SUPREME COURT.

Gisborne Times, Volume X, Issue 996, 15 September 1903, Page 3

SUPREME COURT.

.CIVIL BUSINESS

(Before His Honor Mr Justice Cooper.) ALLEGED LIBEL.

At the Supreme Court yesterday, Anne Taylor, nurse, sought to recovor from W. F. Acland Hood, sheep farmer, the sum of £4OO, damages for alleged false and malicious publication, and nursing fees £B. Mr W. D. Lysnar appeared for the plaintiff, and Messrs DeLautour and Nolan for the defendant. Tno following jury was empanelled : Messrs J. Dalrymple (foreman), W. G. McLaurim, \V. 8011, and A. Sawyer. Mr DeLautour said that he had not had time to answer the amended statement of claim, which had only been served on Saturday. It seemed to him to sot up a new cause of action. Tho original claim was a demand for special damages, and this had been abandoned. It was upon that defendant’s pleas had been founded. The amended statement was a claim for general damages. His Honor did not think a new courso of action was set up, and asked Mr DeLautour if ho wanted time to answer it. Mr DoLautour considered it was not competent for plaintiff to set up a now course of action. His Honor said it hardly came within the definition of the new cause of action, but Mr DeLautour had the right to have time to file a defence. IE he thought ho was prejudiced he could apply for an adjournment. , Mr Lysnar said he had simply left out the words special damago. He contended that there was no course to warrant an adjournment. His Honor said it would not bo po3siblo at the last moment to compel defendant to goon. Mr DeLautour considered an adjournment necessary. His Honor said if the case was adjourned it would bo to tho next sittings of the Supremo Court, as he could not lot the jury go after being sworn. He asked why the amended statement was filed at

the last moment. Mr Lysnar thought that the words 11 special damages incurred a lot of trouble, and it was moro to simplify it that he had made the amendment. He would be prepared to go on with the original olaim and abandon the amondment. Mr DeLautour refused to consent to this, and said that if his friend was embarrassed after having the writ or issue for over eight months, how much more so was he himself in being asked to answer a claim filed at the last moment ? Mr Lysnar asked that the case stand adjourned until tho end of the week. His Honor said that judging by the number of jurors challenged and the amount of interest in the case locally, it would not be correct to lot tho jury go after having being sworn. Mr Lysnar said the plaintiff was anxious to be done with the caso. He would be prepared to abandon the jury, and have the case tried by His Honor. His Honor said all judges did not care to take tho responsibility of a caso of libel. Ho asked if Mr DeLautour would consent to ah adjournment until Wednesday. Mr DoLautour did not wish to abandon his rights. ~ _ . His Honor said that as the cause of action had boen recast and new innuendos alleged, defendant was within his rights in asking time. Tho difficulty was the filing of the*statement within the last hour. Mr Lysnar questioned what was a reaenable fcimo, . • „ His Honor explained that h ° wos titled to seven days. He would not bo able to take the caso this sitting. Mr Lysnar had given notice for a jury. Mr Lysnar thought Mr DeLautour should have objected before tne jury were - empanelled. He was willing to abandon tho innuendos. Ho was entitled to put in an amended statement of claim, and could put in one,similar to the original claim at ““nis Honor said it could bo done by consent of defendant. Ho would adjourn the Court for half-an-hour. -• Mr DeLautour was not impressed With a question of urgency. Mr Lysnar said he wos willing to abandon tho alternative claim, except the letter. His Honor thought that such a course would not bo wise. Tho Court then adjourned until noon, and on resuming Mr Lysnar said that an adjournment of six months had been agreed, and the question of costs was for His Honor to decide. Mr DeLatour considered that the costs should be fixed, and His Honor fixed costs for tho day for defendants at £5 ss, tho question to settle who should pay the costs at the trial for tho action unless plain tiff discontinues her claim, in which caso the £5 5s would be added to the costs of continuance. On the face of it, plaintiff should pay the costs, and if plaintiff discontinues her action she will have to pay them. , - , . t t Mr Lysnar; There is no hope of tn» s >

Your Honor. His Honor said he was sorry to impose the expense, and equally sorry that arrangements could not be made by which the Court would not be troubled with it later on.