Press Libel Case.

Patea Mail, 17 January 1882, Page 3

Press Libel Case.

MAYOR of PATEA v. JOHN BLACK Application for Adjournment. At the Patea R.M. Court this morning, before Mr C. A. Wray, R.M., an application for adjournment was made in the criminal prosecution for alleged libel by John Black, proprietor of the Evening News , against George Francis Sherwood, Mayor of Patea. The information waa read to the Court, setting forth the whole of a leading article published December 14th, commencing thus “ Borough Tendering. The triweekly paper has shrieked to the extent of its vitality, its wonderful ability to publish the borough bye-laws in its last issue, although giving its readers little else for their money,” &c. “The Mayor, for reasons which will probably come out at the next Council meeting, opened the tenders without consulting the committee appointed with him, and accepted that which it best pleased him to give it toHe acted in an illegal manner, and the Council cannot recognise what he has done. The Mayor’s conduct has created a deal of comment,” &c. “It is opposed to all the ethics of good business to force a tradesman to do Sunday work ; and though the Mail may be willing to work every Sunday in the year to earn a few shillings, we shall set our face against it.” The essential part of the libel appeared to be the following : “The Mayor has also reviled the dignity of his position by showing partiality, and in confidence imparting to one tenderer what the only other one had proposed. It is a matter that effects all people in the borough that tenders should be kept secret, or there is no use calling for them. We shall further allude to this subject on a future occasions,” The above are the principal passages in the article, and the peculiarities of grammar and spelling are here and repeated for the purpose of exactness. The information alleged that the article imputed to the Mayor that he had disclosed in confidence to one of the tenderers what was contained in the written proposal of the other tenderer, and that instead of keeping it secret he had defeated the object to be attained by calling for tenders ; intending thereby to defame the said George Francis Sherwood in his said office of Mayor ; being an indictable offence.

Mr Barton, counsel for the prosecutor, said : My friend Mr Haraerton asked me the day before yesterday to consent to a remand for a week, on the understanding that the case was to be remanded another week in order that he might obtain the presence of some witnesses who were absolutely material to the issue before the Court. On that understanding, I informed him I would consent to such an adjournment in Court. I will only ask him now to renew that statement to the Court, that the witnesses he requires are material to the issue before the Court. Mr Haraerton, for the defendant, said : It is absolutely necessary that I should have this remand. One of my witnesses is at present south of Christchurch somewhere, and we cannot get the whereabout by telegraphing or otherwise. His wife says he will be home in about ten days ; and allowing for possible delay in catching steamer, I think fourteen days is the least I could ask for. I have another witness at New Plymouth and one at Manaia that I must get down. The summons was not served till Thursday evening,- and on Friday I was in Wanganui, so that the subpoenas could not be served in time. It is not done for delay, because I am quite prepared, so far as I am concerned, to go on. Magistrate : Are these witnesses absolutely essential ? Mr Haraerton : Absolutely. Mr Barton : And essential to the point at issue ?

Mr Hamertqn : I cannot go on without Mr Milroy, because he was one of the committee out of which this matter arose. Magistrate : Under these circumstances, I presume the Court had better remand the accused till this day week, and then consider whether a further remand be granted, as I have no power to grant a longer remand. The defendant will be bound over in his own recognisance in £lO to appear this day week. Mr Black signed a recognisance accordingly. "Very few opectatators were present) these including Mr Dale and Mr A. Black.