WARDEN'S COURT.

Inangahua Times, Volume V, Issue 21, 16 January 1878, Page 2

WARDEN'S COURT.

Tuesday, Januaky, 15-rn, 1877. (Boforo Mr Warden Shaw.) CiuarouD anj> Otiikih, ani> the Dkfiai:cb Company. Mr Pitt; with Mr Roid moved for a ro-hoarins of tho application for tho can* collation of tho abovo Company's lcise, on tho ground that since tho eloso of tho last hearing evidence had been obtained by tho applicants of a material character. Mr Moss on tho pat fc of tho Defiance Company, movoi for an adjournment on the ground Hint tho pnpors in tho case had beon deposited with Mr Guinness and that tho hitter was unablo to attend. Tho Warden said thoso applications for adjournment owinß to the absence of par* ticular counsel were hiuhly inconveniont. Mr -Moss said ho hud been undor the impression that as tho matter was purely ono of law it would havo been orguod in Oliftti'borx: He hid not been instructed in tho case, and thoxeforo was unable to proceed. Tho Warden, after further discussion said ho would hear the application, find in tho event of sufficient grounds Iciii^ disclosed for n ic-!ienrin« ho would then tako Mr Moss' application for adjournment. Mr Pitt then opened tho eo«o for the opplioants. Ho road tho nflldavit of Cliftrloa Clifford which set forth that sinco tho closo of the former heariiiK ovid'mco had como to li^'ht of: a most important nature, and which in effect attacked Iho truth of nfft.luvits filed on tlio other aide by LouN Davis and It. W. RailUby. I had been deposed on oath upon nlfidavit by Davis and Raithby that tho sac of the Dcfianoo mine to tho latter was bona fide and out and otifc, and tlmfc that thoro wns no understanding that corlniu sharcholdors of tho Di-'finnco Company wore to be ro-ndmittod to tho new utvlortdkimj by Raithby. This fact, it wa.« alleged, Clifford and party wero now in a position to prove. Evidonoo would bo tendcrod to show that Davis had told sover : il persons thai; tho sulo to Raithby was efKioted with tho object ( f avoiding certain litigation thon pending against tho Dcfianoo Company and that there was nn unilorstaml" ing that Raithby was to givo shares in tho Victory Company to certain slia'oholrlers of tho Defiance Compnny. In short it had been sworn both by Davics nnd Raithby thnt there had boon no oon< S'lirncy or collusion in She tmle in question and tho truth of this assertion the appli* cuits wore i ropnroj to attack. Tho Warden after hearing Mr Pitt at somolenr-th, said ho felt that, sufficient had boon disclosed to call upon Mr Moss to answor. Mr Mors said he could only again nrge his application for an adjournment of tho easo to allow of Mr Guinness being rrcscn I.1 '. Mr Guinness had got all the papers in the case, and tho caao for tho Defiance Company could not, therefore, bo proceeded with in h : s absence. Tho Warden was at ft loss to understand tho position taken up by tho defendant's. Hero wae n direct attnek upon tho voracity of two gentlemen, in fact a direct charge of poijury against them, and they had not thought it nocossary on thoir part to file an affidavit denying tho charge against them. Ko did not know whether they were in the habit of allowing allocations of such a gravo irntuvo to go unchallenged, but should hope not. If tho adjournment wero granted ho trusted tho partios named would sco tho nooo.s> sity of answering tho uhargo made. A direct, imputation had boon morlo against their oaths, and it was incumbent upon them to spare no effort in clearing themselves. No sufficient grounds had beon shown by Mr Moss for nn adjournment. The substancoof his application soemed to bo that Mr Guinness was unablo to attend. As for tho stitomont of the pnporß being in Groymouth tho Court nts fcnehod no weight to that, as thn papers appeared to consist of a copy of tho affidavit now boforo tho Court. Tho Court wag at. nil t/nnos willing to meet; tho conveniences of counsel in .-very reasonable niano ncr, but these applications for adjourn' menli wore, becoming iriconvonioutly Crequcnii, and it wns timo that somo rule should bo kid down, Tho public business could uot bo delayed timo after litao, and

suitors lccpt hnnginß about tho town nimply becauao of tho nbsonco of somo pet foreign counsel. Tlicro were now three resident professional Rcntlomen, nnd they wcro fully oorapotcnt to take any business arising, and that boing the enso it must be undorstood that in futuro no adjournment would bo granteJ owing to tho nbacnoo of oounsol engaged from a dis« tanco, and ho trusted the gentleman of tho Pross present would make this dotorminntion of tho Bench public Tho adjourn', mont would bo granted in tho present instance, but it should bo clearly under* stood that it would bo the last timo su:;h a concession would bo mado. It frequently happened that tho Courts both hero and in tho Grey Valley wcrp inconvenienced through tho absence of counsel, nnd ho was now bound lo mnlco a definite rule on tho subject, and it should bo elenrly understood that iv futuro ho would not allow tho public business to bo delayed for any counsel in New Zealand. Application adjourned till Fridny next upon tho payment of £2 29 costs. ;r „X.U,aJ3ourfcJhon adjourned.