SUPREME COURT.

Evening Star, Volume VIII, Issue 2403, 14 December 1870, Page 2

SUPREME COURT.

Tins Dav. (Before Mr Justice Chapman.) ACTIOS TOR LIBEL AOAINST A PROVINCIAL COUNCILLOR. hi ‘Kkllaiv v. Brown. —ln this case, which was an action to recover LI,OOO damages for slander, the jury last evening returned a verdict to tlie off et that the words complained of were spoken and published hy the defendant, but not in a defamatory sense, which is practically a iitiding in defendant’s favor. MALICIOUS PROSECUTION. Lancaster v. M ‘Kinnon,— Mr Barton appeared for the plniutiif ; and the action ■was undefended. The declaration stated that the plaintiff had been given into custody by defendant, who caused him to be imprisoned until discharged by a magistrate; and the second count claimed damages for malicious prosecution. A pica of justification was put on the record, but the defendant did not appear, and it was stated that he had sold all his properly and left the colony. The plaintili'is a settler and well-known cattle dealer at the Beaumont, and the defendant Donald M‘Kinnon was his neighbor and owned the adjoining farm. In consequence of the plaintilT having [initially closed up the access to defendant’s land, the parties disagreed, and the misunderstanding culminated in the de fendant conceiving the charge against the defendant, which resulted in the present action. On the 2-tth July, a cow belonging to MTCinnon was found hy him dead on the ranges ; it was lying on the side of the range, with its body up-hill. 'The animal had a wound in the hack of its neck, in the manner butchers “pith” an animal. Defendant charged the plaintiff with maliciously “pithing” the beast, and he was arrested on that charge. At the magisterial investigation, it was proved by Dr Stewart, one of the presiding justices, that the beast could not have been “pithed,” because there was no blood about the wound —an inevitable consofjuencc if the beast had been killed before death, as was alleged. In further contradiction of defendant’s asser. tion, it was proved that it was impossible the beast could have been “pithed,” for it met its death on a lonely range and at ni where and when it would have been impossible to get it into such a position as to enable the operation to be performed. The Bench at Lawrence dismissed the case, discharging the present plaintiff with an intimation that he left the dock without a stain on his character. The jury found for the plaintiff—damages LI fill. Teuton v. Jackson (Manager of the Union Bank).- r Tliis was an action to recover LI GO Jos, for services rendered as a notary public. A sum of L2l was paid into Court, and the defendant pleaded not indebted as to the remainder. Mr Smith appeared for the plaintiff ; and i Mr Macasjey for the defendant. |