THE MACDONALD CASE.

Manawatu Herald, Volume XXXIII, Issue 994, 20 May 1911, Page 2

THE MACDONALD CASE.

DEFENDANT DISCHARGED,

OWING TO STATE OF HIS HEARTH.

Wellington, May 19,

The application for the discharge from the writ of attachment against Thomas Kennedy Macdonald, in the case of Rose and others v. Macdonald, was heard to-day before Sir Robert Stout and Mr Justice Chapman. Drs. Ewart, McGaviu, Herbert, Gilmer and Cahill, who examined defendant at the plaintiffs’ request, in affidavits all agreed more or less with the affidavit of Dr. Hislop, that defendant’s health was such that a period of incarceration might have serious effects, as any mental distress might cause an apopletic seizure. What would cause mental distress depended on defendant’s temperament, and it was impossible tor them to offer any opinion on this point. Macdonald, in his affidavit, said that before the proceedings became public, he had offered plaintiffs ,£2OOO cash and the balance in instalments extending over three years. Since the publicity given had practically ruined his business, and he was unable now to raise that sum. He also still believed there was a sum of owing to him for commission in the estate. After Messrs Treadwell and Blair had addressed the Bench, the Bench stated that they, after consultation with other judges, considered that they had jurisdiction to deal with the discharge. In view of the affidavits of the plaintiff’s doctors they considered that Macdonald’s life would be imperilled by a period of detention, and consequent mental distress, and they granted the application lor discharge. Plaintiffs still had recourse to criminal or bankruptcy proceedings.

Macdonald was ordered to pay the costs oi the present suit.