ALLEGED CONSPIRACY

Dominion, Volume 12, Issue 129, 25 February 1919, Page 5

ALLEGED CONSPIRACY

COUNSEL AT VARIANCE.

Reference to allegations of conspiracy was made by counsel in the course of proceedings in the Supreme Court yesterday. The case was that in which James Lynch, a metal spreader in the employ of the Wellington City .Corporation, sued James Gibson, farmer and market gardener, for damages as a result of being knocked down on the Hutt Road by defendant's motor-car. His Honour Mr. 'Justice Edwards and a jury heard the action in May last,. and the jury awarded plaintiff .£79 special damages, and one farthing as general damages. Yesterday morning, Mr. J. O'Shea, city solicitor, moved that judgment be entered. In doing so he informed Mr. Justice Edwards, who was on the bench, that when the matter was before the Court previously leave was granted to move for a new trial within fourteen days. He had discovered, however, that ifa greater amount of damages were awarded it might mean ruin for the defendant, or least render it unlikely that the plaintiff would be able to recover his money. Negotiation's for the settlement of tho matter were entered into, but before these were definitely concluded Mr. Dunn, defendant's solicitor, made some extraordinary allegations. Mr. Dunn had taken it upon himself to write to the Mayor, charging some persons, presumably'the City Engineer and himself (Mr.'O'Shea), with conspiracy. Mr. O'Shea said he regarded this as a serious breach of tho l'liles of the court for counsel to so act between a verdict and judgment being entered up. ■His Honour said he did not want to enter into the matter, which Mr. O'Shea should report to the Law Society. Mr. O'Shea said he could not do so until judgment was entered up. The alienations of conspiracy made by Mr. Dunn were founded upon some garbled information Mr. Dunn had received concerninp; a report made by the City Engineer that he (Mr. O'Shea) had not called certain witnesses. His Honour: I am not going into that matter. Do you move for judgmont Mr. O'Shea: Yes, sir, I do. In Tegard to. the charges of conspiracy, Mr. Dunn said that he was perfectly willing to sustain his action beforo tho Law Society. ■ , ; His Honour again stated that he did not want to hear anything about the matter. Ho was not there to settle disputes between counsel. The matter was one for the Law Society. It was for Mr. Dunn to show something on oath that judgment should not be entered up. • Mr. Dunn wanted to know if His Honour would adjourn the application in order to give him time to file an affidavit. "Well, it would lmve to bo something fairly strong," remarked His Honour. •Hi's Honour added that neither party had applied for a new trial, as they had been at liberty to do,_ and he proceeded to enter judgment, with costs according to scale, allowing Mr. 0 Shea <£15 15s. for second day. '"The verdict of the jury was a monstrous one," commented His Honour. "It could not got away from the special' diamages, and so brought in a mock verdict on tho question of general damages. In my opinion, plaintiff was entitled to fairly substantial damages. Mr. O'Shea was clearly entitled to a new trial had he chosen to apply for it. If the jury faile4 to do its duty that is no reason why I should fail to do my duty on the motion for, ■judgment-'' ,