SUPREME COURT

Dominion, Volume 8, Issue 2383, 12 February 1915, Page 3

SUPREME COURT

CIVIL BUSINESS

A PALMERSTON NORTH CASE

A Palmerston North case—that of Nicholas Martin, labourer, of Foxton,

v. Frederick Spenoer Easton, farmer, of Foxton —was reviewed in the Supreme Court at Wellington yesterdaj before His Honour Mr. Justice Hosking. In September last Martin brought an action against Easton claiming £518 damages for malicious prosecution in connection with, a charge of assault laid against him (Martin) by Easton. The verdict of the jury vva6 in favour of the plaintiff, but legal questions were held over for argument.

The business before. the Court yesterday was defendant's motion for nonsuit upon the grounds (1) that there was not sufficient'evidence of want of reasonable and probable cause on the part of the defendant at the lime he laid the information referred to in the statement of claim,' and (2) that there was no evidence of malice on the part of defendant. "In the alternative defendant asked for a' new trial of the action on the ground that the verdict of iihe jury was against the weight of evidence. Mr. H. R. Cooper, of Palmerston North, appeared for 'the defendant, while Mr. ft. Gifford Moore opposed the motion on behalf of the plaintiff. Legal argument having been heard, His Honour reserved decision. CALDWELL V. THE UNION COMPANY. The oase of Lucinda Caldwell v. the Union Steam Ship Company was mentioned in the Supreme Court yesterday morning before His Honour Mr. Justice Edwards: in connection with a motion for a new trial. The plaintiff (a widow) had sued the defendant company for £2000 damages for the death of her husband, who was killed on the company's steamer Maitai through a "cargo sling breaking.' At: the first trial the. jury' could not agree,. and at the second trial- inl November last, the answers .to - the issues, submitted to tiie jury, gave the verdict to the defendant company. The motion for the new trial was on the ground that the verdict was against the weight of evidence.: '■ ./ ■ .. '•' • ' Mr. A. Gray, K.C., with him Mr. E. J. : Fitsgibhbn, appeared in support of the motion, which was opposed by Mr. P. Levi on behalf of the'defendant company. ' After hearing legal argument, His Honour reserved decision. • : AN APPEAL. His Honour Mr. "Justice Hosting yesterday heard an appeal l by defendant against the decision, of ,Mr! D. G. A. Cooper in the case of the Gracefield Estate Syndicate,, Ltd. (in'liquidation), against Dr. I'. W. Mackenzie, a claim for £28 7s. sd. for calk on shares held' by defendant. The defence'was thai defendant had . never agreed to accept the shares. The Magistrate gave judgment for plaintiff, with costs £4 165., and the_ defendant now appealed the decision-.on the ground that it was erroneous in law. Decision was reserved. SHEEP-STEALING CHARGE. (By Telegraph.—Press Association.) ' Auckland, Febrouary, 11. At tho Supreme Court, James Lyons, farmer, charged with stealing sheep at Ohaeawai, was found not guilty. He was discharged. " CHARGE OF PERJURY. Auckland,. February' 11. The Supreme Court to-day was engaged rehearing a charge of perjury against William Maule, sawmill hand, of Dargarville.. i The charge arose out of proceedings in an affiliation case in the Lower Court, where Maule was de-' fendant. But when Maule was charged with perjury at the last sitting of the Supreme Court the. jury failed to agree. To-day's jury returned' a verdict of ■guilty. Maule will be sentenced tomorrow. ■ ' \ CHRISTCHURCH; CUSTOMS FRAUD. IBy MeEPiDb.-Piesß A«»6ei»U«Ll Cftrlstchurch, February 11. \ At the Supreme Court, in the hearmg of charges against John Alexander M'Kmnou, involving participation in Customs frauds, foiir witnesses who are serving sentences in connection therewith swore that accused had shared the plunder with them; also that M'Kinnon had obtained a landing surveyor's stamp to facilitate the thefts which went on continuously from 1910.