SUPREME COURT—CIVIL SITTINGS.

New Zealand Times, Volume XXXIII, Issue 5402, 20 July 1878, Page 2

SUPREME COURT—CIVIL SITTINGS.

Friday, July ID. _ • (Before his Honor the Chief Justice and a special jury.) WILLIAM HALE y. JAMES MOLLOOLY. Mr. Travers, with him Mr. Edwards, for the plaintiff ; Mr. Hart, with him Mr. Buckley, for tho defendant, The following special jurors were sworn : Peter Laing, J. W. Allan, William Fife, Ohas. Bouuington, 0. W. Capper, James Taylor Hirst, Charles Adolphus Deacon, George William Dutton, S. S. Griffiths, George Fisher, David Ramie, and John Moore Richardson. The parties to the suit were neighbors residing near Gisborne, and there had been a great deal of litigation between them about a boundary fence and a drain or creek. Plaintiff had moved a part of the fence, because on the place where it was originally *put it was destroyed by floods, and in erecting it he had used four rails and a few pieces of wire which had formed portions of it. For doing this the defendant had summoned Hale for committing a felony. The original fence had been put. up by the parties to the suit, Hale doing one portion, and Mullooly the other. In making the alterations Hale cut off about,fourteen yards of wire from the fence put up by Mullooly, and threw it on the ground as waste wire, but did not use it. The charge of felouy brought against the plaintiff was dismissed by the Bench at Gisborne. Plaintiff claimed £IOSO, for expenses of the case, and for damages for malicious prosecution. Tho plaintiff briefly proved the facts. In cross-examination by Mr. Buckley, the plaintiff said, I am an interpreter aqd native agent. ' *. Mr. Buckley s Are you a prominent member of the Repudiation Party?—l am connected with Mr. Rees, of Gisborne, the solicitor. Arid with Waipere ?—No ; the Repudiation Party originated in Napier. It has been remodelled, and is not a repudiation party now. You are, I think, living with a native woman ?—No. •

"feu had been ?—Yes; before the action. You are occupying land which she claimed ? —No.

How did you got possession of the native land ?—Leased it.

Were you not until you joined the Repudiation Party living in a Maori pa?—No; I was living in-my own whare. There is a native pa about half a-milo distant.

When did you join the Repudiation Party ? —I should think it is three months ago. Was your opinion of the damage increased since that ?—No.

The evidence given iu the ease was not important, and it was altogether a very trivial matter. The plaintiff when summoned had not been placed in the dock, and ha went from the Resident Magistrate’s Court without suffering any imputation upon his character. His Honor, in summing up, said it was not a case for heavy damages, and it was very much to be regretted that the parties should have come so far to try such a case. The case could not have been brought in the Resident Magistrate’s Court, and therefore it was necessary. to'.come to the-Supreme Court. It seemed to him that the defendant had no reasonable or probable cause for setting the criminal law in motion. Ttie jury, after being absent from Court for a very short time, brought in n verdict for the plabit'ff, damages £2O. The Court thVu rose,