Falsehood and Malice.

Patea Mail, 28 October 1881, Page 3

Falsehood and Malice.

A CRIMINAL PROSECUTION. The following correspondence has passed; Patea, Oct. 27. The Proprietor Patea County Mail. Sir, —I am instructed by Mr W. Dale, junior, to require from you a •written apology lor the publication by you (in last night’s issue of the Patea County Mail) of a false and malicious libel contained in an article headed “ The Family Party.” As it does not appear to come from a correspondent, or to be communicated, my client can only assume you are personally responsible for the sentiments there expressed. Unless a complete retraction of the falsehoods contained in the first paragraph of the article (which is one gross falsehood), and an apology for its insertion —to be approved of by Mr Dale before insertion—be published in the two Patea papers in to-morrow evening’s issue, at your expense, and one be sent to Mr W. Dale (to make such use of as lie may think desirable for the maintenance and protection of his own character in the eyes of the world), and my costs herein (£1 Is) be paid, criminal proceedings will commence to-morrow morning, at 11 o’clock. A draft of such apology as you are prepared to make may be sent to my office for perusal not later than 10 a.m. to-morrow. I trust that having strayed so far from the path of lair criticism, you will at once see the propriety of being just and truthful to Mr Dale, and forwarding an ample apology for your error. I am, sir, Yours faithfully, Gervase D. Hamerton. REPLY. Sik, —Being required by you, on behalf of Mr W. Dale, junr., to apologise for a so-called false and malicious libel, contained in an article headed “ The Family Party,” published in the Mail, I beg you to convey my friendly regard to Mr Dale, and say that I will frankly and fully apologise for any wrong statement which may be erroneously published in the Mail about any person. To right a wrong is with me a cheerful duty. As to the statement in question, which you describe as “ one gross falsehood/’ I have ascertained and am prepared to prove that it is correct in all essential particulars. Believing it was so, I published it in good faith, as a material piece of evidence bearing on a public matter. I repudiate the imputation of malice, and regret that there is one person in Patea who does not give me credit for trying to discharge my public duty as a journalist in a spirit of fair independence, free from all malice. So far from having malice towards Mr Dale, my feeling has been, and is, friendly. Your letter is a demand that I shall plead guilty to an accusation of malice ; that'l shall publish an apology for a false and malicious libel; and that I shall pay you a guinea as costs for conveying that information to mo. I claim liberty to criticise Mr Dale’s public actions within proper limits, while respecting and esteeming him in his private capacity. I have done nothing more than my duty; and believing that I have done it fairly, and with an honest purpose of furnishing the ratepayers with information which they are entitled to have in a newspaper, I decline to accede to your several unjust demands. I am not ignorant of the legal consequences, but I should be a coward to print what I believe to be true and for the public interest, and then run away from my own act for fear of costs and imprisonment. Yonr servant,

Edward Houghton