THE "SECRET" CASE.

King Country Chronicle, Volume V, Issue 362, 20 May 1911, Page 5

THE "SECRET" CASE.

MA.CJDO N Al. D UEI -EAS ED. [I)Y TK.I.M. HAI' li. i'lll ;S I \ I'll IV. ] Welling ton, Luyt N Application for discharge from the writ of attachment, against '! homns Kennedy Mac Donald in the case oi Rose and others v. MncDonaul was heard to da>, before Sir U tout and Justice Chapman. !'r:> fe.we t, McGavin, t.i 1 mr t\ uwi\ who examined lU'leinlant at plaint.il!.! request, in adidavits all agreed, more or less, with the atlidavit of IU Hij]op that defendant's health w'as such that a period of incarceration might have a a.-nun* effect., as any mental distress might cause an apoplectic seizure. What, would cause mental distress? It depended on defendant s temperament, and it was imposyiblt for them i.o otVor any opinion on this. iVlac,Donald, in an affidavit, said that before the proceedings were, made public, lie had oil ei'ed plaintitls A._t)oO .cash, and the balance in instalments extending' over l.hree years. »ini.e then the. publicity given had practically ruined his business, and he was Unable, novv to raise that som. 11a also still believed there was a syon of Jt.'ioOO owing him for commission in the estate. After Messrs Treadwell mid I.'lair had addressed the Bench, ithw Bench stated they, alter consultation with other Judges, considered they had pirisdiction to deal with the discharge, in view ot the affidavits of plaintiffs' doctors. They considered jVlacDonald's life might be imperilled tiy a period ot iieteni.ion and i.om>e.quent; mental distress, and granted the application for discharge. the plaintiffs slilt bad recourse to criminal or bankruptcy proceedings. ftlac[lonald was ordered to pay in cash the coutsJ of the present suit.