MAGISTERIAL.

South Canterbury Times, Issue 2589, 8 July 1881, Page 2

MAGISTERIAL.

TIMAUU—THIS DAV. (Before R. Beetham Esq., R.M., and W. Beswick, Esq., J.P.) ALLEGED LIBEL. Wildie, Allan, and Stumbles v, George Green. Mr Hamersley for plaintiffs ; Mr Jameson for defendant. G. 11. Gardener stated that he was manager for the “ Timaru Herald.” The paper produced was the issue of the

“Timaru Herald” for June 29. Did not know the signature of the advertisement contained in it.

Thomas Turnbull, clerk to Moss Jonas, auctioneer, slated that the document produced (copy of the advertisement) was written by witness, with the exception of the signature. The signature was that of George Green, the defendant. The document was written in witness’s office at the auction mart. Believe Mr Jonas was present. The document was written at Mr George Green’s request. He dictated it, or partly dictated it. Wrote the advertisement because Mr Green asked him to. By Mr Jameson—The word “ misleading ” was not in the notice when Green signed it. By Mr Beetham —Knew who wrote the word “misleading.” It was the editor of the “ Timaru Herald." He substituted the word “ misleading” by striking out the word “ deceiving.” Geo. Hunter Wildie stated that he was an auctioneer of Timaru. The firm had had certain dealings with the defendant re bill of sale. Theirs’ was the only firm, and the defendant the only individual of the name in Timaru.

By Mr Jameson—Did not know of his own knowledge tnat Mr Green had been charged 120 per cent. Had not sufficient personal knowledge of the transactions of the firm to be able to say, but felt convinced he was not.

Mr Hamersley explained at this stage that Mr Wildie would have been in attendance at the Court to day, but was obliged to attend a sale. He (Mr Hamersley) would have no objection to a remand if it was thought desirable, in order that Mr Wildie might be present. The case for the prosecution hero closed.

Mr Jameson then proceeded to show that there was no jtrima facie case against his client. There had been no attempt of the plaintiffs to show that 120 per cent had not been charged by them, and the prosecutor was not in a position to deny the allegation. Mr Hameraley having replied, the Bench dismissed the case without costs. CIVIL CASES. J. Bruce v. R. B. Sibley—Claim £73 12s 7d, Mr Reid for plaintiff, Mr Jameson for defendant. Case adjourned till Monday next. The Court then adjourned.