§ MR. COBB (Warwick, S.E., Rugby)asked the Under Secretary of State for the Colonies, Whether his attention has been called to the report of the proceedings upon the application for a new trial in the case of Bryce v. Rusden, showing that it was granted merely upon the question of reduction of damages, and not in any way leaving the conduct of Sir Arthur Gordon sub judice; whether it was proved at the trial that Sir Arthur Gordon wrote more than one letter to Mr. Rusden, conveying serious imputations upon Mr. Bryce's character, and with the express object of enabling Mr. Rusden to publish damaging statements with regard to Mr. Bryce; whether it was further proved that such imputations and statements had no foundation in fact; whether, at the time when Sir Arthur Gordon forwarded such statements, he was Governor of New Zealand, and Mr. Bryce was a member of his Cabinet as Native Minister; and, whether any and what steps will be taken in consequence of Sir Arthur Gordon's conduct?
§ THE UNDER SECRETARY OF STATE (Mr. OSBORNE MORGAN) (Denbighshire, E.)I find from the shorthand writer's notes of the application for a new trial in the case of "Bryce v. Rusden," which my hon. Friend was good enough to send me this morning, that he is quite right in stating that a new trial was granted merely on the question of the reduction of damages; but my hon. Friend, as a lawyer, must be aware that, even on such a question, the whole merits of the case may be reopened, and new evidence which may give a different complexion to the entire 759 case may be adduced. Under these circumstances, I could not admit that the facts of the case, including the conduct of Sir Arthur Gordon, are not still sub judice. With regard to the second and third Questions, I have already stated that the Colonial Office has no information as to the evidence given at the trial beyond what is derived from the newspaper reports, which are, of course, open to the whole public. The fourth Question I have already answered in the affirmative. With regard to the last Question, I would point out that Sir Arthur Gordon has long ceased to be Governor of New Zealand, and that he was not a party to, or represented at, the trial. Under these circumstances, and seeing that judicial proceedings in the case are still pending, I must adhere to the answer which I gave to my hon. Friend 10 days ago. But I have to add that Earl Granville has reason to know that the attention of Sir Arthur Gordon has been called to the reports of the trial; and my noble Friend, therefore, expects to receive a statement from Sir Arthur on the subject.