WELLINGTON.

Hawke's Bay Times, Volume I, Issue 14, 3 October 1861, Page 3

WELLINGTON.

SUPEEME COURT. Friday, SnrTionmu 20, 18C1. Carl yon v. Anderson. Before Tlis Honor Pudge Johnston, and a Special J ury. Mr. Robert Hart appeared for the plaintiif, and Mr. Izard and Mr. King for tho defendant. this was an action brought by Mr. F. A. Carlyon, barrister-at-law, to recover damages, laid at £2,C00, from Mr. David Anderson, for having uttered certain slanderous remarks to and concerning (he plaintiif. After tho jury had been sworn, His Honor suggested to the counsel whether there was not a course open for them by which any further progress in (lie case might be obviated. An apology, it was understood, bad been tendered, but it was one tb.ii g to ofhr an apology in private, and another to offer that apology before the Court and the public. The counsel retired to consider His Honour's suggestion, and, on their return into Court, afl;r an absence of about hnlf-an-honr, Mr. Llart said that (hey wevo grateful to His Honor for ll:c opportunity he had afforded them to come to terms, and he was happy to say that they had succeeded in doing so. Mr. Izard stated that an apology had been accepted on the part of the plaintiff, and it had been arranged that it should be read in public.

It was as follows—- “ On the part of Mr. Anderson, the defendant in the above action, I am instructed to oti'er an apology to (he plaintiff for the language uttered by the ce'eiideul when in Macintosh s Hotel —also for tils words used to Mr. Join Johnston and Mr. Howler —and which the defendant admits to have been quite unjustifiable. lie regrets that he at any time used offensive language, and is willing to acknowledge that be would not have done so had not his feelings been much vexed by the iirJaliug language used by Mr. C’arlyon to him. iam instructed also to add that he is wdlug to day all c .sts incurred in the first action. La-li party paying his own costs of the present action. A juror being withdrawn by consent. llis Honor said he was gratified that the counsel had adopted this course, it would prevent much scandal, and bar any further proceedings i n this ease.