RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXI, Issue 4907, 13 December 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, December 12. (Before J. Moore and Charles O’Neill, Esqs., J.P.’s.) THE ADJOURNED LARCENY CASE.

The hearing of the case Hoskins v. Aldridge was resumed yesterday, the justices taking their seats on the bench at the appointed hour, namely, 10 o’clock. Mr. Barton, who was a few minutes late, explained that he had been consulting with one or two friends as to the coarse he should take in regard to what had appeared in the public Press respecting his conduct in the present case. After a brief interval, during which the Bench did not offer any observation,

Mr. Barton continued: I presume that your Worships have read this morning's paper, and I think, therefore, that you cannot have failed to notice, in the report of yesterday’s proceed- - ings in this case which appears in the New; Zealand Times, that not only is everything possible stated to damage the counsel for the defence, but your Worships will notice that the whole of the evidence for the defence is entirely suppressed. And of course there follows another newspaper, article, attacking me, evidently with the purpose also of inducing the public to believe that I am not. a proper person to conduct business in this Court, .and the Bench to believe that they must take very good care to convict in this case, or the paper will attack them in turn. Such a course of proceeding, your .Worships , must admit, is highly improper, when a. , case , of this kind is pending; when the Court has* admitted .that it does not feel strong enough to. rely solely on its'own judgment, and when, , moreover, an action taken by me against the New Zealand Times is pending. They evidently made up their minds, because the writ. had net been served, that I had made a sort of threat which I never intended to carry out;; but in that they were considerably mistaken. A new aspect of the matter is this : Supposing; I had made up my mind not to proceed, ■ such an article as this to which I'allude is highly improper ;it. is evidently as much as to say—- “ Now, this gentleman has made up his mind 1 not to carry out his threat, and we will let him know that he may be attacked, and that this case shall (as Dr. Buffer stated) be sent to the - Supreme Court for trial.” I say, your Worships, that it is the duty of the Bench not to allow such cases as that at present. under consideration to be dealt with in this manner by the newspapers. lam perfectly well aware that if the prisoner be committed for trial he will be committed because. your Worships consider it your duty to do so, and I have always felt that whatever may have been the little contests between my learned friend and myself, your Worships' have always . been actuated by a desire to do right. Mr. Moore : But you have before observed,. Mr. Barton, that whenever you rise to speajc the Bench is always against you. Mr. Barton: My observation was to the effect ■ that when Dr. Buller-complained of my wasting the time of the Court I said that whenever I rose to address the Court it was treated as being a deliberate waste of time. Mr. Moore: You did. not put it in that way, Mr. Barton.

Mr. Barton: Is it your Worship’s desire to follow in the track ef the morning newspaper I Mr. Moore : Not at all. I have nothing to do with the opinions that are expressed in the newspapers. You cannot, however, question the accuracy of the report of the case which appeared in this morning’s Times. Mr. Barton : I cannot ? Your-Worship astounds me !

The Bench: The newspaper report is impartial, and you, Mr. Barton, cannot say it is not.

Mr. Barton : I deny that such is the case,! your Worship, and the “ accuracy ’’ of the former report was such that I shall, I hope, be able to prove elsewhere the malicious falsehood of every line of it. If you think it is not so, you can give evidence on the trial to, prove the report to have been correct. Mr. Moore ; Whatever we may be called upon to state will bo of our own knowledge. Mr. Barton : What I wish is, that during the hearing of any case, whether long or short, the Bench should prevent any newspaper from endeavoring to affect the ultimate result, and from acting in a manner calculated to induce the Bench not to follow its own mind in arriving at a decision. • Mr. Moore : We have no power to influence the newspapers in their reports, and supposing we possessed that power, it would be very arbitrary to exercise it. ; Mr. Barton: Do your Worships think it proper. and right that during the hearing of a case the evidence for one side should be entirely suppressed, that. every chance word and expression, should be put with a sharpened point,,

bo that it may tell against one side, and in favor of the other,.and that leading-articles should be written ,on .the, conduct of the counsel on one side during the hearing of the case? . , ■.l , • Mr. Moore : We have no control over the newspapers in that respect.' Mr, Barton: It that he the case, I have nothing further to say. I shall now proceed with the case.

The evidence of several witnesses for the defence was then taken, their names being— Amos Burr, if. EL Hudson,' Mrs, Bird, and G. Loekie. Athalf-past 1 o’clock the Court adjourned. After the adjournment for lunch, Sergeant Heady, William Dalton (master of the schooner Kuhy), and Mrs. Hoskins (wife of the prosecutor), were examined by Mr. Barton for the dcfsucSt During the examination of the last witness Mr. Barton alleged the suppression of evidence by the newspapers, and said that the Press could influence public opinion to a great extent, which, in a case like the present, they would yet have to learn was an indictable ofience, not to be committed with impunity. Public opinion was misled by such conduct; and he and the public had a right to complain of this. Mr. Moore intimated that the judgment of the Court would not be affected by anything which appeared in the newspapers. As the examination proceeded Dr. Buffer had occasion to object to the acceptation of hearsay evidence, and requested that an alteration might be made in the depositions. , Mr. Barton then said: “If you want the little verbal .alteration, in God’s name have it; ” and Dr- Buffer trusted that his learned friend would not he profane. Mr. 1 Barton then proceeded, and alluding to the fact of the persecutor having made some entries in a family Bible, said that he took pains to mention the matter for the benefit of the Wellington Times. He then pointed, at our reporter, and said; “ See, he is putting it down now; he won’t take any of the evidence.” (Laughter in court.) Constable Wayland was then examined; and at half-past 4 o'clock the case was adjourned until Thursday at 11 o’clock, when the respective counsel will address the Court.