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Paob Summons and Declaration 1 Appearance and Fleas <> Minutes of Trial i 61 Mr. Justice McDonald's Charge 13 Memo, of Verdict ^ 14 Exhibit marked H. McD. 1, a newspaper purporting to be the "Morning Herald" 14 " " 2. Notice to Produce from Plaintiff. . 15 Affidavit of service of do. ....... . 16 ti 11 3. A newspaper purporting to be the " Morning Herald " 16 .11 11 5. Memorial from Plaintiff to Gov- ernment ... 16 11 II 6. A newspaper purporting to be the "Morning Her«ld" 17 11 I) 7. Notice of Action 17 Memo, of service of do 18 M II 8. Notice to produce from Plaintiff. . 18 Affidavit of service of do 19 Rule Nisi for Appeal 19 Hsrald Pilntingr and Publishing Company, 68 & eo QranviUe St. A\ / : / // X- I : s ( \ ^ h s » ( SUMMONS AND DECJLAKATION. HALIFAX, SS. Victoria, by tlu- nrnci' of (Jot), of the United Kiwjdom of Gmit Britain and Ireland, [L.S.] Queen, Defmuh'r o/ , ' • Faifk, d;c., d-c. To ilie Sherifof the County of Halifix, or to any other of our Sheriffs. Wc command you to siimmon tlio " Moininj,' Ht-raM Printing; fvnvhen his par.,y .. came in power. He po.s.sessed not on.- solitary .lualification for the office, further than that he ..wa-sarenegadefromourparty, an.l, like all renegades, was unusu,-lly bitter, violent, an.l un- .. scrupulous.^ His selection caused no little surprise at tl e time, but ceased to be .so, when it .. became known what manner of n>en he was re.piire.l to .-rve, an.l the kin.l of services that .. Messr-s. Annand an.l Vail ve.iuired of him. For eleven years the Provincial Secretary's .)ffice has .. been a sink of ini.piity wliere public robbery ran riot, and where po"^,ical villainy of almo-,t .. everv species was concocted an.l perpetrated. In all this Mr. Crosskill ms a willing an.l active .. participator. The Messrs. Annan.l may perhaps be. excuse I for bemoaning him, for he was a .. man of their own heart, both in his public and private life, and many a time has he no doubt .. served their purposes. Out of his office Mr. Crosskill was a lou.l-mouthe.l ami violent parti^;an, .. ridiculing Hon. Mr. Holmes ami his coll.-agues in the coarsest Billingsgate. To suppose that such ..a man (intaning th.' plaintiff) coul.l be retaine.l by any body of gentlemen in a confi.lential .. position, is really astounding; the G.jvernment might as well think of having the edit..>r of ..ur ..contemporary hims.'lf as their eonti.l.-ntial clerk, as have such a man in the office of D.-puty iJO 100 110 120 iHPHIi "Pr " sii " an " nil "til " \Vl " sti " i) ;•- " fin " lu; apii Alsf to a cert lislK yc.iii of I toi'ii lis I'l "of "titl "cnj "iitfl ",sol< "as ...Ml ..tlii "pm "po^ ..oui ..ua' ..iiic ..liii: ..nil "tra ..|11!1 'I'" ..Ml ..Ira '.be now "del "t'H " Provincial Secrofary. The pretence that the late <|overnincnt never dismissed men for political " n-nsi.iiH is iit^.Tly iintrti... What wrro M-ssis. Kiiinoiu and Purdy of Ainhyrst di.sini.ssed fo.-, but " simply lliat thuy lofus.-d U) vote for Mr. Aiinaiid :" Why was Mr. Rowley of Yariiioiith di,smi.s.se(l, 130 " and why were Messrs. Cit-orgeand Paisous disinis-sed, anvernment did the s.i,ine thing. Take "the case of Mr. Charles Almon.for instarice, who after having held office of Surveyor of Shipping "for this port for six \ears, was dismissed without cause a few weeks after tiie change of govern- ' ment in 1874. There was no talk about Ameiicanizing our institutions then. In all of these "cases the officers dismissed were honest and faithful, elements that ai-e certainly lacking in the IJSQ "case of Mr. Herbert Crosskill. If that person's name is to be placed on the roll of martyrs, it "must be in the .same list with that of the chief baktr whom Pha;oah hung," meaning thereby that the plaintiff, as such Deputy Provincial Secretary was a public robber, antl was dishonest, be- sides teing guilty of every species of villainy, and actively participating therein. And he claims ten thousand dollars dam.age.'). Issued this 27th day of March, A. D. 1879. Robert Motion, Attorney of Plaintiff. (SgJ.) M. I. WILKINS, Proth'y. APPEARANCE AND PLEAS. HALIFAX, SS. IN THE SUPREME COURT, 1879. Herbeht Crosskill, Plaintiff. 190 v.s. The Mornino Hlk.vld Printing and PLmLisHiNa Company, Defendants. I appear for the above named defcmdant ROBT SEDGEWICK, Defendant's Attorvei/. HALIFAX, SS. IN THE SUPREME COURT, 1879. Herheut Cros,skili,, Plaintiff v.s. I HE MouNiNo Herald Prixtino axo Publishing Company, Defendant. I. The (lefenilants, by Robert Sedgwick, thuir attorney, first suggesting that the .several 200 counts of the piiiintitl's declaration are substantially for the .same eau.se of action, for a Hi-st plea to the plaintirt's declaration say, that they did not print or publish the said alleged defamatory matter. is»**f!s*d?' ■. ■atmiimaai^mtim^* i ' m- ^^^^^H HfBBSpBBP 6 2. And for a second plea to the .said declaration, the defendants say that they did not falsely or maliciously print or publish the said alleged defamatory matter. 3. And for a third plea to the said declaration, the defendants say that shortly before the publication of the said alleged defamatory matter, and for several years previous thereto, the plaintiff had been Deputy Provincial Secretary for the Province of Nova Scotia, and, upon being dismissed from sucli oiiice by the Government of Nova Scotia, liad publicly charged such Govern- ment with malfecosancc and injustice by reason thereof, and had caused a newspaper in the City of Halifax to lijld him (the plaintiff) up as a public martyr, and the defendants, in answer to such charges and complaint, wrote and published the words in the said declaration complained of as part of an article in the Morning Herald newspaper, and such words were a fair and bona fide comment on tii'j conduct of the plaintiff in such public capacity as aforesaid, and were published without any malice on the part of the defendant. ROB'T SEDGEWICK, Defendant's Attorney. 210 MINUTES OF TRIAL. Supreme Court, Halifax, April 29th, 1880. Crosskill vs. Morning Herald. 220 Mr. Wekks opens. John J. Stewart sworn. Mr. Weeks asks: Are you connected, with the Morning Herald Printing and Publi.shing Companj ; [Witness declines to answer the question, as it may tend to criminate him, as a libel case is pending.] This paper is the Morning Herald. I decline to say by whom it is pub- lished for the same reason. [Paper marked " H. McD." 1.] It purports to bo the Morning Herald, and I ilare say it is. Q. — Have you any doubt that it is the Morning Herald? A. — 1 decline to answer. [Mr. Rigby objects.] I can't say whether it is a hona fide copy or n.it ; I am not a printer. Q. — Are you the editor of a paper called the Morning Herald new.spa.per ? A. — I decline o^O to answer ; I decline to say what I have been doing for the last year. I have been a journalist for the liist 3 ear, editing a paper. I decline to say what paper. I was subptenaed in this case on the street. I declint^ to say who the nuMubers of the Herald (Company are, a.^ I could only know it by being a member myself, and it would be an admi.ssion that I am a member and nsight criminate me. I decline to .say in what office I wa.s journalist. 1 know the foreman in the Herald I'rinting and Publishing dftiee ; his name is Thomas Brophy ; one McLean is a com- positor there ; John McDonald i- nressman tl.ens it is in .!() Granville Street the Herald is ■r i H I B i nia i iH i i'Ti ^'^mss^^^^m^Sf reported to Tie publisnetl John ( 'ahill lias tlie busiiK^ss department in charge there at that office; he sends out accounts and collects moneys ; I do not know who for, except l)y hearsay. [Objected to.] I receive a salary ,ts a jotu'nalist. ('.iliill raid me. [Objected to.] The building in which 240 the Morning Herald newspaper is published is .")(] Granville Street, I tiiink. I decline to say that I am a defendant or not in this case, as if I admit it I may be indicted for libel. Cahill performs duties in an officf! in the building referred to. Morning Herald has been published in that building about live years. The Act of Incirporati )n w-as pa.sseil in 1S75. This is it. It is to provide for the incorporation of the company. I decline to say that that is the company w'ho.se office is in th(,' liuilding reft'vred to because as I could only know it by being a member cf the company, and liable to indictment. I liave been in the building nearly every day for the last year. I decline to .say if it is that bull ling I perform my duty a.s a journalist. I have written in it. In the garret, in one room, in which I almost always did my writing, every day I was in the city. I decline to say what kind of writi?ig. The writing was partly journalistic. I must 250 have hai' access to a bound volume of that paper for leS7S ; not for the last six months Some of them are in one place and some in another. I have no doubt I referred to these volumes. I saw in print some manuscript that I had written ; some of theui in the Morning Herald newspaper, in 187.S, about September. Is .>li()wn .-m article in ne\\spaper (" H. McD. 1,") and say I decline to say wh' thiu- this is one of them, as it is alleged to be libellous, and I might be indicted. Some of my writings were at the solicitation of Mr. (Irillin, who was reported to have occupied the position of Editor of tlie Morninii- Herahl. I decline to say who took Griffin's place. He wrote in the .same room that I write now. I decline to say in who.se employ I now am. I saw my writing in the Morning Herald newsjjaper. Nearly all the political papers I wrote for the kvst year or so was published in that paper. Q. — Who employed you to write these articles ? .4. — T decline to answer. I saw Dr. Almon in the office ; also ] )r. Parker, Francis G. Parker, John S. D. Thompson ami Mr. Sedgwick. I saw him write in that office. My attention was cer. I met him a few days ago. I have no recollection of mentioning Stewart's name to Wiswell on that occa-sioii. I do not think I told him that I told Stewart he v.'ent too far in writing that article. I have advertised in the Morning Herald. On the twentieth of November, 1878, ])r. Almon, Mr. Sedgwick, Mr. Frederick Allison and several of the names in the Act were shareholders. Godfrey P. Payzant and George Wiggins were al.so. I can't say positively, a,s ehanfi-es have been made. I was also. Charlis H. M. Black also was a member; S. L. Shannon was anil is a member ; Dr. Fraser was ; (Jeorge W. Churchill was also. I think McFarlane was 310 not. I think Mr. Bulmcr is a member, and was then ; .J. S. McDo'iald was a member, and is banker of tl.e company. 1 think Frederick Allison was the Managing Director in 1878. I don't know who was Secretary. The company was incorporated to publish papers, like this. I know no other Morning Herald published in Halifax It is and was a daily paper. The directors are elected amuially. 1 don't think I was director in 1878. This (" H. MeD. 1 ,") looks like the Heiaid. [Objected to.] This paper may have been p\iblished in another printing office for all that 1 know. 1 don't know what olHce it was issued in. 1 don't see anything on this paper to load lue to doubt that this is a genuine paper issued out of the office of the Morning Herald. I have not any doubt from its appearance that it is a genuine copy of the Morning Herald. I hi/ Mr. Sv(l<)tricL-. 1 am not a printer; I don't know more of the type of 320 /'. ross-c.rdio nii'i tlie Herald than of any other newspaper. I could speak as positively of where the Chronicle comes from as the Hin-ald. What 1 said respecting this paper is not from any knowledge I ae- Hiiirr.! as a mrmber of the company. 1 see " Herald" written on this paper, if the hrading was I wmt 9 " The Moriiini,' Clironiclti " in tlii.s paper, l wonkl Ijelicve it to liave been issued in tlio Morning Chronicle office. My knowledge is derived from what is printed in the paper itself. I saw Hi!rald sold in the Morning Herald otHce ; never saw bundle.^ going out. I do not know of my own knowledge whether the company is incorporatelished in a building on Cranville street, on the I 10 western .side, south of the Y, M. C. Associiition huildini,'. They send them from tlic office Viy nn Oiniiliiyc of the oHieo. I si'ttle with accrnditeil iiifs,scnj,'t'rs from the olliee weelily, returning hiicii unwid papers. This ("11 Mel). I,") is the Morning Herald; it is a copy of the Morning Herald. I .sohi copies of this paper November 20tii, 1H7H, I have no douht. I have no d(jubt I rentl 370 tliis article headed —leaded — " Conceriimg Martyrs." Had a conversation with plaintiff about it in my oHice on that day, 1 think. 1 remember looking at the article in my store on that day, when ('ro.sskill was in ; Marshall wa.s in then, James Marsliall. 1 know Marshall's signature; this is his oi. iii>per, "H Mel). 1." I cannot say that the rest of the writing is in his writing. Cro.sskill told lum to go to the Herald oHiee to buy a paper (objueti'd to) ; to get a paper of that date, I presume ; yes. Crosskill sai 1 that he intended to sue the Company. (Objected toj. Marshall then weni, out and returneil with a copy <>*' the paper; this nuist be it ; I saw liim sign it. Marshall died .the first of the present year, afte. a weeks iiln ss; his death was very unexpecteilly. The i aper wldch I had on that day contained the article in this paper headed " Concerning Martyrs." I was in the Herald office in (Jranville street. 380 CroH>i-ex(t)nineil by Mr. Hairitujton. I recollect the date from memory ; I don't recollect the date of tlie conversation. I mentioned the 20th Novendier from looking at the paper. I don't know of my own knowledge where the papers came from, nor where Marshall went out. He was a salesman in my store. It was not his duty t.) go to attend to Cro.sskill's business. I know the paper to be th.> Herald from tho title being on it; without seeing the name, I would not swear what it was. RoKKUT T. MURKAY swom. 1 went into the Herald office in lH7.'),and left early in October, 1878, The Herald was publi.shed in Orunville Street. The number was '8 when I left. Stewart did not edit the Herald in my time except occasionally I am a practical printer, and familiar with type and making up. I think I would know a copy of the Herald if I saw it. [Looks at paper " H. McD. 1," and says it looks exa like the Herald as I knew it.] I do not know that thi.s is a copy. Any Halifax paper could be duplicated. I have no doubt that this paper (" H. McI). 1,") is a genuine copy of the Herald of the twentieth November. [This is objected to.] It a])|)ears to be the same t\\:.: they had when I was in their employ. I am familiar with the make-up of the paper. I attended to the city and general news and read proofs, and I speak from my personal knowledge of the office. The paper could be duplicated in this city, but the lieading would have to be imported. It could scarcely be done on the moining of the twentieth November. It woidd be a practical impossibility. I know T. P. ('onnolly dis- posing of the Morning Herald from seeing it oi. !.is desk. Cwax-ei-dinincil by Svdywid: Q.—Suppose the lieading of this paper is turned down, could 400 y,)U swear to it on sight > A. — I couhl swear to any Halifax paper, with.viit .seeing the name, by its general appearance. If the heading were last witness, partly by Griffin and li.irtly by F.edeiidi Allison. The Herald is printed in Granville Street; there i.s asign in front of the building, " Morning Herald ;" it is .south of the Y. M. C. Association building. T!.. Herald was published there in November, 1878. I was their foreman, and made up the form every alternate evening. [Mr. Harrington ..bjeets to comparison of type.] I would know the Morning 410 390 11 H,. tl ■ -vl.on 1 ^.•e it unless it is a fr.iululo.it cpy. I -loii'it tli.it f cuM d.-tcct a frau.l ; h n.i.'ht he countt.rfeite.1 in a short time; it ^umh\ only bf a .luesti',!. nf tii.uv I cannot «vy tl.at F saw ft Ili'vai.l is.sue.1 on tli- -iOll. Novniil.T, 1h7H; my HHMuory -I-m-s not earry n.o back t. far [Looks at papL.r " II. M.'l). I," an.l s<.ys it iHa...i,y of the HeraM.] I cannot .say that this is a IVa.i.lulr t u..|.v. I have not a .loul.t that this is an exact copy of the Herahl ; I see nothing spurious ah..ut ti.is. It passes out of my han-l an^l -oes to the press roon.. [Is show" a paper, an.l says this is « fae-sinnle of the other paper ; I don't ,louht that this is a genuine copy of the otlur niarke,l"ll Mel). .S.'J The Ueral.l wu print..l in th- huihling. I tlon't rememln-r seeing papers sol.l there ; saw then, exchange.l ; they are supposed m> 1^' sol.Hn the eourtin- n.ou.. Saw the newspaper eaniers <,'a in an.l out. C.'on.positors were ten. This (" H. M JJ. .. ) is as *.W exaet a eopv as eouM U^ »( the .Jition .)f the Herald of 20th January, IH7h. aru>^-ej:a7n;n,:l hv Mr. Har,-iu,. I .lon't always rea.l tlw H.'raJ.l. I a.n n,.t in a pos.ti.m to sav where this papeV (nu.nh.T on,-) was pul.li.she.l 1 sjM>ak fr.»u the appearance ot the pap...- an.l not from kiL-wle-l-e of where it came from or where publinh..! If one wa.s in pos,se3S,on ot the hea.lin;ovember, LS78, i,. not there ; I have not in.livi.lually a file of the Herald c. ntainiiig the paper .f the .late ref.'rred to. I tol.l yoi, fMr. VVeeks) that I ha.l a file. It is so, but 1 have not thf't pajx'r. (Witness goes tti g.'t the tile.j Hl-i!BKia .'K.-ssKil.!, sw.M-ii. 1 Was Depul-V Provincial S.-cretary nearly eleven years, he- .iunin.^ 1st Februarv, l.s'-.S, and .l.,wn t.. ISth N..vember, IHTS. Th.- Morning Hcrahl newsp-^er wa.s receive.! in the Provincial Secretary's office -laily .Im ing that time, rarely missed. 1 he office was subscr-'mr for it and pai.l by warrant. Sometimes I rea.l the paper, not always. Saw it nearly everv .lay. Saw a e.,py '..f the M.rning lleral.l of No-oMiber 20th l«78 first in the reading-rooni, ami then in Mr. Conn<.ll . 's simp. I have no doubt it was a copy of the paper seen 440 by me in the Provincial S.3cretary's otHc... This paper (" H McD. I "), or rather the article " Con- cernin.' Martyrs,' is an exaet ooi-y ..f the same in the paper 1 rea.l in the- rea.ling-room (Mer- chant's Kxehan.re). I was the Person ref.'rre.l t... This was the tw-mtieth N.n'ember. I rea.l it between 9.1 an.l 10.', ; I rea.l th... wli..le article. I think I went .lirectly to Mr. Connollys b.K.k .store ■ I .^.Jt there before eleven o'clock. I saw another copy there, on his ,lesk ov table. I opene.l it Mr Connolly was present. It contaiiie.l a copy of this article (objected to.) "Concerning Martyrs " I aske.l Conn.jlly to ali..w ..ne of his clerks t.. g.. the office of th.; Herald Printing an.l Publishing ( '..mpany t.. pureha.se a paper of that morning's issue. Om> of his clerks, James K Marshall went with directions to go to the ..lll-.e of the Heral.l newspaper, an.l purchase one of that morning's issue, and bring it back tn me. I gave him two c^nts. He went and returne.l in a short time, and brought this paper ('• II. Mel). 1"). The writing in the paper is in my han.l- writin.' writt... immediately by me, and signe.l by Marshall. [Objecte.l to]. [Mr. Weeks asks the witoess to read the m.mioran.lum ; he .l.,es so. Mr. Harringt.m ..bj.ets. Mr. W. eks conten.ls that the reading .)f the memoraiulum by the witness to himself, is receiving it m evi.lence. 1 4.')() disss iiiiiili Dep on II Nov and colls ret'u rot'u I ca papi wit rec( 'II the apr Th( teci at the sai to is : H 1« It ii te it 4G0 12 dissent, as I was not askod to reneivi; it, ami th.- jury did not hear it]. The endorsement was made before eleven o'clock on November "iOth, 1.S7H. (Jroii>i-examincd by Mr. Sedgwick. The last time 1 was in the Provincial Secretary's office was the ISth November, 1N7.S. I then ceased to be Depii ,y I'rovincial Secretary ; I was gazetted Deputy Provincial Secretary. Shortly a:ter the libel, I instructed counsel to take proceedings on my lichalf. This (" H. McD. 5") is my signature. I sent this paper to the Government of Nova Scotia. [Objected toj. The following spring I commenced business in Middleton, buying and selling goods. I was refused credit last spring by one man, and I imagined it was partly in coiise(iuem;e'of the libel. I cannot swear that any person refused me credit on that account ; none refused me credit since I commenced business. It was J. R. Jennett refused credit. Nobody refused to associate with me, in conse-iuence of the pnblication, so far as 1 know. [Objected to.] I can't swear that my reputation has been injured by the article referred to. I tirst called Con- nolly's attention to the article in question. 1 asked CJonnoUy's clerk to go for me and get the paper. 1 read that one article in the reailing-room.but can't say I read more. Chaiu.ios Annand sworn. I am familiar with the Morning Herald newspaper; it exchanges with the Chronicle newspaper sino^ the establishment of the Herald. A tile of the papers so 470 received of the I'erald is kept in the Chronicle office. The paper here produced (" H. McD. G") is a copy of the M( rning Herald of the 20th November, 1878. Paper " H McD. 1 " and ■■ H McD. (J," are as 1 think exact copies. (Objected to). I am not a printer. I should say there is no dissimilarity between the two copies. I know the Morning Herald from its general, appearance ; '..oth these under my hand are Morning Heralds, (No. ! and No. G.) [Objected to,] There is no other Herald published in Halifax. I have been connected with the press for six- teen years. It would be impossible for any office in Halifax to forge th'j paper in a day. It is published between three and five, and a copy would have to be'got before forging. Cro.is-cxum.inrd hi/ Mr. Harrhnjton. I get to my office between ten and eleven, and did so at that time. The only m.-ans of knowleilge I have, is by the Herald boy bringing the paper to 480 the office. 1 cannot say that the boy brouglit it on the twentieth November, 1878. I judge of the date by seeing it in the paper. I read the r rtiele complained of at the time, im\ see it is the same here," as far!is I .emember, Seven-eighths of a daily newspaper is kept standing from day to day. When I spoke of duplicating, I meant the whole of Mie paper. The type in the editorial is nonpareil ; al nonpareil m the articl.; in (piestion. I don t know where either of the papers came Irom. I haii.lle ml-, nle very fn^piently. The exchanges are sent to the lenders. (:vo:i^-M'Miiv,i:-ilh>iMr.Wcck^. Nothing. [Mr. Weeks tenders papers in evidence. Mr. Harrington objects. I receive the paper, II. McD. .\. is read.] HrciU Ml Niio sworn. 1 was c.mnecteil with the Morning Herald newspaper all the year 490 IM78 as clerk. I kept part of the books. I judge the circulation of the Herald would be 8000. It circulated in all the counties of this Province; copies went to England, the States, the V&n- adas, New Brunswick and Newfoundland. 1 know young Marshall ; do not remember selling Herddtohim; I was in the habit of selling papers as each edition appeared. [Mr. Motton ter lers copy of Herald " II, M(d). thei. consi.leration. and that they had a right to say. it they could do so hone tlj that the pap..r rea.l was not published by the defendant company at all, an.l to g e ' I tnlii accor.lingly; but It if they should tin.l up.,n the whole case in W of the Dlaintitf the r.-mainin-r ouestion would be one of damages only. In such case he would bt SS't! o elniajs even if nonunal, and it is not necessary that he sh.uild prove lU.n by .,..0 t" the amount of Ids actual loss sustaine.l in consequence of the pubheation complain d ot^ Tl e .Ian als ou-dit to be commensurate with th.. injury .sustained, but I thought, under all he ci4'um tu;.es, they ought not to be u.ore than th.t. I told the jury that they, no I, were the p;;;;;; judges of wmu the amount .,f -lamages ought to be, in case they should hnd ni favor of th.o plaintiff" under the uistructions just given. They foun.l for the plaintiff ?3,000 .lainages. Exhibit H. McD. 1. A newspaper purporting t.> be the M.n-ning Ueral.l of 20th November, 1878, containing the following:- ..CONCERNING MARTYRS." .- Our n.ornin. cont..n.povary has at last created a veritable Grit n.artyr in the p™ ^ ^r .. Herbert (,'rosskill. It tirst tells tl... -.vful story of his martyrdom, and then decks hnnvMtM. „ white robe an.l the crown, an.l lastly turns upon his persecia.rs, and with its P-P -^ - " .. snire.l with divine afflatus, ami its eye enlightened by a vision of be future, predicts the mo t „ tie woe and .lesolation in st.ne for Hon. Mr. Holmes and his unfortunate colleagues. XN e aie .=i70 " sorrj' " coiiij " told, " 1)0*^,1 1 " came " was i "scru} " becai 'I Mess " been II ever " parti " man " serv( " riilic II a n " reall 11 conti II Prov II reasi II simji " why " est " men 11 the ( M wool " stitii " avec " on ti " hnn< this e the .\ lishei the w 15 " sorry that our fluty as journalists compels us to fli-sipate nnch a really fim' effort of jfenins, and to " coiiipletely destroy Mr. Hiuhcat ('roskiU's cluinees of a martyr's crown. iUit the trutli nui.^t bi II told, even if better things than Mr. Cro.sskill fall, and the truth in this case is very damaging, II both to our contemporary and its hero. Mr. Crosskill wa-i appointed in bS(l7. when his party II came in power. He pos.scssed not oni; soiitaiy ((ualitication for the oHice, further tiian that he II was a renegade from our party, and, like ail renegades, was unusurlly bitter, violent, and un- II scrupulous. His .selection cau.ied no little surpri.se at tie time, but ceased to be so, when it II became known what manner of men he was required to serve, and the kind of services that II Me.ssi'.s. Annand and Vail leijuireil of him. For eleven years the Provinciid Secretary's office has II been a sink of inicpiity where pi'.'ulic rolibery ran riot, and where pulitical villainy of almost " every species was concocte.l and perpetrated. In all this Mr. Crosskill was a willing ard active "participator. The Messrs. Annand may perhaps be excused for bemoaning him, for lie was a II man of their own heart, both in his public and private life, and many a time has he no doubt "served their purposes. Out of his oihce Mr. (,'rosskill was a loud-mouthed and violent partizan, " ridiculing Hon. Mr. Holmes and his colleagues in the coarsest Hillingsgate. To su])pose that such "a man could be retained by any body of gentlemen in a confidential position, is II really astounding; the (iovernmint might us well think uf having the editor of our " contemporary himself as their eoutiilential clerk, as have such a man in the office of Deputy II Provincml Secretary. The pretence that the Lite governm(;nt never di.smissed men for political II reasons is utterly unti'ue. What were Me.-^sis. Kinnearand I'uidy of Amherst di.-.mi.ssed fur, but II .simply that tliey refused to vote For Mr. Ann.iud :' Why was Mr. Uowley of Yaru'outh dismissed, II why were Messrs. George and Parsons dismissed, and why were scores of other able and hon- " est officials all over the Province dismissed, but simjily for their politics ? The Mi'.cken/.ii' f lovern- " mcnt did the .same thing. Take the case of Mr. (.'harles Aluion for instanee, who. after having held II the ottico'jf Surveyor of Shipping for this port for six years, was dismissed witlioat Ciiusi" a few " weeks after the change of government in bs74. Then; was no talk about Amerieauizingour in- " stitutions then. In all of these cases the officers dismissed were honest and faitldul, elements that II arecertainlv lacking in the case of Mr. Herbert Crosskill. If that person's name is to be placed II on the roll of martyrs, it nnist be in the same list with that of the chief baker whom Pharoah II hunj;. " r),SO VJO (iOO Exhibit H. McD. 2. HALIFAX SS. IN THE SUPREME (!01TRT, 1880. Cause. — IIerbeht Crosskill, I'lamtijl', vs. The Mokning Hrrald Piuntino and PunLisiuM) Co.mpany, Defcndaiit. Take notice that you are re(ini!ed to produce to the Court an 1 the jury, on the trial of dio this cause, the files of the Morninu' llernld newspapere mtaining a certain new.^paper called the Morning Herald, issued on the 20th day of November. .\. I). l^TH. printed and pub- lished, and also a certain paper writing of that ilate .•ind ■! cm tain pi'intcd pa]iei' containing the words charged in the plaintifl"- ded., ration in the above i'ausi\ and all niannseript J -. 16 writin.. and momnn.n.l. .vl.tin. to .uutto,. in i«sno in ,l,o uhovc cause, inclusive of book« „f detViMlants, and accounts and otl.er boukb ot detondants. Halifax, April 27th, A. D. 1880. Yours, &c., ROBERT MUTTON, Attorney of Plaintiff. erein, make oath and say as tol- '"^^'''■~ , . .1 1.,,. r.f Annl instant I served Robert Sedgwick, Esquire, Tliit nil thp t\ventv-!»event 1 day ot April, insiain, i nv-iw • -v j^ llut uHtn. t«uu> 1 ^^^^.^^ hereto annexed, marked (.30 the dclendantrt attorney iieiMU, « ith a tiuc c ly o'clock in the >. A," hy leaving the same with a clerk (O'Bnen) at his othce about lour o cloc ,. m afternoon JOHN McDOUGALL. Sworn to at Halifax, this 27th day of April, A. D. 1880. J. W. Kki.ly Johnston, A Com. of the Sapm'v «m/ Count;/ Courts for the County of Halifax. Exhibit H. McD. 3. A newspaper purporting to bo the Morning "^rahl of 20th Nc,vemhcr '878 containing an artich. entitled " Concerning Martyrs," a. set out in Exhibit U. McD. 1, above. Exhibit H. McD. 5. To THE Honorable the Executive Council of Nova Scotia :- GENTLKMKN,-Your tnemoralist begs leave to sul>nut, for the consideration of your G4.0 17 recoivod .ix .n.mtl.H- pay, UH c..miH>..Hat,..n, an.l to nnahlo l.i.u t(. livo until l.o couM llnd 050 employnKi.t. Kv.m. tin- lato Atton.oy-(im,oral Wiioks, iH yuur IIo.,o.mI.Io Cniicil ^iH h»a on ri'lVTencf t,. tlie recordn, \V!i« allowed two 4uartorH salary on being di^mi^sed. Mr. Ivorr received but one quarts r'n pay when di^ini^sed ; but on reference lo the Minute of Council relHtinir tboreto. it will be found that be bad alrea.ly dr vn «1,205 !<..• ■,.. lew days over tivo months' services, and indepen.htnt of that fact the ease of your memoralist i\,vobm>i.i reasons is very ditierent fron. that of Mr. Kerr. Your n,enu.ralist had served the public as Deputy Provincial Secretary for nearly eleven years, .luring which period not a s.n.^e word ot co.noiaint was ever" utte.ed bv any member of the government against his efficiency or faithfulness in the discharge of the du'^es ..f bis office. During the whole of bis incumbency he was never one minute behind time, and was invariably in bis place in the othce at or OUU before IC o'clock, and notwithstanding the false charges advance.l against him by the Herald newspaper, he flatters himself that he has over been, in his bearing, courteous and gentlemanly toward all persons having business with the department, irrespective of class, creed or polities. • , . ■ • i,;^ Your memoralist was removed, without a shadow of a charge against h.m m his official capacity, at the be,inning of a long winter, without the means of living or any oroHuect of obtaining a situation or business by which he may be enabled to earn a Ipv.,- hood for himself and familv. Under the above circumstances, therefore, y.ur ueinoralist considers that he is .iustified in expecting an.l believing that .be present government will be as liberal towards him as formei governments were to tbo.e whom they conceive.l it to be (,70 to the interest of the departments to remove from the service. Trusting that your Ilomn-able Body will take his (msc into favourable consideration at the first meeting of Council, your memoralist will over pray, &c., kc. Halifax, 16th December, 187H. II. CUOriJKlLL. Exiiii.iT n. McD. (). A newspaper purporting to be the Morning Herald nf the 20th Novend.er, 187^, containing an article entitled "Concerning Martyrs," as set out m Exhibit H. McD. 1, page 14. Exmnrr H. M( D. 7. MiiriON AND Mch EENEY, Barristci'8, ic, 183 Holms Street. Halifax, January I8th, 1879. Gknti.EMKN — Mr. Herbert Crosskill, late Deputy Provincial Secretary, has professionally retained us to proceed against you, as a p,„pri, tor and publisher of the Morning HcraM tor bavin- on the 20th day of November, 1S7.S, published in tb. Morning Herald ot that date a libelloas and .Icfainatory article against bin. md p.vjudi.ial to bis cbnractcr. Mr. ( '. has wa.t.-l for some time in the hope that vou wouM in the cohnuns of yonr paper, retract the same ; l,ut as (J80 oyo ---t^' kmmsm^ i»^*S«S;!ii#l*!We5 18 yoti hftvc not Hccn fit to .lo so, an.l as you have cliarj^'cl liiiii witli jnililic rol.lwry, h.' is coiiipelif.i, in vinilication of hiH own ciaractcr. to s(H'i< rcilicss at law. We are therefore oI.UkpiI to call upon you to make satisfactorily reparation to Mr. C, ami unless we hear fn.ui you at :in e;uiv May, we "shall be obliged to proceed without further notice. We are your obedient servantw, MOTTON & McSWEKNKV. Jamkh McDonaiji. Knvv'i) J. Loudly. Ar.MsoN Smith. Jamks S. McDonald. <}. W Payzant. Hon. Alkx. Macfahlank. (ii;o. ('. WidoiNH, Windsor. Thus. K. Kknny. 700 Mes.srH. Du, 1). McN. I'akkkii. W. J. Almon. FuEDKKicK Allison. Thomas K. Kknnv. FuANCis (1. Paukkk. Chaulks Black. S. L. Shannon. J. J. Htkwaht. RollKllT Skdoewkk. Served letter on Thos. E. Kenney, about S.l.j, P. M., by loaviufr the same with Thomson at his office. Served Allison Sinith, by leavintr tho sam(> with .Mr. C. E. Davidson at his office, about :t.O.) 1 . M. Served J. S. Miiedonald," Esq., personally, about :i.2.") P. M. at bis place of bu.sines.s. Sewed lion. S. L. Shannon -vith letter, about a.30 P. M., by leaving the .saiiu with McLellan, 710 at office. Served Hon. D McN. Parker, permally, at his office, about 3.20 P. M. Served Robert Sedgewick, personally, rbout 3.30 P. M., at his office. Serveil J. J. SteN.-art, Esq., with letter, by leaving it with Mr. Sedgwick at office, about 3.30 P. M. Scrveil Francis G. Parker, by leaving it under his office door, about 3.0,') P. M. Served W. J. Almon, Esq., with letter, by leaving same with i)r. Almon, Jr. Served C. H. M. Black, Es(i., by leavitig same with Dyce Cutlip, about 3 P. M. ) rved Frederick Allison with'letter, by leaving sauu^ with Augustus Alii, jn, about 3.05 P. M. Served E. J. Lordly, Esq., personally, about 3.15, at his place of business. Exhibit H. McD. 8. HALIFAX, SS. IN THE SUPREME COURT, 1880. 720 vs. Heiibeut Ckosskill, Plainti^. The Morning Heuald Printing and Publishing Company, Defendant Take notice that yoi. v.Ul bo required to produce to the Court and Jury, on the trial of this cause a certain letter dated the eighteenth day of January, in the year of our Lord one thou-mnd ei.dit' hundred an sai