Page:ChroniclesofEarlyMelbournevol.1.pdf/418

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378
THE CHRONICLES OF EARLY MELBOURNE.

were formally read on Sunday last at St. Peter's Church, Mr. Councillor M o o r officiating as Chancellor. T h e ceremony of installation is now complete, and the Bishop of Melbourne m a y be considered as fully in possession of his Bishopric. W e confess ourselves a little surprised at bis Lordship's choice of a Chancellor for his Diocese. With our view of Bishop Perry's character, vve would quite as soon have expected to hear of Mr. M o o r receiving a similar appointment under Mr. Geoghegan when he gets his expected mitre; and sure w e are that he was better fitted for a Father Confessor for the Eagle, or Mother Scotts establishment, than to hold office in a Christian Church." Proof of the proprietorship and publication of the paper was presented, and several witnesses called to depose to the effect of the innuendoes complained of, and the imputations conveyed by the libel, viz, " that such yvas the immorality of the defendant as tofithim moreforan office-holder in houses of infamy, to yvit, the Eagle, and Mother Scott's, than in the church of a Christian denomination." A paragraph which appeared in a subsequent number of the Argus, yvas put in in aggravation. Several nonsuit points were raised, but the Judge decided to send the case to the jury, and after Counsel had been heard for the defence, it yvas proposed to examine the Chief-Constable, against which it was contended that the plea of justification precluded the adoption of such a course. T h e Court ruled that only evidence as to general repute and character was admissible, as no specific instances had been set out in the record. T h e Judge s u m m e d up, the jury retired, and after an absence of some length it yvas announced that they could not agree to a verdict. They were finally despatched, under the charge of bailiffs, to the Prince of Wales Hotel, in Little Flinders Street, yvhere they remained in conclave until midnight, whence they were escorted to the Judge's residence in East Collins Street, and received by His Honor when the foreman intimated that they were unanimous in finding for the plaintiff, but differed as to the amount of damages. Ten had agreed to £ 2 5 0 , and a three-fourths verdict for that s u m was received and the jury discharged. The Right R e v Dr. Perry yvho had been subpoenaed as a witness for the defence, was in Court all the time of the trial, but yvas not called. A motion yvas subsequently m a d e to set aside the verdict upon various technical grounds. Judgment was reserved, but ultimately given for discharge of the rule nisi, and the verdict was alloyved to stand. The matter was fought out to the last, and even after the issue of execution it was sought to annul the writ by various pretexts, all of yvhich failed. T h e judgment was in the end satisfied, and it yvas said that Mr. Moor presented the net proceeds to the building fund of St. James's Schoolhouse. In correction of a historical mistake it m a y be stated as a fact that Mr. Henry Moor was never Chancellor of the Church of England. H e was thefirstRegistrar; and the Chancellorship was in the first instance conferred upon the once yvell-knoyvn and m u c h esteemed, Mr. C. J. Griffith. OFFERING A BRIBE TO A CROWN PROSECUTOR.—15TH MARCH, 1848.

Michael Ryan pleaded " Not Guilty " to an indictment charging him with having on the 7th March, delivered a letter containing a £ 5 note to James Croke, Esq, H e r Majesty's Crown Prosecutor, that the latter might use his influence with the Licensing Magistrates of Melbourne to obtain a publican's license for Ryan, " to the disgrace of the said James Croke, the evil example of others," etc, etc. T h e information further alleged that the defendant did present a petition for a license to the Licensing Bench; and further, "that the said James Croke yvas the duly authorised officer to prosecute all crimes, offences, and misdemeanours," etc, etc. Mr. Barry conducted the prosecution, and the defendant yvas not represented by Counsel. O n the day referred to Mr. Croke received a letter containing a £ 5 note, intimating that the writer having a friend willing to advance some cash to enable him to start in business, he wished Mr. Croke to put in a good word for him, in the way towards getting him a publican's license. There was not a word in the letter about the valuable " flimsy." T h e m o m e n t he had finished reading, Croke rushed to the kitchen, where his correspondent yvas waiting an answer; and the latter, seeing fire and fury glaring from the eyes of the irate old lawyer, murmured out in piteous tones, "Oh, pray sir, do forgive m e ! I did not know I was offering you an insult. Oh, Mr. Croke, for God's sake remember I have a large family, and you will ruin the whole of us if you take any steps against m e 1" Croke was in such a rage as to be unable to speak,