The Horowhenua Case.

Manawatu Herald, 12 August 1897, Page 2

The Horowhenua Case.

« SIB WALTER BULLER WINS. Wben the action, Public Trustee v. Sir Walter Builer and another, came od in the Supreme Court yesterday morning, Mr Cooper on b >half of plaintiff, unreservedly withdraw all allegations against Sir Walter Duller, and admitted there whs no cvidt-nce to support them. The ncion was technically to test Sir Walter Buller's title to two small sections of 11 acres, and his leases and mortgage in the famous Horowhenua Block, but there were also in the statement of claim charges of fraud. Mr Cooper said they could not be supported, and Sir Walter Builer was completely exonerated. Neither was there any evidence to show Sir Walter Bnller had notice of any trust on Major Kemp's part. It was the duty of the Public Trustee to make this statement to the Court, and they would submit to a decree that his dealings with the land concerned were valid, and entitled to be registered. It was suggested Bartholomew's lease should be included, and the other side assented. For Sir Walter Builer,, Mr Bell, alluding to paragraphs in the Wellington papers stating the action had been settled said he wished emphatically to deny this. His client had resolutely refused to listen to any •jettlernent, and consistently and persistently claimed to have the charges against him investigated by the Court and no later than Saturday he had intimated, in reply to a letter stating the plaintiff would call no evidence, but rely on argument on law points, that if this was done, Sir Walter Builer himself would call evidence and insist on the charges being gone into. What they had just heard from Mr Cooper was a voluntary withdrawal on his part, and not the result of any arrangearrangpmenr. Mr Cooper agreed Mr Bell's statement was correct. Sir Robert Stout, on behalf of Major Kemp said his client was being puni.-hed for being honest and because he bad the temerity to insist he was a trustee. He asked for full costs. Mr Cooper pointed out the Publio Trustee was a publio official, directed by law to bring this action. Costs should not be more than according tO ROftlp. Mr Bell also asked for full costs; This <-a -c was not merely a question of a fow acres of land, but involved iH3Uft3 of the utmost importance to Sir Walter Builer. The labour had been enormous, and the cost of typewriting alone amounted to nearly £100. After further argument, the Chief Justice said both defendants were entitled to costs. The amount and also the terms of the decree could be settled in Chambers.— Press Association.