QUEEN V. REED AND BRETT.

Thames Star, Volume VI, Issue 1808, 19 October 1874, Page 2

QUEEN V. REED AND BRETT.

The libel case, Queen against Eeed and Brett, was commenced at 10 o'clock this morning, before Judge Arney.

Messrs. Gillies and Hesketh appeared for the prosecution; Mr. McCormick for Eeed and Mr. Rees for Brett.

The following special jury were empannelled t^-Robert C. Taylor, James Dilworth, J. C. Firth, Eobert Walker, Thomas F. Masefield, Charles J. Pye, Charles Tothill, W.J. T. Bell, William J. Taylor, Edward Bartley, T. B. Cameron, Barton and Ireland.

Mr. Tothill wanted to be excused on the ground that he was Secretary to the Qufcrtz Mining Protection Society, but the objection was not allowed. My. C. F. Firth was elected Chairman. The Registrar is now reading the indictment.

Mr. Hesketh opened the case for the plaintiff. In doing so he referred to the rights of defendants giving evidence under the plea of not guilty, which had been put in. He maintained that they could not go into the question of character, but . must confine themselves to showing that a libel was not published, or not published maliciously. He spoke of the liberty of the press, and said that liberty had been protected and recognised for years past, but when journals descended to malice or licentiousness they must be checked. He contended that the remarks on Mr. Fraser went altogether beyond fair comment. ';'• \

Mr. Macdonald, the first witness called, proved Mr. Fraser's remarks on Manning's case; also, that he was not in the ;Kabit of dealing lightly with specimen stealers; on the contrary, in one caie he had imposed a greater penalty than the law allowed.

Questions were asked by defendants' counsel relative to the meeting of Mr. Fraser's friends held afterwards, but was ruled inadmissible.

The case will probably not ''conclude today. . The Court adjourned at one o'clock for half an hour. On reassembling onejuryman was absent, and returned at quarter to two. Captain Fraser was the ; next witness examined. He deposed that he presided in. April last in the Court when the charge was brought against Manning for a breach of the Quartz Crushing Regulations and Inspection Act. Manning was represented^ by counsel. He (Fraser) adjudicated and found Manning guilty, and inflicted the full penalty allowed by law. He made some remarks on the getting up of., the case against accused. (Witness gave an account of the words). The police were present. He had seen issues of the Auckland Star containing the libellous matter: complained |of. Those produced were the papers. 'The last referred to an article which appeared in the Thames Star. Witness never wrote nor inspired that article. He did not know who wrote that article until the writer told him. The writer was here to admit the authorship. His motive for making the, remark in Manning's ; case was that, the police were not justified in procuring commission of crime to secure convictions for similar offences. The Court;was crowded that day. Witness in commenting on the police remarked that there was no palliation in Manning's crime—that he had no ill-feeling against defendants. He looked upon one asapersonalfriend ; the other, as the man that paid him. (Witness) his salary. Cross-examined by Mr. McPonnickrThe reason he did not direct a prosecution against Cash for refusing information was because the machine owner was about to undergo the penalty of his

crime. The opinions Expressed on the conduct of tho police were witness' opinions still. Tho Court was well filled. There might have been specimen stcalers present. It was not the first case heard. The Bank of New Zealand had been convicted and fined under the same Act for delaying to make entries. After the articles appeared in the Star he made it his business to read the opinions in all the papers. He found one action enough at a time. He had taken no proceedings against any other paper. He did not know what might yet be done. (Applause while making thesa remarks, which was instantly suppressed.) He had been at Hikutaia some time before. Numbers of miners went up. He knew them all. . ,

Captain Fraser was further crossexamined. He said three leaves containing notes taken by him in Manning's case had been extracted from his note-book. He could* not produce them. He believed the notes were in the possession of defendants.

(Mr. Sees here boiled up). Captain Fraser repeated his belief on examination, and said he had authorised no one to take them (the notes). Only the Clerk of the Court and tnVpoliKfe had access to them.

Hopcraft's examination was very short, He merely stated that Fraser neither wrote nor inspired the articles which ap* peared in the Thames Star.

Not cross-examined. Mr. Workman is nor called. "Wellington, This day. Governor Fergusson will, if he can, arrange to visit Adelaide on his way to Europe. Marquis Normariby is expected to arrive here a few days after Sir James Fergu»son purposes to leave, namely, 26th or27th. ,:..■., , ■ . •>■ r The weights for the Wellington Cup are —Tambourine, 9st. 61b.; Templeton, Bst. 41b.; Lochinvar, Bst.; Traitor, Bst.; Batter, 7st. 121b.; Premier, 7st. 91b.; Plat Catcher, 7st. 61b.; Wainui, 7st.; Guy Fawkes, 7st.; Hercules, 6st. 121b.; Koro, 6st. 121b.; Kangi, sst. 121b.; Toi, 6st. 121b.; Voltaire, 6st. 101b. '; Port Chalmees, This day. ; The Southern Cross, from Hobart Town, brings news that Lurline is advancing in favor for the Melbourne Cup.