The Whitaker-Hutchlson. Libel Case.

Manawatu Herald, Volume III, Issue III, 27 November 1890, Page 2

The Whitaker-Hutchlson. Libel Case.

FdItTHEK PROCEEDINGS. i The application to fix time aad mode of trial in the libel case, Whi taker v. Hutchison, has for several days been before the Chief Justice, and to-day was disposed of by him. Mr Gully filed au affidavit showing that the defendant had early in September last offered to go to trial in Wanganui at the sittings beginning on the 28rd of that month, and had again offered to go to trial in November, provided a ! month clear intervened before the election. Mr Gnlly also alleged on affidavit that " in spite of the persistent endeavours made by the I plaintiff to bring the hearing of the i case to trial, the defendant lias repeatedly stated publicly, and still continues to state, that the plaintiff is delaying the trial. Counsel I affirmed that this statement by defendant was absolutely without foundation, threw the whole blame of hanging the case up on the defendant, and urged that there should be no delay. Mr Hall, for defendant, asked that the ca^e should not come on before February, and raised several technical objections, and also filed an affidavit by defendant that owing to the necessities of the elec. tions he could not conveniently go to trial in December. Mr Q-ully urged that if the trial were ]K)^tponed it should be expressely stated in the order that the dflay was at defendant's request so «s to prevent any further statements being made by him as above mentioned. The chief Justice ordered that this should be done, and an order was made that the trial should take place on the 3rd February, the order expre.-sely stating that the postponement was at Mr Hutchison's request. The Chief Justice's minutH was as follows :— '• Order for trial by special jury of 12, and an application of defendant fixed foi 3rd February instead of 9th December, without prejudice to any application defendant may make as to pla c of trial." This oider wis made without piej adieu to Mr Gully's application to have the case tried before a Judge alone, which, for the present, the Judge refused. — Tuesday's Post.