SUPREME COURT

South Canterbury Times, Issue 2428, 29 December 1880, Page 2

SUPREME COURT

CIVIL SITTINGS. Tuesday, Dec. 28. [Before His Honor Jr.dgo Johnstonand a jury of twelve.] Alexander Godsell v William Wood .Mackenzie—Claim. ToOO damages for malicious arrest and imprisonment. Mr Hamersley for plaintiff, anil Mr Smith, instructed by Messrs Perry and Perry for defendant. ihe plaintiff is a farm laborer, ami the defendant is local manager for the National Mortgage and Agencv Company. _ The facts as deposed to" by the plaintiff and his witnesses were to the effect that Godsell and a number of others had been in the employment of Walter Allen at the Three Springs, station, beyond Burke’s Pass. InMay last their wages were largely in arrears, a sum of Too 12s lOd beinoduo to Godsell, and an arrangement w;is. made with Allen whereby they were If> have a number of draught horses assecurity for their money. On May 2(3 a Mr McCaw arrived on the station and" told Godsell he was to hitm as manager. A week later— on June 2 1 —McCaw knocked thm off workpromising to pay them for tho week during which they- were under his orders, and uddrng that they would be paid their arrears but he did not know fty- who in, at the same time asking- them to, reyiain about the place till he would see whether the work was going to be continued and ploughing resumed. A day ov two afterwards McCaw left the .

station, and at 1 o’clock on the morning of Monday, June 7, the plaintiff and eight fellow servants took possession of fourteen horses and commenced to drive them to Timaru. for the purpose of selling them, and thus obtaining their wages. At the Cave they were met by McCaw, who asked them why they were not at work, and who told them to take the horses V They replied “That’s our business,’’and said they had possession, whereupon McCaw said something and rode on. They took the horses to Saltwater Creek where they were met by McKenzie, the defendant, and some men. The horses were claimed on behalf of the Mortgage Company, but they refused to give them up. On the following day, June 9th, McKenzie and some 40 or oO men put in an appearance, and endeavored to take the horses by force, but were resisted. A clerk belonging to the National Mortgage and] Agency Company intimated that they had a bill of sale over them, and plaintiff and his mates offered to surrender them if the bill of sale was produced. McKenzie returned to town, swore an information before Mr Hall, J.P., charging Godsell and tiro - others with unlawfully conspiring and seizing tie liorsps with intent to extort money, and upon this a warrant was issued and they were all arrested and lodged in the lockup. There they remained till 11 o’clock next morning when they were brought before Messrs Hall and Woolcombe. An application was made for an adjournment of the case to enable a witness for the prosecution to be present, but the Bench having heard McKenzie’s evidence dismissed the information and the accused were discharged. It was alleged, on behalf of the plaintiff, that Mackenzie, when he swore the information, had no bona fide intention of prosecuting, and that the extreme step he took was merely a ruse by which to get the plaintiff and his mates arrested so that he might obtain possession of the horses.

A considerable number of witnesses were examined, including the Clerk of the Court, Mr Hall, Sergeant Haldane, and the plaintiff and his mates. Walter Allen, formerly owner of the Three Springs station, gave some important evidence. He said that when McCaw arrived on May 20, he knew that he represented the Mortgage Co., but nothing was said about taking possession. He told the men they could do what they liked with the horses. McCaw read no document, and did not state that he was taking possession under a bill of sale. Witness owed the company about £20,000, and lie gave thorn a bill of sale to cover the advances. The men applied fur written permission to remove the horses, and he replied that he had no stamps, beingunder the impression that a stamp had to be allixed. He filed a declaration of insolvency on June 7. This was the ease for the plaintiff; [Left sitting.]