A BARRYTOWN FEUD.

Hokitika Guardian, 5 August 1924, Page 4

A BARRYTOWN FEUD.

I UDD.M ENT C'F JUSTICE .'.DAMS

C!iK\ MHUT'II. Aug. !

Another I pis., do in tlm 1.-nd i.f the B-'-irke-, el B.nryii.wn chise- with the d li' ty o| ti,e re.-eried jmlgnieut by -Mr -I a- 1 -me Adams, in the appeal of Catherine Pnurke against tho decision

of Mr W. .M'-ldriiiii, 5..A1., in hinding over 1.-.ili John I’oinkc and John l iuike junior, two witnesses called in support of le-r case, to keep the peace,

as the result of an assault in which ■! she "as ilm inlorinani and Janie.' o B-oirk.- the .I.■!i-li:litiit. The appeal, ' v.lich "as In-nil at i In- last sessions el lhe Supreme Oourl at Oreyii'.oiith, ti suite.l in the .Magistrate’s decision l.eing rcvcr-e.l. Air W. I’. McCarthy appeared lor l :h ■ r.ppcllmo, ;ml .Mr W. J. Joyce 1 I: rti I'c- -oil lent . 'ln lias ia -c no complaint had heen made agei:i-t either ol the appellants, sla.ii d i lie lodge in the course of his ' jiiogici iii ■ tk-v "oiv not represented by conn--. I. I hey were he fore the ('••art ;c- witnesses only, and "lion giving e.iih nce would be restricted, to an- v. -.-■ ii:g l li-.- i.Host intis put t i them. TI-.-v v.. iv ui called upon io answer miv cli.irge, < r gi\rii attv opportunity to show (ait»e v. hy the eiders should not I ■ made. In iho-e circumstances there '-as < lonrly no jurisdiction to hind over the appellants to the peace. The ui ok- proceedings were coram noil jtidice. ami the on! -rs null and void. It fidlov. oil. 1 1 mn "dial ho had 'aid thal tin- appeihints had mistaken their remedy amd the proceedings should have heen hy application lor prohibition or certiorari, and a- that objection was I taken by tin' respondent, lie had no option but to dismiss the appeal. ft 1 was an unfortunate but unavoidable ' result, but in this ease would probably ' have no injurious eonseuiienees. ruder the eireum-tames. no order 1 for costs would he made, concluded the judge. *'