FREEDOM OF THE PRESS IN SYDNEY.

South Canterbury Times, Issue 2336, 11 September 1880, Page 2

FREEDOM OF THE PRESS IN SYDNEY.

The “ Evening News” case was partly heard on August 30 before the Chief Justice (Sir James Martin), and Mr Justice Manning. Messrs Stephen, Darlej', and Want appeared for the defendants.

An affidavit from Judge Wind oyer’s associate was read, setting forth that three cases had been heard before Judge Windeycr, and verdicts given against the paper. An affidavit was made by, one of the defendants, Alfred Bennett disclaiming any intention to impute corruption to Judge Windeyer, or any feeling of malice ; and claiming the right to criticise the summing up. Mr Stephen opened the case. Air Darlcy followed in an ah'c speech and demanded that the Court should state the charge. He contended that their Honors were acting as accusers, prosecutors, Jurors, and judges. There was no such proceedings in the istory of British justice. H e disclaimed the intention of the defendants to impute corruption. Judge Manning said that he did not understand the article to impute corruption, but incapacitj r . Mr Darlcy accepting lids, signified bis intention to justify the article on that ground. There was a difference on the Bench as to the power of the judges to hear justification. Air Darlcy protested against the Court punishing the defendants without giving them an opportunity to justify the article. Judge Manning said that if the Court did not hear justification he could proceed no further. Judge Pawcctt suggested that the defendants should consider whether they could not give an apology which would meet the case. Air Darlcy replied that they would not apologise further than to disclaim any imputation of corruption, and asked for the decision of the Court as to whether they would hear justification. Sir J. Martin suggested an adjournment of the case till next day, which was agreed to. The general impression of those in Court was that flic judges were in a difficulty. Mr Darlcy quoted authorities to prove that the proceedings were unprecedented. His address was most

able and fearless, and he was cheered by the people in Court when he concluded. The Court was crowded, and there was a large crowd outside. The interest in the case is great.