SUPREME COURT. —Civil Sittings.

Auckland Star, Volume II, Issue 459, 30 June 1871, Page 2

SUPREME COURT. —Civil Sittings.

FRIDAY, JUNE 30,

(Before His Honor Sir George Anmy, Knight, Chief Justice, and a Special Jury.)

His Honor took his |seat on the bench at 11 o'clock. Mom v. Ceaig.—Mr. MacCormick and Mr. BrookQeld for the plaintiff; Mr. Hesketh and Mr. Rees for the defendant.—This was the fourth day of hearing, hit when His Honor took his seat on the Bench it was announced that tho parties wero dispessd to come to a settlement, and end litigation if possible. The argument upon the qaestions of last evening, whether tenant in common could sue for trespass—whether Mohi had exclusive possession, which would enabl.' him to maintain such an action—whether there were not le»al difficulties whici would protract litigation indefinitely,—appeared to > have the effect of throwing a new light upon the respective positions of the several parties. Itis^fiut justice to the counsel for the plaintiff to mention that from the first they declared that the action should never have been btfught if the defendant had consented to se/fcle with the native owners, which he could afbne time have done for a nominal sum. Th» defendant may, indeed, have acted upon a lincere interpretation of his own rights, aad believed that having acquired 1 from th. natives the right to cut timber for a | sum thft ho was justified. All parties to this suit, if is to be hoped, are wiser now. The plaintiff" and defendant, with their counsel and Merpreters, adjourned to the library, and-ho Court adjourned to half past one o'cl/ck.

The Court resumed at half-past one o'clock, wjen the parties to the action, with their repective counsel and interpreters, returned iito Court, and announced that there was no iihance of settlement. It would appear as if lhe long protracted litigation had changed the position of the parties, for the demands on 'either side have considerably chaiiged. Tho plaintiff's, it was , said amounted to a much larger sum of money (£600) than that which he would in the first instance have accepted, as well as the surrender of the logs, which are said to be worth nearly _84,000. On the other side it is stated that proceedings of a different character are likely to be instituted in respect of some of tho witnesses. Thus the suit, Mohi v. Craig, is likely to be I prosecuted to tho bitter end, with less chance of arrangement as it progresses, and loss and injury to all sides.—The case then y.rooeeded. —Mr. Eees oponed the case for-the defsndant, and was speaking when our reporter left. •