"REFLECTIONS ON ELECTIONS."
Mr U. Brassey takes proceedings fox Libel. An Apology or £500—(How Modest). The Star declines both.
Once more the Star is threatened. For the fifth or sixth time .during its existence has recourse been had to " counsel 1' regarding something appearing in these columns, and as often has counsel pronounced ' the matter to be' libellous. Beyond a demand for retractation and apology, however, proceedings have not gone. The latest suit has taken the usual form, and the demand is such a ! " modest" one that we take this nnusual coarse of exposing it. The matter complained if as libellous was published on the 30th November—third paragraph of a column or so of gossip headed "Reflections on Elections," which we would reprint but fora pressure on our space. For the present we will do no more than give readers the benefit of the correspondence that has passed, which represents the state of this cause celebre up to date :— THE DBMAND. ' Vulcan Lane, Auckland, December 5,1878.
Mr W. McCullough Sir,—l am instructed by Mr N. Bras* sey, of Grahamstown, solicitor, to draw your attention to an article headed " Beflections on Elections " appearing in the Evening Star of Nov. 30th, printed and published by you, and to inform you that he has taken the opinion oi counsel on the matter, and is advised that the third paragraph of the said article is libellous. Already Mr Brassey has suffered in his reputation and business by reason of the publication of the said paragraph. Under these circumstances, he instructs me to insist upon a retractation of the said para* graph, and an apology for having written , and published the same, such apology to be in such terms as may be satisfactory, to Mr Brassey, and published at least j twice in the said Evening Star newspaper I at your expense. Unless you do so | retract and apologise, and pay the costs incurred by Mr Brassey in relation to the said libel, namely, the sum of £3 3s, within three days from the receipt of this, my instructions are peremptory to issue a writ of summons out of the Supreme Court against you for publishing the said libel, claiming £500 damages. Trusting you will pay immediate attention to, the above, and comply with the requests herein made—l subscribe myself, your obedient servant, E. K. Tyleb, Solicitor.
THE BBPLT. Thames, Dee. 9,1878. E. K. Tyler, Esq. Solicitor, Ac, Auckland, Dear Sir, —Mr Wm. McCullough has handed us your letter to him of the sth inst., in reference to a paragraph published 1 in his news paper—the Evening Star—of, the 30th inst, and which your client, Mr Brassey, accepts as referring to him: In replying, Mr McCullough desires us to say that whilst regretting that Mr Brassey, should have " already suffered in his reputation and business by reasoß of the said paragraph," he is advised that the, matter referred to is not a libel upon your client, and Mr McCullough therefore declines to accede to your request to retract j or apologise. We are instructed to accept service of. any process you may think proper to issue against Mr McCullough. —Yours truly, MaCDONALD & MILLEB.
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Thames Star, Volume IX, Issue 3063, 9 December 1878, Page 2
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528"REFLECTIONS ON ELECTIONS." Thames Star, Volume IX, Issue 3063, 9 December 1878, Page 2
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