LIBEL CASE.

Manawatu Standard, Volume IV, Issue 268, 9 October 1884, Page 3

LIBEL CASE.

SUPREME COURT WANGANUI.

(Before His Honor Mr Justice Richmond.) Russell t. McKelvie and McMtnn ' f CONCLUDED.] Mr Shaw'^addrexs continued : Re garding Mr McKelvie; ttow I did think if there was any ; man who might have been let off by my friend, as he was slashing out all round, it was Mr McKelvie. But no. The action of Mr McKelvie m allowing Mr McMinn to retain the management of his paper and -placing confidence m him, which he did and does still, were attacked by my friend. I believe it we could have read extracts frbni ,bpth.;^pers: we, should; have heard some very 1 vely talk from each Then the plaintiff ge^i a sort of letter qf condolence from Mr Me K« I vie l»---canse he represented himself m such a way that the latter gentleman took him to be an elderly cletgympn who was very thin-skinned indeed. But even then he. expressed the opinion that the other paper was as bad. Now as to the : dwniafifes. ,My friend says this is a secondary matter. He says tho character of the plaintiff is the fii*t importance, and the damages of secondary importance, but still, at the same time you are to be sure and give not less than £1000. But to talk about punishing Mr McMinn w absurd, you have been talked to by ihV friend like children, for if the plaintiff had wished to come upon Me Mi»m himself he Rhould have sued hinV; for criminal libel. Now gentleman trejrret it as much as anyone it- the evidence has proved m any way that Russell had so far forgotten himself a*' to disgrace himself and family m the manner indicated. lam very sorry. But do not al low him to come to this court and make money out of his infamy ! If you are of opinion that there were grounds, substantial grounds, for these para graphs to a|>jtear then you must say. to the plaintiff. No, yon must come into this . court with clean hands "before you. seek damages like thiv. Gontfemen Wore, parting with you I sfcould Hke* to say that we have tho. nl most evidence that the plea of jugtificabion by proof has been fully sustained. The only evidence we have that is conflicting is tliat of the plaintiff himself. I leave the matter m your hands. .:..:, Hi» Honor then, summoned up the evidence and delivered his charge to the jury. His honor said theie had been a great deal of collateral evidence given, but he would confine hi* comments to the main facts. There were two poragjaphs which were alleged to bejibellona, of wliich the second one wfis the most important. If Constable Gillespie had really done anything behind his duty, the real thing, to ascertain, wa^ to what extent this letier was justified. They must infer from that letter, that an assault had been committed. In criminal assaults power was given to the judge 1o punish with flogging, so that if they looked at it m that sense it was , a very grave matter. .Bat. he didn't gay that was tlie only way they could look at it. Then the same writer went on and the last part seemed to him to be a charge of the same character. . That was that an indecent assajilt harl )»een committed. Inspec tor James had said m his evidence, the, matter n\"st be looked upon m a. criminal light to l»e taken notice of by tho police. If these, were the corV rect meanings to be implied from the passages m the letters, they meant a very, grave charge indeed . Then it wagjkhoi'r duty to see to what extent these charges were supported by the evidence! Tsiking that' of Miss Louisa Crawford, he might first remind them, that the plaintiff was the iiiessoe of the Hall m Palmerston. He had also; stated, that he liked to always nee that the lights were put out before leaving the Hall. That" was the light, His Honor wonlil presume the plaintiff's counsel would wish them to take -the affair Jn. the dressingroom, and :of the fact of he, a married man keeping ont so late . at night' 'With the Compay. (His Honor then, read extracts from the evidence). One thing, , that the lady had not given the plaintiff any enconrageuient,. was m his favor, for he must have been very innocent if he had made such projKJsala as those alleged, |f ;no toneeuragemenfc had been given him. It shewed that he in usli be very new to -matters of this sort. Then with regard to lii« placing hu hand upon Miss Crawford's arm, there wua something m ihat. which might be called a legal assault. Regarding' Mr McKelvie, his demeanour m the witness box had suggested the idea that that gentleman was an, ,it)>fii'.ni old gentleman, who merely found the meaus to carry on the paper,. whil»t Mr McMinn found the brains; vißut it seemed from the way m which he had given evidence in ' cross examination that Mr McKelvie still retained his powers of judgmenty. and was what, might be termed '• all there." In fact the let ters he had. written m reply to those of Mr BiasseM were forcible; and well put together, and His Honor thought he might do worse than undertake the editing, of his own paper, Swhen the people of Palmerstpn would very quickly notice the change of blood that had come amongst them. Sis Honor also (dwelt upon" a variety of other points m the evidence which had been giving, bis Address occupying nearly an hour, after which he charged the jury to give their decision a» follows :-r---(1). If the charges made m the alleged ;libel had . been j ustiUed by the defence. (2). ff not, liow much damages the plaintiff Was entitled to. The jury retired at ten minutes to eight o'clock, and came out at ten minutes to eleven, with; a verdict- m favor of the plaintiff, damages JglO, nine of them only agreeing 1 upon^the > decision. 'CoAtJs were allowed on the lowest scale, and Mr Shaw's application that the case waa pne for a common joryrand-iiQi:a3special inry was allowed. „ , ; ; ; . The. Court then, adjourned. '