Untitled

Wairarapa Age, Volume XXXII, Issue 10719, 28 September 1912, Page 7

coat was a frock coat. He did nob know that people called him l>u Anglican bishop. S1 i;> dross was iiko that of an Anglican bishop, bv,fc the Anglicans did net taunt him with it. Ho and Anaru wero the only two port's at tlio Christmas m-oothi'r who wore bishop's clothing. />) tho'print- ?<* programme of the Christmas meeting, it was stated that, tho service ■would be a united -service of all the I Churches, under tho control of the secretary of tho meeting, who would Idiiect tho order of the proceedings. Fie prepared the programme hrr.self, as the chief, and sent out invitations to tho mini stars of the various Churches. Ho sent an invitation to the minister of the Anglican Church, amongst others. These were two advertisements in the programme. Witness did not give the advertisements (one of which referred to sittings cf eggs) nor did ho get paid for them. He did not pay for the programme. Wit.iiO'Ss in tho habit of going to race meetings. If ho went to a race meeting with a red ooat and a top hat, he would object to being offensively referred to a,s tho clerk of the course, if he had been appointed tho clerk. Witness wore a diamond in his tooth, but it had been there ten years before the meeting. "Witness had been ] appointed la Bishop of his dhuroh. He admitted having being suspended in connection with the running of a horse named Rockwood, but this was two years before ho became a bishop. Ho complained at the Article published in "Wharc Ku,ra," because he was head of the Church. When wit- ? ness invited Father .Do Latxh to dininer, the latter refused',, because if was too late 'in the day. Re-examined: Witness was reg-

istered a minister of his church under tho Marriage Act. Wainohuki Huki deposed to being native chief and a member of th< Church—The Seven Rules of Jehovah. He was present at the meeting last Christmas, and saw the Bishop and other members of the church holding the meeting. Tho garments worn by plaintiff were tiie clothes prescribed by tlie rules of the church for such occasions. At the present time plaintiff was head bishop. He heard the service read out at the meeting, which was attended by 50Q hundred natives. He was of the opinion that, the article complained, of referred to the

plaintiff «nd. another native A nil lit. Asked what he thought the article 'meant, witaiQss said that 3ie-consider-ed it was meant as an insist and disputed plaintiff's standing. [ Cvccs-examined by Mr Blair witness said that he thought the article refer- | red to plaintiff and Te Anaru, because there was no one else there wearing garments resembling an Anglican bishop. The gathering lasted about a week. Services were held both inside and outside tho churches. John Robert Cole, Masterton, licensed native, interpreter, holding first grade certificate, deposed to boii: f y present at the gathering in question and witnessing various services. Did not see plaintiff taking part in any service. Know that he .held high position in the Church"' of Jehovah, was in fact a bishop. According to witness's conception of the Maori language the translation of the article complained of Avas a true translation. The meaning of the article, which he considered applied tc plaintiff, wonk' be taken by a Maori to imply au insult, and that plaintiff was aspiring to a position which ho was nbt entitled to.

..Cross-examined by Mr Blair, witness said that he had been licensed for a few months, and explained tho meaning of several words used in the -amok'. The word porari he considered to mean disease or irritation of tho skin.

He considered that translation of the article was a very fair translation. This concluded tho ease for the plaintiff.

Counsel for the defendant applied for a nonsuit on the ground that if tbcro was no one wearing the garment of an Anglican bishop, there was no one to whom the libel applied, and the • remainder <of tlie - article complained of was merely comment. His Honor refused to nonsuit. Francis DoLach, Catholi<\pvießt, deposed that he was mostly "engaged amongst the Maoris, and was the editor of the publication Whare Kura, Was present. at the gathering at Te Ore Ore last December, where he saw Anaru wearing a top hat and a beantibul long coat, a clerical collar, aim •breeches and gaiters. The gaiters were fastened by buttons. Mr Blair: "How would you describe Anaru's garb?" Witness: "I thought that he was dressed as an Anglican bishop." Witness continuing said* that plaintiff at one time was a member of his church. Plaintiff asked liiin to <j;o to the South Island to marry. Jiim, but someone objected and -he did not do so.' -There was not the- slightest illfeeling between witness and plaintiff. First lieard of the programme for the. meeting a few days before. He was not consulted at all in reference to the Catholic members of the church. Mr Blair: "Why did you >hink it necessary to publish the article complained of." Witness: "J thought it necessary to make some comment on the meeting in order to avoid misunderstanding in the future." He agreed that the translation of the article in question was a fair one, He had never heard the'word pbrario applied to a disease. Hawea deposed to being a native j chief in his own domain, living between Mangatainoka and Pahiatua. Had seen plaintiff in cleavical dress on two occasions. He ihad • heard of him being called bishop, and lie thought the dress was that of a bishop of the Church of the Seventh Rule. This concluded the evidence for the defence. His Honor, in summing up, said that the case for the jury was not concerned with the first two paragraphs of the article complainod of, but they had to decide in regard to the two concluding paragraphs. Tlio jury, after a retirement of twen-ty-five minutes, returned a verdict of i £o for plaintiff, and judgment was) entered accordingly, with costs en tb.e iowesi gcale, i