CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 401

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The Acting Attorney General then addressed the Court and Jury, shortly recapitulating the heads of the informa- tion. The defendant was charged with a libel against the Government under the 6th and 7th of Victoria, Cap.

69.

Attorney General. The defendant has admitted the publication of the words charged as libellous, and pleads justification. It will be for you to prove the material in- ducements.

was that of being in partnership with Ma-chow Wong. Ug4 that charge the report of the commission runs as follow That a partnership with Ma-chow Wong in a Lorch is proved, and in fact admitted by Mr Caldwell, but that there is no evidence as to payments to Mr Caldwell out the produce of plunder made at sea."

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ecomposing, printing and publishing of the same alleged Colony by the hands of certain persons unto the said de- bel,

to wit on the 26th day of January, in the 21st year fendant unknown, then having the custody or possession f the said Queen, one William Thomas Bridges, did, by of the said papers and records respectively, and did thereby connivance with Sir John Bowring, in the said Information defeat, avoid and make impossible whatsoever enquiry the f

mentioned, unlawfully, contemptuously and against the said Queen or Her said Government might and otherwise declaration of the said Queen and of the Govern- would have directed to be made into the truth or falsehood Attorney General. My learned friend proposes to calf the Government of the said Colony, and the powers, contents of the said papers and records respectively, to ment of the Queen, accroach, assume and usurp unto him- of the said charges and accusations and the nature and

wit in the said Colony, and the said W. T. Bridges did,

press

two witnesses only, Dr Bridges and Mr Mongan. I wish

uthorities, and duties thereof within the same, and in to know whether he intends to prove by them the veri articular, authority to bind the obedience of the several thereupon, to wit, in or about the month of June in the of that report; if so, to what extent does he mean to takepartments of and subordinate to the said Government said twenty-first year of the said Queen publicly, to wit in that report as evidence?

Acting Attorney General. I consider the report a

the said Colony, and to require, command and compel the said Colony, avow and acknowledge his having so caus- sufficiently proved by its publication in the Governmend render obedience to all instructions given by him the as aforesaid; wherefore the said defendant, at the said time he several officers thereof, in all cases to consider, respected the said papers and records to be burned and destroyed

Gazette.

Acting Attorney General. The libellous words imply subornation of perjury. The Government is charged with having, for a certain purpose, perpetrated a contemptible damnable trick. The defendant's plea is faulty, and could have been thrown out had not the Government de- sired the fullest enquiry-I have not demurred to the plea--but the question still exists-Does that plea justify the libel? It is no answer for the defendant to allege the truth of the matters charged.

Court. I understood it to have been admitted by Dr prove the verity of this document. Bridges, that the papers were destroyed.

Acting Attorney General. The matter to be enquired into remains the same. Justification of a libel on Dr Bridges does not justify a libel on the Government.

Court. That is to say-the matter to be enquired into is simply the way in which those papers came to be destroyed.

Acting Attorney General.-The government wish fo the fullest inquiry, not by a "hole and corner" committee. I consider the Government as much on their trial as the

Attorney General. I do not dispute it :-Indeed I in tend to produce the report as evidence against the Crown- but the Crown must prove its own case.

The Commis sion consisted of Mr Cleverly as chairman, Messrs Davies

Lyall, Fletcher and Scarth. One of these gentlemen runs

Court. The defendant may be left to prove it himself. Attorney General.-There were 20 or 30 witnesses examined before the Magistrate.

Of these, excepting five or six, all were called by the Crown, and yet only two are called by the Crown to-day; the absence of so many witnesses is a suspicious circumstance. The defendant will be entitled to an acquittal without the necessit of any defence whatever, on the simple ground that the Crown fails to prove the material inducements set forth in their information, to wit, that a certain graves

and place in the said information mentioned did print and publish of and concerning the said W. T. Bridges, and of his said accroached, assumed and usurped Government as aforesaid, the said alleged libel, in the said information mentioned, with intent and in order that the said W. T. Bridges and the said certain other persons unknown might be lawfully punished for their several and respective act-

said W. T. Bridges, as though the same instructions had emanated or should emanate from a Governor lawfully appointed by the said Queen, in and for the said Colony. And such his unlawful accroachments, assumptions and usurpations did, on the day and year last aforesaid, publish and notify unto the several proper officers of all the said departments respectively, for the information and guidance of them, and of all other officers of the Colonial Governings in the premises. ment, to wit the said Government of the said Queen in the said Colony, and with intent to cause and compel them respectively to submit to his said pretended authority, and to obey him the said W. T. Bridges and his said accroached assumed and usurped Government, and other his accroach ments, assumptions and usurpations aforesaid.

defendant, and it is for the Jury to decide whether this is and scandalous charge might have been proved by pretended authority and other the functions, powers and

not a false and scandalous charge, the defendant having charged the government with a contemptible and, damn- able trick, after consideration and with reference to conse- quences. The defendant alleges that somehow or other Dr Bridges was the government. Dr Bridges burned the papers, and therefore government was guilty of a damn- able trick. The papers could have established certain charges against Mr Caldwell. It appears, as I take it, from the reports published in the newspapers, that the only charge the documents could have affected, was charge 11.

Attorney General.—Am I to understand that the news- paper statement has to be put to the Jury it has not

been contradicted? --

certain documents, &c., &c. The Crown must prove that the Commission sat and made that report, and it must be proved by the evidence of the Commissioners themselves. Does the Crown mean to prove that there is no material inducement; if not, there is nothing in the indictment to prove the inuendo. If the inducement on which it is founded has not been previously proved untrue, the libel is so worded as to require inducement, the res gesta cau only be proved by the actual actores.

Court. It is very easy to call one of the Commissioners as a witness?

Acting Attorney General. Dr Bridges will serve. Charge 11 which is mentioned in the indictment as the principal charge, is as follows. "With being part- Acting Attorney General. No-that statement was ner with Ma-chow Wong in a lorcha, and that there were based on, or drawn from the report of the Commission of entries in Ma-chow Wong's books, and made by him, of enquiry in the Caldwell matter.

Attorney General.-I understood my learned friendntes paid to Mr Caldwell on account or out of the pro-

say that he was about to refer to No. 11 as being the prin- cipal charge against Mr Caldwell. I have made no such admission. The documents destroyed referred to more charges than that.

Court. Which was the principal charge ? -

Acting Attorney General.+We find that in the report of the Caldwell Commission, one particular charge is mentioned as having been affected by those papers. I shall give idence to show that the principal charge

of plunder made at sea.” There is no doubt that Ma-chow Wong papers were destroyed, and the Com mission formed their own ideas about the destruction of the documents. Which is true-the verdict of this Com- mission, or the charge contained in this article of Mr Tar have no doubt will be impartially tried. (Publication of rant's? That is the issue before you, and one which I

libel admitted.)

Call Dr Bridges. .Dr Bridges sworn.

And the said defendant further says that the said William Thomas Bridges did afterwards, to wit on the day and year last aforesaid, act in and exercise his said

authorities of his said accroached, assumed and usurped Government, and did from the day and year last afore- said for a considerable time, to wit, down to the compos- ing, printing and publishing of the said alleged libel, con- bitue so to accroach, assume and usurp as aforesaid, and so to act in and exercise the same pretended authority and other the said functions, powers and authorities as aforesaid.

And the said defendant further says that during the said continuance of the said W. T. Bridges so to accroach, assume and usurp, and so to act and exercise publishing of the said alleged libel, to wit, on or about as aforesaid, and before the composing, printing and

the month of May, in the twenty-first year of the said Queen, he the said W. T. Bridges did unlawfully, con- temptuously and against the express declaration of the said Queen, cause certain public papers and records of the said Queen of great value and importance to the peace and good order of the said Colony, and to the honor and repu tation of the said Queen and Her Government, and where by if procured and produced the truth or falsehood of certain criminal charges and accusations theretofore made and then pending before the Queen against Daniel Richard Caldwell, and which were then in the said accroached, assumed and usurped power of the said W. T. Bridges, Would appear, to be burned and destroyed, to wit in the said

And the said defendant does aver that it was for the

public benefit that the matters charged in the said alleged libel in the said information mentioned should be printed and published as aforesaid, and that the particular fact by reason whereof it was for the public benefit that the said matter so charged should be so printed and published by the said defendant as aforesaid, was and is that the said alleged libel was so printed and publish by the said defendant in order to the lawful punishment of the said

W. T. Bridges, and of the said other persons unknown,

who then and there were guilty of the lawful and con- temptuous actings aforesaid, without this that he the said defendant did at the time in the said information in that behalf alleged or ever print or publish the said alleged libel with the intents or with the meanings in the said information respectively alleged, or with any or either of the same respectively. And this the said defendant is ready to verify. Wherefore he prays Judgment of the court here, and that he may be dismissed and discharged of the premises on the information above specified.

(Signed,)

(Signed)

W. TARRANT.

T. CHISHOLM ANSTEY.

REPLICATION Regina v. Tarrant. 1,-The Acting Attorney General takes issue on the Defendant's first plea herein.

2,-And as to the Defendant's second plea herein, the Acting Attorney General says that the defendant of his own wrong, and without the cause in his said plea alleg- ed, composed and published the said Libel as in the said

information alleged. And thus the said Acting Attorney General prays may be enquired of by the country.

(Signed) FREDK. WM. GREEN,

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