The Spooner Case.

Te Aroha News, Volume XIV, Issue 2134, 26 July 1898, Page 2

The Spooner Case.

DISCUSSION IN PARLIAMENT. THE OFFENDER TO BE LIBERATED. In the Legislative Council on Friday afternoon, the Hon. George Jones moved, “That the Governor, in the exercise of his prerogative of mercy, be asked to consider the justice of ordering the release from prison of Mr Spooner, a printer of Auckland, who, for omitting |to append his imprint to a sheet _o| poetry, which he printed to the order of a customer, and which was deemed to refer disrespectfully to a certain citizen, was sentenced to pay a fine of £l2O, and who, in default of the payment of this fine, in consequence of his impoverishment through the prosecution at the*instance of an informer, was consigned to prison for a period of two months, with hard labour.’ Mr Jones explained that immediately after the magistrate’s decision, . Spooner’s creditors pounced upon him, and his finances were so reduced that he could not pay the fine, and was consequently sent to prison for two mon hs. The imprint law was unnecessarily harsh. It was passed in 1868, and was a remngnfc of legal barbarism. Of course, no one would say that Spooner ought not to be punished, or that no imprint law was required; but,- although Spooner had offended against the law, he had suffered sufficiently.

Mr Scotland seconded the motion. The offence, he said, was not so much the omission of the imprint as reflecting: upon a fellow citizen. (Mr Jones : 1 1, admit' that.’). 1 Mr Jennings admitted that the law was a harsh one, and, that the magistrate had no alternative but to inflict the penalty he did. Everyone, however, understood that the act did not apply to cards, billheads, and such things, but was intended to meet just such an offence as that committed by Spooner. The poetry made insulting and repulsive reference to a citizen and the religion lje professed. To show the magnanimity' of Mr Foley, the citizen to whom the verses ; referred, he had signed the petition- asking for Spooner’s release.. The Act was never brought into force except in cases where defamatory matter was printed. The Minister for Education (Mr Walker) said the Government had made up their minds to recommend the release of Spooner. Although the Act might be harsh, no right-thinking person could have much compassion' on Spooner; still, it was felt he had suffered enough, both in pocket and otherwise. He had served a portion of his time, and they would advise His Excellency to remit the remainder of His sentence.

Mr McLean contended that Spooner should r'erna ri in prison until he g 7 1 up the name of the. author of the poetry. It would be manstrous to release him simply because he had taken upon himself to shield someone who was libelling people. He hoped tbjß would:, reconsider their decision to : recommend the release of Spooner. After further discussion, a division taken, when the motion was rejected by 20 to 16. In the House of Representatives Mr Holland, without notice asked the Minister for Justice if the Government intended to grant the prayer of the petition sent in by Spooner. The question, he said, was one of urgency. The Minister for justice replied, stating the facts of the case. The man had now been in prison for a fortnight, and, under all the circumstances, the Government considered the ends of justice had been met by this punishment, and they intended to recommend His Excellency Jto remit the balance of the sentence forthwith. Later, o It is stated that Mr Bpooner was released from Mouut Eden Gaol, on Saturday, at noon, the Government having remitted the remainder of-his term of imprisonment for failing to put his imprint to a leaflet, in response to the petitions and agitation got up on hia behalf.