CO129-132 - Sir MacDonnell - 1868 [8-9] — Page 295

16

2927

Had the Govemar sanctioned the

the brown would have been,

procedings

no one

as much at least ry, us

will surely teny.

compromised as at present (Thope directly

to phew that the brown is not compromised at all) or had I been directed to abstain an Internation Iunhesitatingly hom filing

say that I think the Pertuguese Authorities

would have had much cause of Complaint against this Government.

I confifo

11.. As matters stand at present however how is the larown compromised? Tumfifo I connet beer. The Attorney General before the Supreme Court and, in the only

in which he

way in

case

belove the

can

bring a

comes

Criminal

cognizance of that tribunal.

lacie

alleges that what trima bere appears to be

libellous is

consideration

proper

to be submitted to the of a jury, leaving it open to

the defendant to plead not quilty, and a

second plea, wherein the truth of the matters charged may be enquired into

it

if

under

was for the public benefit that the said matters changed should be published, section b of 647 Vict. c. 46, which has been the law in this Colony since the

1854.

year

could

Upon such a record the funy have found a general verdict under Mo?

Fox's Act and could in addition have

found the truth of the matters charged,

that it was

and

for the public benefit that the matters charged should have been published. If these two latter prepositions had ban