LIBEL CASE.

Manawatu Standard, Volume IV, Issue 262, 2 October 1884, Page 2

LIBEL CASE.

SUPREME COURT WANGANUI.

(Before His Honor Mr Justice Richmond.) Tuesday, September 30th, 1884. Russell v. McKelvie and McMjnn [continued.] Miss Louise Crawford, examined by Mr Shaw : — I am an actress, and have been one for about 12 years. I waa tiavelling m May last on a fessional engagement, with a theatrical company and we stayed and playe,d m the towu of Palmerstbn North on three separate occasions. The first season Was iii the latter end of May 1883, then again m June of the same year, and then m May 1884. I do not' know the name of the hall the company had the use of, but I believe it belonged to Mr Russell. He represented himself as the proprietor of it at any rate. I was staying at the Clarendon Hotel, kept by Mr Carroll, with the other members of the company, and I was introduced to^Mr Russell by some of the members of the company, I saw him more than once both at the theatre and at the In>tol. I did, not invite him, but he visited me after the performance was over, just as any other man would have done. It is usual <o have-supper when they can get.it. Mr Russell was at these suppers, although they were not ordinary set suppers for the public. If. the company had not been staying there, there would have been no Riipper. Mr Russell en me there each night uninvited, and never explained how he came there, but just joined m the ' ordinary convention. There were other ladies, besides myself m the company, I remember speakingf to the landlord of the hotel with reference to Mr Russell. I remember very well that neither Mrs Wilkinson (Miss; Amy Johns) or myself liked him atf all, I don't know why, bul we used to wi-.li he wouldn't come. Perhaps it was similar to the cane of Dr. Fell. " I do not like you Dr Fell The reason why I cannot tell, But what I know I know full well I do not like you Dr Fell/ In course of conversation we told Russell we didn't like him. I remember playing on a Saturday night. After tliQ j>lay was over I saw plaintiff when walking down to the ho el with Mrs Wilkinson, and two MisS Howards, and again at supper. The supper room i«npon the ground floor,. It was a publio room m the lftttel, and to reach the private portion of the house yon have to cross : a small open court yard, As we entered the passage I was the last of the party,; and when we left the room we were all talking m a friendly wayy plaintiff amongst us. We were all making straight for upstairs, and I was last, the plain tiff close behind; I told him I would sh ui the door after him, very politely, for I wanted to see him go, but when 1 tried to open it for him, it was locked, and the key gone. F told him so, and at the same moment Miss Jessie Howai d said "I will get the key," — she was closfl to me..'.' But the plaintiff put his hand on my arm and said "never mind, I can come and stay m your ronm." I just thvew his arm off and went upstairs. I. had given him po encouragement whatever «nd I was not m his society alone for one solitary moment. The maunor m which the plai'itiff descrihex it is utterly false! It U utterly utterly false. He

never hid this .sli^httMt ene«»iirai:euient whatever. I made v complaint, to Mr Carroll about tlie plaintiff's conduct. I saw the plaintiff at;uin iv Pnlmerston the last time we called He was on the strtgo of the theatre behind the curtain, and was also a*»out the theatre. On the occasion that we played " Lmiine " he opened tin* door of our dressing room, M»s Wilkinson and mysolf were m at the time taking off our stage continue and putting on tlu» ordinary dresses, •* Lurliue " is a. burlesque, and we hail been dressed iv "tights" which we w«re changing when Mr Russell opeued the door. We were not m a fit state to receive gentleman \i*itois. When lie hud opener! the door lie stood there and did not seem m a hurry to go away, as any one else would have done if they hud entered by mistake, but he seemed more inclined to stay there We rushi'd to the door ourselves and shut it m his face. I have travelled a good deal m my time, and am used to the ways and characters of jteople. Mr RussU's character is m my opinion — : — Mr Izird here interposed. Mr Shaw cou tended it was right to allow a person's character to b« stated m case of his being a plaintiff m a libel. Miss Ciawford resumed. I took no proceedings against Mr Russell on my own account, as 1 was leaving the. town next day, and hadn't the time even if I had had the inclination. Cross-examined by Mr Izard : I have been connected with the stage some time, I came here to give evidence at the defendants' request. I am only paid a trifle above my expen ses. The trip will cost me £30 for myself and boy, and i ani.only allowed £30 altogether. The re»t of the company were stayiug at the same hotel as I was when the scene took place excepting two. W"hen we went to Palmerston several ot the company went back to the same hotel again. We were m Pnlmerston twice m 1884. It was on Saiurday 9th June that the affair took place. Saturday night performances always takes longer, and it would be about ;1 1>80 when the play was' completed. We all had supper at the hotel where we were staying. I could almost swear that no other member of the company invited Mr Russel to come m; and'l am sure I didn't. We might have lieen chatting until 12.30 a.m., when we all left the room together. There were no other gentlomau there except ! Mr Russell. The other gentlemen had gone out. There were four ladies, two, Mis 3 Howards and Mrs Wilkinson. : We went into the passage,(plan of passage produced, shewing the teiative positions of tlie dining room, bar, stiircAse, street door, etc.) The foot of the staircase which I was about to ascend, was about a pace and a half from the door that Mr Russell would go out to the street by. We all were going upstairs, except Miss Howard, who was saying goodbye at the tool of the stairs to her fiancee. Mr' Izard: Oh, she was* saying good-bye to her fiancee % Rather a public spot she chose? Was she a very 'long time saying " good-bye" ? M iss Crawford : You may put it so ! if you like. You know how long you would bo saying good-bye to your fiancee. (Laughter.) Miss Howard left us to get ihe key, ami Mrs Wilkinson was standing aWout &ix steps up the stairs. She could see what took place, but J f don't know whether she heard what was said. The ordinary lamp was hanging m the hall. Mr Russell then put his hand on my arm and said, "Never mind, f can •come and stay m your room;" He couldn't have referred to my sittingroom, because I had none. I hava seen him several times m Palnierston since, and have been purposely uncivil to him, and have only bowed to him when I couldn't help it. He tried to walk along with: me one evening, but I went on and had no conversation with him. Mrs WUkiu ; «on was staying m Auckland at the same time that I wax,, she was m another hotel. With regard to what took place m,, the dressing-room, witness deposed : — ; Mrs Wilkinson was with roe. We do not generally lock the doors. Mr Russell opened the door after the performance was over. We were removing our stage costumes, and putting on on.r ordinary clothes. Ido not consider that Mr Russell can have looked m to. see if the lights were all put out. He was tlie Lessee of the , Hall, but Lessees do not generally do that, the man looks, after the lights. , By Mr Shaw : I wish ir understood that the «£3O allowed me was •to pay •mv travelling expenses. out of. I was still a member of the conypany, but have now hi'oken my engagement with them : and have lost a great deal of money by coming down to give evidence m this case. A man could "■ hot ask to slop m my sitting room at that time of night. Mv Wilmott took, legal advice as to whethei* I was bound to attend as a witness or not, and found that I was not. : John Gillespie was then called, and made the full statements, Mr Hawkins oxamining : lama police constable and was formerly stationed iff Palmerston, but an) now at Fielding. I recollect about the middle of March last, and was then m Palmerston., There was then a land court sitting 1 / and a number of natives were m the town, of both se^es. There used to be dances taking place m the Foresters' Hall. Certain residents complained to me of the conduct of certain persons m Palmerston , and I made enquiries about the affair. I believe a complaint was made to the' Borough Council on the matter. The plaintiff told me the hall was licensed, and it would therefore be under the control of the Council. I believe a letter was written about it. A considerable time afterwards m the same year 1883, there was a good deal of talk about certain proceedings that had taken place at the Clarendon Hotel, m fact it was town talk at this time, viz., some months after June 1883 there was a rumour affecting the plaintiff and Miss Crawford, about wli»ch L made some enquiries as a constable. I didn't speak to plaintiff, but to several other people, an M believe the plaintiff came aware thai I had tnkion steps to make en--1 qniries*. He told mo up«h one oc casion that he would interfere, to get |me shifted' from Palmerston, and complained that the.ro was too much drunkenness about the town, and said he would try and get a Justice flf th.c

Peace to sign a paper to get mo removed. I waitl it was very strange that no one should complain but he, and suggested that there must be some other reason for his wanting to have me removed. He .said the place was too large tor one man .to look after, and expressed hiimelt dissattfied with nv\ I knew fruit hi < tone that ho had a set upon me. He cumpTaiued to me one Monday of some drunkenness that had taken place on the Sunday. ... I said I hadn't seen it. Tbeie was afterwards n rumour about the native woman, just as there was with regard to Mfca Crawford. (Some objections were here made by plaintiff's counsel as to putting m rumours.) I made enquiries about the native woman affair, which I think tttu .plaintiff foiiud out, from his subsequent itehaviour towards me. L 'then receivfcd a letter, from In? ■ xpector James, and. I. was lemoved from Pnlmerstori shortly' afterward*. I have seen plaintiff* since. The first ' occasion was a, day or so before I left Pslmorston and he said something then about my removal. He asked if there, was any news, I replied that he ought to.be able to answer that aa he appeared to tho chief moving spirit m Palmers ton. He said I suppose you know I have sent a letter, to James about yon? f said 1 was aware of that fact as I had received a letter from Inspector James about it, I then asked him why he didn't write the truth, n ud he replied " well you know Oill&spie you have not treated mejfairly . Mr J ameshsul been wanting a removal on the coast for some time past, and at the time I wrote to him [ knew he would send you away." The plaintiff and Mr James were personal Mends. My wife was not m a fit state to bo removed at the time. By Mr Fitzherbcrt : I always report criminal offences to superior officer, I did not report the rumours I heard about Mr Russell. I have not made myself busy iv getting evidence together, nor have I spoken to Mr Carroll, with reference to the ' matter. Mr Russell did'say I wa« one of the best constables on the coast, excepting on Licensing Matter^. . % '~*'i*s£s* '?.' .'i.'**^-:?-- I .'^" 1 By Mr Hawkins : This was some considerable tiuielinfore my removal. . John Murphy was then called; Examined by Mr Shaw. I Was at the Commercial hotel on April 1884, and remember meeting a native woman coming into the hotel oue evening m a very excited state she made a statement to me half English ana half Maori, saying " that's the pakeha that stopped me from going home," and pointed, who was walking at a little distance, hut did not speak. It was evening, but there was a lamp m front of the hotel which lighted up the road, plaintiff took ho notice of u.s but walked straight, appearing lo cross the road on his road home. Before this took place I had heard a • report of something* having taken place' effectiug' Russell. v " '*""' ' r Cross-examined By v,Mr : Izard. .■> £■.. heard the report against Russell m the bar of the Commercial Hotel. (Here a plan was put m shewing the Commercial Hotel and road, etc.) I Lave not. heard Me Minn making en- | quiries here on the matter. I have ; been chaffed. about it after the publication of the article. I saw a man called Hannah standing .close, by at the lime: It was- about 9 o'clock, t know nothing to ; make me believe that Russell is a man of bad behaviour. There is not much, drunkenness on a Sunday m Palmerston, 1 have not seen the bur of the Clarendon Hotel open on v Sundays., E. W. Perkins was called, examined by Mi: Shaw: The.-.plaintiff was con:uected with'the constable's removal. He heard plaintiff say so m the constable's presence. Gillespie} was over from Fielding- one day, and , asked plaintiff' who was- standing near the court house, m my hearing what he had done to him (Russel })r to cause him to get him removed, Russell implied that Gillespie had done nothing to •hini. • Gilleipie vednsidired tlia6 hhU might have lost his appointment altogether.through Russe! reaction.' I had heard' a* circumstanco- mentioned about the plaintiff previous to the appearance of the paragraphs m the paper. : These affected his ..private „ character and chastity. •.-? .i i Cross examinpd by Mr Fitzherherfc. fn conjunction with some' 15 or 20 others I agreed to withdraw my ad~ vertisemVnts from the / plaintiff's^ paper. I considered be was \vriting ag inst the interests of the town propert}'. ; It ' was not on account of hi» J being opposed to the Borough; loan, for I was a member of the council myself' at-the time 'and was also 6pM? posed to the loan. He wrote articles intended to shew thai the Borough, was bankrupt [ don't: . know; anyi ; -' : thing about his chastity. Mr John McKolvie then deposed I am the proprietor of. .the Mana- , watu Standard, I didsnW" start this, paper myself; lmt it isirne ttf me. afterwards; th rough giving assistance to*. Mr McMinn. I never intet fere mY" the management of it, and have not* read th& alleged liMs^and Iceitainly did not write tliem. "" I had a writ served'upon me, P believe it was- fora £\ OOO or somewhere itooiit that sum, ff anyone has to pay I Rlla.ll. Cross, examined by Mr Jzatd?: 151I 5 I certainly understood that something like £1000 was being asked from U)e. I never take any notice of thesen things but send them to Mr McMirtnl when I receive then.'. 1/ received > somel««terß from Mr Rupaell. I sai(|;l ; was sorry anything had apppeared io • the Standard and I advised McMinn 1 to abstain from making attacks m the paper. ' (Letter rend .from RuS^ sell to MdKelvie, commencing "Dear Sir, owing to the scurrilous attacks which haw been appearing m, your paner. etc" :,..'•,*, MrMcKelvie: T admit that I jneceived that letter, , but I diiln*t think; anything about it. I did noi call, upon Mr : Russell after,, but before I received it. I liad a conversation', with him iabout the artideSiWhich haj^ apjwared. I probably expressed^* great* many opinions on th*t occft4on« I did not feel particularly for any-! one except perhaps, forf Russell himself.. ; He. told me hen had -ijeen .&. clergyman m a former letter, aft^ % expected »to find : a, iyenarabl^ old gentleman. But I consider X-iwa* taken m when 1 found him., l t was surprised he should , he m pni about by Mich triftinjj ariJolW kl re.toember sometljlnsi being said abo-t someadvertißemente Qng appropriated hy>

tho Standard which belonged to the Times. I don't remejnlwr Russell telling me that the Bangitikei Advocate had been involved m a lil«cl through McMinn or tho Wanganui Herald. Russell didu't tell me that keeping such a man as McMinn was. like keeping * road, dog m my premises. • (Letter read from Hankinn and Baker r also reply.) With regard to this matter, Mr McMinn had been m "Wood ville and had no sny m it, and had made amends m the following issue. • . By Mr Shaw : I read some paragraphs which Mr Russell sent nie.and thought they were ou simple trivial matters. Russell also shewed vie that the Word "for", was omitted ■ from the imprint. T/his> wa> » P ut vighr. day. He also complained that l;he copy of the Times which was postedup outside his office door had been' torn' down, and a Standard posted up m its stead. (Extracts read here from the Mauawatu Times.) I have never seen anything published m the Standard which would justify Russell m making no much trouble as he did. William H. James called. Examined by Mr Hawkins. Witness produced * several letters referring to the removal of Constable Gil leepie, and would put them into court, if his Honor thought fit, two of these were retained, the rost being put m. The first* letter was from Mr Bu&seli who said he had been requested to mention the laxity of the police m his paper. Thin he hadn't done, but it had caused the police to -Tie more strict, since then, Mr Fenton, of the Royal Hotel, had withdrawn all business from him, giving no reason for doing so, but he could easily see thecau.s**. Someone had told Fen ton that he (.Bnssell) had caused the police tt» he more strict. He concluded that the police Constable had done so. Witness had also received another letter from plaintiff (letter read;) . : Mr 'Pitzhorbert cross-examining 1 . J * have known the plaintifi for some years and have.never heard anything against his social character. He was v Wes» leyan Minister when I knew him m Hoki ikaand I always considered, him a highly respectable man m every -way. Two years ago I suggested a removal on the coast. 1 thought that Constable Oillespie was attending too much to his private duties. It- is customary to change" about places ' with police constables. I wished to move the constable from Feilding to Bulls and the Bulls constable to Palmerston, : ■By Mr Hawkins : It was on account if the Licensing Bench calling aftbcn~ lion to the constable that I had Gil-, lespie removed; Moreover he conversed with the publicans which wasn't right, I know nothing about Russell's character previous to his coming to Hokitika. James Carroll was then called and stated. Mr Shaw examining : L have kept the Clarendon Hotel for raoiv than'Htz yeai**.! remember the Wilmot Company, stopping m my house m June lost, and among«t them Miss Crawford and Mi's Wilkinson and others. Mr Russell visited my house while these ladied were there. He came when 1 the theatre was i over generally which ■was about 11.30 p.m., and stayed to supper; A cojnplaint was made to me W Miss Craw^>rd and Mm Wilkinson.' They didn't exactly complain but said they didn't want Mr Russell following them about. r Miss Crawford 1 w«s m an excited condition, when I dame out, and I found the two Women: making complaint. There ■was a rumour existing respecting plaintiff's chastity at that time, beiore May 1884. Ih*d no further conversation oh the matter with the plaintiff until about a week or ten daya-agOf- when: be- called and asked me jf. I was to be a witness m the case, and then naked leave to see the servants, one by one, which I allowed him to do. I have known Miss Crawford, since the company first canie J to Palmefston arid do nob think she would be likely to encourage the plaintiff. - Ci oss examined by Mr Titzherbert: Plaintiff asked me if he had been drinking thatr night. 1 do -not think he had, I don't tbiiik it is unnatural to ask that question. I did. not see him assault any woman. . (To. be continued.)