A SCURRILOUS SCREED.

Taranaki Daily News, Volume LI, Issue 149, 15 June 1908, Page 4

A SCURRILOUS SCREED.

THE MAYORAL ELECTION AFTERMATH. "WATER DOG'S" LETTER. A couple of cases of unusual interest were heard on Saturday morning at New Plymcuth before Mr. 11. S. Fitzherbert," S.IJ. They had their origin in the anonymous and cowardly attack upon a candidate for the New Plymouth Mayoralty at the last election, a letter by "Water Dog" in an .outside paper having been reprinted and distributed in the borough. The police took the matter up, and Saturday's proceedings were the result. (lottlieli Koch was charged with having, on the 10th of April, dispersed two copies of a paper, to -wit, copies of a letter purporting to be written by one "Water Dog," to the editor of the Auckland Free Press and bearing the date 18th March, 1908, the printer of the paper having omitted to print therein his name and place of abode as required by the "Printers' and Newspapers' Registration Act, 1808,'' by delivering one of the said copies to" Henry Ward, of Devon street, and aiunliov to ,1. A. Roberts, of Eliot sheet.

S-rgcaiU llndiirell conducted tho prosecution. Thi' def»'-n:l:ii! f, who was unrepresented by counsel, pleaded '•guilty," but said lie liad acted in ignorance of the law. The Magistrate said that imfort.inatih ignoiiir.ee of the law was no excuse, anil it would not exempt him from the penalty, which might be a very heavy one. The minimum fine was .Cltl, or .■£."> tor each offence, and lie was afraid lie would have to inflict that penalty, with costs. Defendant: Where shall I get £lO from I The .S.M.: 1 don't know where you'll ge', i\ write to the authorities, if you like, and a,sk them to remit the fine. I'll allow you a month in which to write to Wellington to see if they'll remit any portion of the fine, or to find the money. The fine of .CU), with costs lis, was inflicted. John Mynolt was charged with having delivered one of the papers to A. K. Sykcs, chemist, on April 2-1. The defendant, who was represented by Mr llulchcn, pleaded "not guilty." Evidence was given bv A. E. Sykes, to the ell'eet that on April 21th, as lie ■vis passing along Devon street on Anril _lth, llynott handed him a piece of pallet [produced), remarking, ''Head it, and vote for whom you think fit." Witness put it in his pocket, and went about his business. Upon returning to Ins pi armaey, he read the paper. Ho thought it a most cowardly act upon the part of the man who wrote the letter.

To Mr. Hutchen: He had not been at enmity with Mynott, ami had not acted, in concert with him at previous niayoral elections, lie hail shown the pamphlet to his assistant, and to the detective, hut not to Mr. lloodacre or Mr. Corlcili. lie could not remember handing it to anyone else. Tl.e S.M.: Do you know whom it refers toY Witness: I llrink it's a rcllcction on Mr. lisch and Mr. diaries Lepper. Witness said lie had no knowledge of anutlier printed slip (produced) being circulated by Mr. Tisch's committee. Detective Bod'dam gave evidence that he had received the re-print from Ml'. Sykes oir 28th April last. The defendant did not volunteer evidence. Mr. Hutcheu, for the defence, submitted that the evidence had not established the charge. The defendant was charged with "dispersing" a paper by delivering it to Mr. Sykes. Webster's definition of "to disperse" was "to scatter abroad," "to drive to different parts," "to distribute," "to diffuse," "to spread." He did not deny that cvirence of the delivery of one copy of the paper might be evidence of "diapers-, ing," when there were other circumstances in evidence to show that de- >

fondant was in the aeV of dispersing, as if lie had in his hand a bundle of the papers, from which the Court could gather he was engaged in dispersing. "For instance," said Mr. Hutchen, "if 1 handed this book to you, your Worship, it would be a misuse of the King's Jinglish to say that I was dispersing Webster's Dictionary." There must be proved the delivery of more than one copy to esablish the charge of "dispersing." In view of the serious penalty which could lie imposed, lie would ask the Magistrate to adopt the ordinary rule—that the charge must be proved right up to the hilt. The prosecution only aleged the delivery of one paper as a breach of the Statute. The S.M.: Can you quote any authority; Mr. Hutchen; There is no authority, as far as i can find. The S.M.: The whole of your argument is as to what the word "disperse" means. The inference that 1 have to draw in regard to printed matter is that there were more topics than one Mr. Hutclicn interrupted. A reasonable presumption is that Mynott had his copy given to him in the street, 'there is no evidence that, he had more, or that lie was engaged in distributing the papers abroad. Sergeant lladdrell said that clauses 7 and -M of the Act. had to be studied, with facts. The police had proved that "any papur" had been "gratuitously delivered," and that constituted an offence, lie (pioted a Wellington case in which the Commercial Agency sent a postcard to a man to collect an account, the postcard being without an imprint. It was sent to the police and conviction and line followed for the dispersing of that one copy. The Magistrate said he saw no need ito reserve the point. The marginal note of section 7 referred to "persons distributing," yet the clause dealt with only one copy. .Section Utl created the offence. However, he would reserve the point and look into it if Mr. Hutchen wished. As far as he could see, there was very little in the contention. Mr. Iliilchcn said that if a liiwi were indicted he would have to ask leave to state a case for the Supreme Court. Mr. Fit/Jierbcrt reserved the point, intimating that he would give his decision ne.vt Saturday.