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    1. Western Post, April 1861 - Hutchinson, Howarth, Brodribb, Clarke, James, Barker, Porter, Ranwell
    2. Annette Piper
    3. From Western Post, 24 April 1861: W B HUTCHINSON (editor and proprietor of the Mudgee Newspaper) was charged with publishing a gross and malicious libel against Mr W HOWARTH, editor of the Western Post. Mr BRODRIBB and Mr CLARKE (for TEMPLETON) appeared for complainant. Mr JAMES for defendant. Mr HOWARTH having been sworn, said that he was editor of the Western Post. On Saturday, April 20, he received a copy of the Mudgee Newspaper, the leader of which contained the libel he complained of, viz., that he was a blackguard, and further that "we were never found on the diggings in company with noted thieves as mates, and apprehended and dragged before the commissioner for having stolen property in our possession". He (Mr HOWARTH) had no doubt that they words referred to himself, and that they were calculated to do him serious injury. Mr JAMES cross-examined Mr HOWARTH at considerable length as to his reason for supposing that the leader referred to himself. W H BARKER proved having purchased a copy of the! paper, and Mr PORTER that Mr HUCHINSON was both proprietor and publisher. Mr JAMES addressed the Bench at considerable length, contending that it was impossible for any one to believe that the article in question could refer to complainant, and that if could not by any means hurt him, as people in Mudgee would not believe it. The Bench was unanimous in committing defendant, who was admitted to bail. W RANWELL, publisher of the Western Post, was charged with having inserted a leader in that paper containing the following paragraph:- "Our contemporary, in the warmth of his gratitude for the satisfactory state of his paper, promises wonderful things when the telegraph line is completed. Why does he not do the possible now? What has become of his Sydney correspondent? Wherefore this oracle become silent? We know: the public can probably guess. With regard to telegraphic dispatches, does our sagacious contemporary imagine that he alone will favour the public? Did it never occur to him it was possible the same means of communication might be used by others? We never boast or promise more than we are able to perform, but we shall always be able to keep ahead of our contemporary I the way of news and yet be in no danger, we hope, of walking through the Insolvent Court, and then through the town without our certificate. Our subscribers may ever depend upon us always doing what is possible and getting what is procurable. Our Sydney correspondent continues faithful to us, short reckoning making long fri! ends". The latter part of which was said to be a reflection upon William B HUTCHINSON, proprietor of the Mudgee Newspaper. Mr JAMES appeared for Mr HUTCHINSON, Mr BRODRIBB for Mr RANWELL. R PORTER having been sworn, said he was at present a farmer , had formerly been connected with the Mudgee Newspaper; had lately resided at the office; he produced a copy of the Western Post dated April 17th, which had been left on the morning of its publication at the Mudgee Newspaper. He believed that the paragraph "We never boast or promise more than we are able to perform" &c., referred to his father in law, Mr HUTCHINSON, from the fact that he (Mr HUTCHINSON) had been insolvent, and that he was proprietor of the Mudgee Newspaper. Mr HUTCHINSON was insolvent two years ago, which was about twelve months before he became proprietor of the paper. Mr HUTCHINSON's means of living he thought were limited; he depended on the proceeds of the paper. Believed that he was not possessed of any landed estates. Cross-examined by Mr BRODRIBB: Mr HUTCHINSON got his certificate almost directly after he filed his schedule. It was not generally known that he had obtained it. He (Mr PORTER) had an interest in the welfare of Mr HUTCHINSON. The publication of the Western Post had increased the circulation of the Mudgee Newspaper. W B HUTCHINSON said that the words in the information referred to him, because, previous to his becoming proprietor of the paper, he was insolvent, and that it was not generally known that he had received his certificate. Believed that the sentence commencing "Our Sydney correspondent," &c., inferred that he was not in the habit of paying his Sydney correspondent, which he had more than done, having made that gentleman a present for his services. Upon being asked for the name of the gentleman, Mr HUTCHINSON declined to answer the question as it would do him a serious injury, he having no doubt that the Western Post would be very glad to obtain the information. Mr BRODRIBB for the defence, argued that the writer of the article knew nothing of Mr. HUTCHINSON's insolvency; that the words in question referred solely to the prudent course the managers of the Western Post had determined to pursue respecting the financial conduct of their paper. The Bench decided to send the case to a jury. Bail allowed. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.

    09/14/2002 03:52:12