CRIMINAL LIBEL.

Wairarapa Daily Times, Volume XIII, Issue 4212, 7 September 1892, Page 3

CRIMINAL LIBEL.

Sentence of 1I Haggen. [BY TELEQnAPtI— PRESS ASSOCIATION.] Wellington, Wednesday, In the Supreme Court, E. A. Haggen, proprietor of the Examiner, Woodville, was fined £SO and senteuced to two months imprisonment, also until the fine was paid, and was ordered to give a security to keep the peace for a year, himself in iIGO and one of £6O.

Later. In the libel case Mr Ed wards, for tho prosecution, objected to the admission of affidavits in mitigation of the sentence which he argued were an aggravation of tbe libel. Tho Chief Justice said if tha affidavits were true there bad been a gross miscarriage of justice, He did not say if proceedings were taken a conviction would have followed, but a prosecution should have been set on foot.

Mr Edwards argued that Haggen should have como into Court and justified tbe article. The Judge said the question was whether the defendant received reasonable information as tho basis of what he disseminated. Tbo matter was one of gnat difficulty, iwd he suggested that Haggen mny have been ill-advised while endeavouring to net himself in tbo matlor, Mr Baker, for tho accused, urged that evidence on the Jailer's behalf could have been admitted, but the Chief Justice assured Mr Baker that if he went to any town solicitor or conductor of a nowspapcr lie would find how mistaken he was, Mr Edwards insisted on his right to reply to the affidavits, His Honar ruled (hat it was not relevant, •

In passing sentence His Honor said tho present caso clearly Bhowed the necessity thcro was for treating the dissemination of a libel as njcrimiDal offence, he it tended to create a disturbance in the district. The subject of the article had been referred to in the nowspaper on subsequent occasions, and from tbe pulpit which proved a disturbance of the peace, Tho proper course for Haggen to have pursued was to havo set the law in motion, No one with common sense could believeit was thedutyofthe publicpress to take up matters of this kind, The accused wae not in tho ordinary souse, a criminal, but the sentence he intended to pass would bo deeply felt by ft man in his position,