DOMINION ITEMS.

Hokitika Guardian, 24 May 1924, Page 2

DOMINION ITEMS.

[BY TELEGRAPH— PER PRESS ASSOCIATION'. A BOROUGH SURPLUS. / PALMERSTON NORTH, A fay 22. Palmerston’s municipal year ended most satisfactorily with a surplus of over £5009. Tlie Borough Council decided to reduce the general rate by a halfpenny and also reduce the price of gas by three pence per thousand. “MAN IN THE ROOM.” WAITRESS SHOAYS FIGHT. WELLINGTON, May 22. The plucky action of Aliss Mulligan, a waitress in the Duke of Edinburgh Hotel, who hearing a man in her room on Sunday night, challenged him, pursued him to the lounge and there hold him until the arrival of assistance, resulted in the appearance liefore Air TV. G. Riddell. S.AL. of Frederick George Smith, alias George John Burberry, aged 39.

He was described by Sub-Inspector Cameron as an escapee from AVaikutic Prison and a declared habitual criminal. Three charges were preferred against Smith of theft of jewellery valued at £3O.

The Alagistrate highly commended Aliss Mulligan on her plucky action, which led to the prisoner’s arrest.

.Smith was committed to tlie Supremo Court for sentence. A AVI LL UPSET. AN INTERESTING CASE. PALAIERSTOX X., May 22. Alter occupying the time of the Supreme Court for throe full days one of the most extraordinary will cases in the history iff New Zealand concluded before Sir John Salmond and a special jury of twelve to-day, when the jury decided that the deceased. James Leydon, was at the time the will was signed, not capable of making a will anil the document therefore was-de-clared invalid.

The case was one in which Alichael Ix'vdoii. farmer, of Hawcra, proceeded against the Public Trustee, Robert David Rolston. farmer, of Levin, and Kalnikore TTurinui. a native lady of Levin, seeking a declaration that the will was invalid. Deceased, James Ley don, was a Roman Catholic, and the defendant Rolston.and liis brother are Plymouth Brethren. The estate is said to run well into five figures.

Evidence at the hearing showed that Leydon, who died on Alarch 22, 1923, bad lived many years among tlie Maoris at Levin. AA’hen lie bad a seizure on Alarch (> the native defendant, on whose land Leydon had a wharc, P nursed deceased. Leydon became para— ■ lysed in the rigid hand, and also speechless, and Airs Hurunui took him into her house, where she one day asked him if he wanted to make a will. He nodded assent, so she got the defendant Rolston, a neighbouring farmer, and the latter, after discussing how the property should he divided up, drew up a will in favour of Airs Huif--1111 i anil himself. Leydon could not write. Rolston, a brother of defendant, put a pen in liis right hand, guiding it over the paper. It was stated in evidence that Leydon had a prejudice against his relatives, and said liefore his illness, 1 T^* v ~" will buy an old hulk and tow it to sea with my relatives and money on hoard and blow it up.” His Honor held that the signature was not Leyden's,' but Rolston’s, as tin; latter admitted that lie received no assistance in the actual movement of the hand when signing.

Evidence of the defendants, All’s Hmimii and Rolston, diverged, the former saying she suggested to t.evdon that lie should make a will in favour of her alone, and the latter declaring that she said to London, “You make the will to me and Bob.”

The jury, after a, retirement of twenty-lice minutes, decided for plaintiff. Costs wore allowed plaintiff on the basis of a claim of £BOOO.