WEST COAST TIMES. SATURDAY, AUGUST 19, 1865.

West Coast Times, Issue 33, 19 August 1865, Page 2

WEST COAST TIMES. SATURDAY, AUGUST 19, 1865.

Though the New Zealand has so for succumbed to the force of the sea that scarcely a vestige of her remains, it appears that wo have not quite done with her yet ; and though now existing only in tho fond memories of consignees and passengers, yet she is still alive, and if not absolutely kicking yet quite prepared to repel the slightest aspersion on her fair fame. We regret to be compelled again to advert to that unlucky craft, for wo feel sure that our readers are no less sick of her than we ai'e ; but like a burr, she is resolved to stick to us, and cause us more trouble than ever. Pur readers may remember that once or twice before, we have published facts wellknown to all the town, in reference to the New Zealand, and we are proud to say that they havo been acknowledged as just and true by the public generally. We havo now another phaso to report of the affair, as the following communication received by us on Thursday, will show : — Hokitika, August 17, 1805. Gt. F. T-iylor, Esq., Dear Sir,— I am instructed by Captain Anderson, lato mastor of the steamship " New Zealand," to apply to you for nn immediate, amplo and public retraction of tho enclosed paragraph which appears in the Wrst Coast Tijirs of this day's dato, and also an apology for tho insertion of tlio name ; and I am to inform you that unless tho said retraction and apology np pear in tho next issue of tho said newspaper, an action for damages will bo commenced against you without further notice or delay. I I'Oinain, Dear Sir, "taurs faithfully, O. W. OAKEB. The enclosure consists of tho following paragraph, which appeared in our local column of last issue :—: — Tho trial of William Dwyor, late second engineer of the unfortunate steamer New Zealand, has brought to light many facts in connection with tho discipline on board that vessel sufficient to provo that scenca wero enacted and taken part in by those from whose position on board we should certainly have expected a greater amount of discretion, lhoir conduct was moro immoral and disgraceful than it has ever been our lot to hear or read of boforo on board any vessel. Wo aro sure that tho reputation of ovory officer on board will suffer materially in the estimation of overy respectable man, and wo only regret that decency will not allow us to publish tho evidence given in full.

What wo lnive to say in reference to this subject is soon stated. We aro aware of the dangers run by members of the Press when they take up a question that is likely to compromise the character of a man — no matter how widely the said question may be canvassed by tho public, and however true the journalist's allegations may be, and the said question deserving of censure — Tho ace of spades you say's an ace, An i you can name a spado a spade, But if you ca'l a knavo a knave By law of libel you are flayed. The law of libel, as Judge Richmond lately remarked, in a similar case tried in Dunedin, is so loose as to render the position of a journalist one of no ordinary difficulty if he desire to perform his duties to the public conscientiously ; but tho absurd axiom of "the greater the truth, the greater the libel " has happily exploded, and justification may bo fairly pleaded. Leaving out the private statements of tho passengers, tho majority of whom are fortunately wellknown, and the private statements of Dwyer the engineer, and Forsaith, the fireman, which they are ready to substantiate on oath, if need be, we will confine ourselves to what was sworn to on Saturday, 12th instant, at tho Police Court, on the occasion of the trial for assault, as follows, and to the truth of which abundant evidence can be cited : —

William Dwyer being sworn stated that on going into tho captain's cabin ho asked for Mary Ann ; that the captain was leaning over the sofa with Mary Ann besido him ; that he jumped up on he (prisoner) eutering, and was very angry at his (prisoner's) intrusion.

Captain Anderson stated on oath that owing to there not being sufficient accommodation for the fouialcson board, they occupied all thoofticers' cabins; that on going to prisoner's berth ho saw two women going in, or were in at the time ho (Captain Anderson) expostulated with prisoner, and through that arose tho assault.

Mr Oakes, in his defence for tho prisoner, remarked on tho loose manner in which Captain Anderson conducted the vessel, especially with roforence to females occupying tho berths of tho officers, (using this remark) " who over heard of females occupying officers' berths on board an English vessel." The whole affair in fact arose from a quarrel about tho two females in question.

Mr. Oakes, it will be seen, was then acting ngains>t the captain, though — "changing his side, as a lawyer knows how," he is now engaged on behalf of the captain, find threatens with the terrors of the law anyone writing what ho himself uttered plainly enough in tho court. With regard to tho officers, other than Captain Anderson, we aro willing to retract our statements without any request even being made — for we find our reporter was in error, which error can very readily be excused by anyone knowing the difficulties of reporting in the Hokitika Police .Court, and the disgraceful indifference of the gentlemen on tho bench to tho commonest requirements of the press. And with regard to Captain Anderson himself, with tho sworn testimony of Dwyer before us, and bearing in mind the statements mnclo by others on board, we are also willing, and do hereby offer, an " immediate, ample, and public retraction and apology" to him, for we feel perfectly sure wo were in error when we stated that his reputation could suffer in the estimation of any respectable man who might trouble himself to read the above abstract of tho evidence, or who may enjoy tho acquaintance of any one of tho gentlemen passengers on board tho New Zealand.