TELEGRAMS.

Hokitika Guardian, 2 May 1922, Page 3

TELEGRAMS.

|H r 1 FJ.I'Gf: A »M| »■•'!* 1 IU.N

APPEAL COURT.

WELLINGTON, May 2. 11l the Court of Appeal Air Ostler continued his argument on behalf of respondent in the Smallfield ease. The. appellant must rely on the evidence of Mrs Smallfield as to her husband’s state of health after he had influenza. The Judge at the trial, had however, rejected that evidence in so far as it canid be interpreted as meaning that Mrs Smallfield had said her husband was never so well after be bad influenza. All the evidence was consistent with Smallfield’s complaint having been incurred after he had signed his proposal for insurance. The earliest direct evidence of any complaint as to his heart was at a period four months after the date of the proposal for insurance. He submitted also that the Insurance Coy had not discharged the onus which lay on it of proving misrepresentations or non-disclosure by Smallfield. The witness to the proposal for insurance and declarations therewith, had not been called. It was essential for the company’s case that this witness should have been called at the trial. At the trial there had been no suggestion there should be a new trial or that any further evidence should be called. The whole matter, when the jury was (I s- : charged, had Is'Cn left to Justice Stringer. j steamer, loses propeller. AUCKLAND, May 2. | A wireless message from the Navua. | which left for Suva at neon on Monday states that she has lost her starboard propeller and is returning to this port. She encountered bad weather last night and is making slow progress, She hopes to arrive at daybreak. Tlncoutpaily hopes repairs will bo affected to permit the Naypa to sail again ptj Friday.