RESIDENT MAGISTRATE'S COURT DUNEDIN.

Tuapeka Times, Volume III, Issue 164, 30 March 1871, Page 6

RESIDENT MAGISTRATE'S COURT DUNEDIN.

Tuesday, March 21

( Condensed from the "Daily Times")

(Before A. Chetham Strode, Esq., E.M ) BEGIN A V. M'LEOD. The adjourned case of Regina (on the information of Henry Driver) v. Alexander M'Leod, for publishing a certain libellous placard, was proceeded with.

The hearing of evidence for the prosecution was resumed as follows :—: —

Henry Driver, sworn, said : I am prosecutor in this case. I have seen posted up m Dunedin the placard produced in ( ourt the other day. I know the purport of the memo, handed to me. It purports to be a letter addressed by me to Mr. Treweek. I have read it through. I never wrote a letter in those terms to Mr. Treweek. There never was an original of such a letter. I distinctly swear that I never on any occasion bribed Mr. Macancli ew, or lenfc liiui money, or the equivalent of money. I had never had any money dealings with him of any sort or nature.

Cross-examined : I was the lessee of Bellamy Station, but whether as mortgagee or directly, I cannot say. I recollect entering into a covenant to give up land for agricultural purposes 011 that run. That wms during the time Treweek was in occupation of the run. T did so as his jtgaat. The station afterwards passed into ray late partner's hands. Our firm sold Bellamy Station in the usual way of business to Mr. John M'Lean, with "the consent in writing of Mr. Treweek. Treweek did not bring an action against our ijnn with the view of insetting the sM| r During the time Treweek was in pos^» sion of the station we earned on a correspondence. Those three letters handed to me I believe to be in Tre week's handwriting. 1 bulieva this letter handed to me to be in my own handwriting. T cannot remember producing certain letters from Troweek to myself in the Supreme Court in the case of Henningham against Driver. T have no doubt I received tho3e letters produced from Treweek. (Letters read.) In my answer of 19th November to Treweek I meant by the words "going on at the head," to mean he did not know what was being done in Dunedin for the settlement of those disagreements of his with people on the run. I understand the words " the lot " to mean the people settled on the run. By the word " the Government and I fully understand each other," I meant the Provincial Governmnt, of which Mr. Macandrew was Superintendent ; Mr. Yogol, Treasurer ; and Mr. Duncan, Secretary of Public Works. It was understood that a member of the Government was to go up to the station, and settle the differences between Treweek and the people on tlie run. I understood the words " there is no fear of their getting any of the run," to mean that the Government were aware these men squatting on the run had no right of occupation. I can't say which member of the Government gave me to understand that. I have no recollection that I had any conversation with Mr. Macandrew on this subject before he went up to Tuapeka. I distinctly swear that I made no arrangement with Mr. Macandrew as to what was to be done with the people on the run. The only arrangement made with anybody was that no cattle were to be impounded, or anything done till Mr. Macandrew went up to Tuapeka. I swear that by the word '• head " I did not mean Macandrew. 3 r r. Macandrew and I went up in a buggy hired by the Provincial Government. I say distinctly all those transactions were fair and above board, with no occasion for secrecy. By the words "Mind you do not by any chance say a word of what I am writing you, for it would upset the whole affair and break faith with Macanurew," I meant to impress upon Treweek the absolute neccessity for having no communication with any of the parties interested. As to the words "you will see that we will learn Mackinnon and his wife a thing or two," by "we" I meant Treeweek and myself and not Macandrew and myself. I meant by the words "as for old Croker, his time is short," that from reports I had heard, Croker was to be removed or dismissed. By the words "if nothing else can be done, we will sue him on those bills you hold, which send down to me properly endorsed by you by return of post," I meant that, knowing Treweek had bills* of i -roker's, upon which he had repeatedly, urged that Croker should be sued, I asked him to send them down for that purpose, more to keep Treweek quiet than to take any action upon them. By tho word "•we," I meant Treweek and our firm. We did ultimately succeed in getting re-^ moved off the run all the parties we d^fl sired to remove except two. There were^ but three people altogether. Some months afterwards Major Croker was discharged from the Government service.

At this stage," the case was adjourned to Tuesday.