SUPREME COURT-CIVIL SITTINGS.

Southland Times, Volume I, Issue 22, 21 July 1864, Page 3

SUPREME COURT-CIVIL SITTINGS.

„ r . - Tuesday. 19TH r JuiY, T 1864. j .li I (■ *V -->■- rf A ■'•.■■'l>'i-:*.-t- AfZ y ■'■{■■ 4 : ' ; ' '{■•■■' * *' ? ; M£^ ifis Hohor- • took _& seat on the' bench punctually at 10 o'clock, ba the Resident Ma'gis-^ ZtMf&Clm&WytifoiTd A%i .A : Y;r j ,. 'MACKAY V.- COJJTOS'. * ** -i V The trial of this caude was resumed, j TijDotaal&^ Mr.[ Barton, further deposed— l do not profess to "Be a very (rel^iopsf.-inan.yj i ltjhas tV been i^.ha ! bife.to remind people' of a 'future* state. I's'tijl';. believe in Mr. Mackay's 'innSe'ehce? 0 - I^^ 'M^'Vp'inibh I ' 'vrbuld be changecUhad.:I r ,seen Jphn f M'Kay coming out of lier bedroom: 1 * Ho is %^* 'a 1 reh^ous majn, aiidill cannot say that he is given to r driri_> aii'd- women; and all that sort of thing. Ibelievp.he jlid;:tb*a/; J certai£'¥xtent/ di^lP'Vhd^baugh^himjself. I never saw him drunk, ly-ue-idrvSil weal i deal of his money on women at the diggings ?* { . ; . ■_.. 'Pf Mi^jHli^Bjr-— I Ydpn't rade£s|*ml : |h6Ws.;thi&o evidence can' have anything to do 'with th-^ case. His Hbndr'— It isjl-can see, for the "purpose of testing i.the witness'^'utlifuhiess. 1 ,y« " liave been told'bf it by my brother^ in-lai^, Y D;6ii*ld'-Mo?ay;yl don't|;know tha,t Mr.Wiisbnsle|>tl« ; M'Eay''s house. * I might'h'aye' "hcard'that hre'did';' but Tcamtot' recollect. Mr. - "V^ilson is,„ l,. believe, la,rohgid!uff..jnsi*s,1 a,rohgid!uff..jnsi*s, jM'Kay-ftoid-me<%&' nearly- bieat-ihishvife to detfthi Scott was,there..when,l w,as visiting.... He seemed to be on verv ? Mendly' terms Vifch ! Mr. M'Kay ;\ he) Was; npt so'with .Mrs.,-M?Kay. , ; I*- never; preajched to 'ScbtVorariypn^^^ here' read a portion of mtn'ess'*s 'letter, 'of a very religious iand; Bolemttfftone),y-;Tn;thi^^^ him <(Scott),( about John, M'Kay. living there, but not about Mr. Wilson. si ' I'li^br Ibctiir&i Scott. 2Tever saw rMrs> 'WSKyyp being 'kissed by ihim.] him ! "walk with herY I could "believe 'nothing .else,'- -but* )that,- M'Kay) hadT misinformed («■ when_ he_s.aid. that had .kissed. . liisr.wife,'. "as I made inquiries, and made| myself vcertain-.prf the -point. - rlneyer told/ my- wife that ''M'Kay w»s watcinng'his wife. I never' suggested to M'Kay the- plan AbfAttyrng to induce her to confess her guilt by- taking her" to his tent and sur.--'prising her.fi 1 swear- tiiatils Sever I told my -wife of M'Kay's position with his wife. He hored auger holes under my bed in order to .watch what fenton in the kitchen. '- Twas not on soifriendly 'tetrad with Sirs.. M'Kay 'as' 'with. himself; Mrs. Coutts went to Pindlaysoh's by? her 'own desire. "Oh-the 22nd 'October; at night,' !: Mr sY M'Kay and Mrs. Coutts were up stairs chatting:' ; ' I heard •them.c Iwas by the fireY:.- M'Kaylwas writing, as he -often did. I went out of the house for a few minutes. I came in as I went out. This was about nine. or ten o'clock. • I was, not behind the closet door when Mrs. M'Kay was holding it against ;her husband, yiz don't recollect if. Mrs. M'Kay came" into the parlor that evening.! Next morning, Mrs.v ,M-'Kay wished to go to Pindlayson's with' Mrs. Coutts. She wished vtovtake'-- thei bhild, but-'' M'Kay i would not allow it, and his wife in consequence, remained at home. She wished to go. ( . Mr ; M'Kay spoke to me as. usual that morning. ' Mr 3. Coutts wehtHo Mrs." Fihlayson's without tlie intention of staying, any length of time.^ It ; did not strike me as dangerous for me to stay in the housp, even althougbvMr. M'Kay was S p very jealous of His wife. I can't recollect if I went to Barclay's that night. (Witness then, hesitated,,. ahd afterwards said), I did go to' Barclay's -that evening. I refem-ned next day. Mrs. Barclay sent to see old .Mi's:. M'Kay.- :*I sent John $unn.:to;fell Mrs. Barclay how " granny " was. The servant girl ( was acrossto Mrs. jWilson's. It. was, Sunday.- 1 I ' did not go to church. I don't think therp was a church held there. I did not inquire). I ! did not L gOto see 'ihy wife that day, as I saw her on the. previous day. I put the calves into the paddock' that -* dayl " : The - paddock was in 'the opposite dh*ection to the house. The calves were there. It is not impossible' that 'the dalVes' were ■"■ there, -as ' the fences were broken down. I did not see Mrs. J M'Kay. M'Kay could not have seen me ; making , signs to his wife,, because. I chd not., I .was about an* hour 'and a; half 'putting' the calves' away i. . I. j returned by the bush tp see , the survey lines for the township 'ahd'the'ei-eek. I did not meet Mrs. M'Kay there. When I came back I went to the stables to feed"" tFe horses. I did not see Mrs. M'Kay,there. "VVhern. I went to the house I did not remain ah hour iri the parlor alone with Mrs. M'Kay.. When M'Kay came in my dress iwas not unloosed.' I did not hold up a newspaper before me to "enable me 'to adjusrmydress; nor did I: go to. the ; door to .do so.-- ., I had been seven; mon ths there. ' T was* not ; to 'the creek' before tliat time. I told G-unn, -where he ; was working I had - been lost "fpr' about' half an hour. I don't know if Mrs. M'Kay- lost herself in the „bush. that day too. .I.did i not see her. '. I left 'M'Blay'fs' hbuße* because ' Gruhh told *. me that "'One* or other of- us would ; have to take j care of Ourselves, as M'Kay was getting jealous, ; j I said, '"If he thinks its me, Til go at ohce."- I then re-collected-a change in M'Kay's manner, and went away. Some two-days' after', I returned, j I had Tiqt seen; . my ' wife, ! or Yheardo frpm .her, as to "her. health,, in' the; interim. She was in v6ry poor heaitH.' T never thought of going. I sent jmy wife OTer^fbr my things: T"don't"recbllect"'if I sent a note with. her. Lhad- seen Donald M'Ka-y in the interim. John M'Kay was then negotiating for the purchase of Donald M'Kay's land. jDonaldM'Kay intended, selling out and leaving the couritry. 'It was for' no' pecuniary consideration that Donald "M^Kay should be locked up. ! I spoke lto Johniof- -Donald's ; being adunatic, the j day before I went- i-fco.. his house for my things, i It was {only respecting;! his jealousies with hisvfife that I- considered him insane.. . I; . intended to lease - the;,land.:froni, John jM'Kay. My wife may have steted-.tp Mrs.. ; M'Kay that I ■ would call on the day rV of.the assault for my things. i-'_m_i6-''a-Warfe' that'" ffi*Y.;M'Kay'wa:s told of it. I might' have' I 'kerit' some" other person | for my ■■things. 'I wished; to. see "grannyy'' tojbid her good-bye, as -Twas prepaiungito set off for- Canterbury. I did go in the Phcebe two -or - three days after the. '.[, tying. ,up " ... of-MlKay., ..When ; I- .went for my things, 'l did not wish to . enter, .the house. I went into the hall Jo see if I'could geta jspur of nune~^M^h"WaFlefif' ttore". J, had" seen Mrs. YM'Kay that morning, as I was 5 standing at the door. WhenylPstepped in, M'Kay ordered me 'oiit, and^L'wentY:' I did not^y that the house was mirie^^XMd I-^beheved, that it wasjnothi3. *I made no resiiance!* '" -Mrs; M'Kay 4 did jnot ask me ih YY< She" asked fbr Mrs". Coutts and the children. -M'Kay was there, l and got into a passion on my" talking to'hfi'wifeYLTVY ASS A) A ' ■ :) " Mr.' Barton.— How did Mrs. M'Kay know what M'Kay' saiel to you on.' the subject of thejre being <np virtuous -syoman. in itherworld ? ] ' ""'Witness.— lhad onbneoceasionmadea cbnfidant of my wife, and~she might have told MrsiM'Kay. , Gross^examiriatio^ pot-- call himia vilel and spiteful sinner,* ? He bhiit the hall door,- and commenced a fighting 'attitude and language.. T.'tolddnm,to,.bj} i qinet,. andthe did at that time.beepme quietrbh his mother coming out of hei; hpuse' on account of the .noise. He; went to : 'her " : '"ify'fa'ce' waa ;blee'dihg'. & ' I' ,showed j this to Dr. ffi'G^^'t&fti'tiamßL'X &ld' f Mr. jWeldon i: ' 'i'ti^ranmjMibher bf^P(s(*b;'Y/i'bannbt r ß^ea? that "I^ldrMrl'Pi-ceY'the Besident, Magistrate, ln ' 'the :^uffle;]S^;'ii'Kay hadher'' haiids.pn'he'c bus- ' - : barid,.' ?n Sh:e'was tr^gYtb .-quiet hiih: j Nobody ' 'had^irSands.btflnS throat:, JM'Kay' sj wife lay ! across hisebfest/' I' tied _as"'TOists;.'at''h^ I ba^^ : 'but^nbT^tpb lf tigh£ -"'i^awHMiharkbf .jhis teeth ,on Ms^wife's^eefc ;^was^lyin|#hep m tiie t 'suh!."'Y~ 'A. y A AyASiiizS.Arj-z-S „.,,.;} , . , '." jais'.H6hbr.--IthiiA the jury' deserve to be m- ! ' fprmecl^why. &c m^ "^'.^^B^ completely in • ypiir power,', was; noi ;re^pyed 'lhtb* his jUOUse, and ! ! oit|bi"thejS*un/s"h^tY7--Y;' V •,"'',- is [ j h : H SyfißmsAS- jOfy yiMni6vleaym^.h^:there was ■' I'mfconsequence of his'bec^n^g'more'jCalln, and J : 'did'not'like'B-iSita^B^ , #j d i mmdiUt^m l ß^ i ofxpmd^ \ \ l , >' my you, he -it .^^efiM^dS'^aythat. . . - P continued.— l heasd GJ-unr .€ hfcwiafitafatlia mmm** »3.S»atic. • Johh M'Ka 3 lymoi .siaTO4 :. I

\....j;t.. ..,,,'U81. ,».,..,' „ !..!I;'r.-..'. '''.!'",. f.**'"'. i: ■. '■■■ and I |^djine;Ve^. i said to hhn that when Donaldji jwas looiied would be taken -into our" employment. _" . ■""' S* '"''■'""" .' ' ! '~~"~ >M C ___*:. _S^i,^j_Q„;:-W_ali^wM^to.be dbne r wjthf .; the .popr^a^.^Sayj?i-f. ; y ...-if-"-----; Witaetei-^rlha^ho'tlioughtof that, i ! ; o^ ffis^oflor,— lhei;,, we v are., { tp that '. \ you did all you could to mcarcer^te M'Ejtiy with--, „j : out making any ,arrange^ '" l '". Witness.— -3E dicThbtj' at the^'timei 'thinkjof thisy*. oi „ (>oss-examhiatbft'^ n^tipro-^ ,; ■6est, at the''R , esment.Magfsfe*ate'^^ that It" *! I was monstrous 'tKat^hiy^ -*}sritne6ses . i was,p*6,t-token.,. I. s.aw^)^^n^|ie s ' si&eets the sam,e u ,; day^''''_/was'' jHoJlV^aid'pf, him? '"' ( '''i'clid not wish ; him loc_*eQ ! 'i£p> i i^.pr^ or rent ; \ ■-J\iBilandi vl'did'oot'seVM^ Dimedh}.. y J3he! jfid; ; npt_,_infpHi_ on her husband as a lunatic 1 , -thrai, , ; I.did not know of it*. 'r J i/"\* ' * Re-examined." — I laid no" plan previously to,. irritate* MJKay,- in. order jthat h^migllt' bej charged- v i with 'h^acyyy I^hVa^np/^phjeiptat all to ( gain in < locking him. iiip. ' ''"' i,'./ |» I •"*•-'■-'■'''''•" . y Yi _&s.. : Jessy, ;i Hargin.,^deposed ,'tp Mr. | Donald 1 J M'_uiy having "'threatened;'; tp.'jt'a-e' his oWh'life'*^ 1 also to Mr. Wilson's visi't'to'the house. Being fa'.;. >] -.yery«wet night, he , had asked , if -.h^-might remam i / to|,', the night, ' which permission ' was igranted. ] j^en'Mri'M'K'ay'was^ slept .< .with Mrs;" M'Kay. '". I did so ,the ,night ofiMr,- i< .:Wilson,Sjyisit., ;i \;o-.sT> y ■•...■ ■<>! .-ii.; * * ' • ' s () prpss^extuhihed -.hy;]^'. Bavfon.-^-pid.you ever i see ahyJo^.J^!..Wilspn's^cohduct't6 Mrsi M'Kay ? I His Honor did. -not see Kow evidence aslto Mrs. i .. M'Kay' s conduct could, affect the issues, j ,A! >I, -Ir.'Barton.— li would affect the damages con- '"i siderably^. I apprehend.," '' .^ ; i . . „•? CrpBs-e samiriation ' continued' — M'Kay never j Scott with Gnihn,'in the scrijib, or in y bed." ''"'"' '■?:.'.'.'."'"/ -,-.'.'"■ =' ,''",'.' '•■,' ■' ! .'.,"< :, .John .M'Kay deppsecl that he was brother -of "< ; Dppaiot M'Kay/ an.d'.'tjiat/he.^was in partnership i wthhm''previou_'tc| lhs'gomg : tb EnglaqcUb' get ') mame'di ' 6n L his' : retiihywe ,hved in the 'same ~ ,_6usei.' '" i'haye' never Hvroiiged Him with respect to -, improper "cohdudt 1 with' 'his wife — not even in < thought. I never left- her /room partially nude. ( Onetinip she' was ill with'a sore throat, being two i or. '-'three' days/not.e'^h-abie/jtd' 'speak hardly. I ( ,' have , gone into' her bedroom to see how she was < ' getting on. She was just able to express' iri ! a 1 muttering; way jthat she .was getting better. I i „w^sfuUy dressed, ( and sat. upon- the edge of her 1 bed. 'My brother 'came. in. ' , I neither knew nor ' c thought anything wrong. I did not go , but in i consequence of his coming in. - I never saw ; any- '; thing in Mrs. M'Kay' s conduct with any one of i an improper nature. I have, unfortunately, ob- ; i served some peculiar traits in my. brother's nature. ( About three years' ag6j whenliving in Wallacefcown, 1 I and my brother and Tii's wife^slept all in one room. ] Duxihgithe night' he got up', and ran out of the i * house into the garden. Being alarmed' I went : after him,/ and found him in convulsions,! and ex- 1 his"friends: -T remonstrated * withhimi?a,hd he went toibed again. I remember ] . his -aying.that. he considered he. had .dorie all he i 1 could for his , mother and his family, and was- < annoyed that they could not appreciate his money j and Ms advice. "'-'■-. I ry'Crbss-examined. — We were partners in a station here. I sold it for £4,600; '0r something like ithat.- I did not -spend all .this £4,600 on the chg- i gings. I have not spent £20. I have kissed. Mrs. ', M'Kay;' I 'have kissed my mother oftener. I ] Bpent the- sum got for the station on horses and i land. I bought 700 acres at 10s. ; I built a house in >Wallacetown for £700. This was a part , of the money got for the station. I also paid off ] an old bill to John; Jones, of Dunedin. I cannot i recollect the;siun. I accounted for all the money j .to.my brother. ,1 came down from the diggings diseased, and shattered in health, and in debt on digging speculations. I slept in Dr. M'Chrystal's - house last night. r I was also at the Bi-inceof • Wales Hotel., I met Mr. Clark, one of thejuryinen,,there. I did not try to influence him on this - case, i did not tell him to stop, as I was a _wit-_ _. ; ness;- but I-'did not try to bias his judgment, as I : did not kno.w then I was to be called as ajwitness. , .1 never ' entered into any -definite arrangement with Coutts, as to th,e .purchase of my Brother's property. . I was to give £4,000 to him for it. I never that I would not. have to;pay the money, if my brother was locked up as a, lunatic. I went to the .Land-office, and got a title for a house and land in' which my brother lived. | I have giye'n, him. a cheque for £4,000 ; but when I told 'Colitis "to 'teh Donald that the h*use was ; not his, I had not then done so. .■ ! ' ,; "James Wilson', examined^ deposed to knowing D. Mackay, and to having spent a night in his house, having been' very wet, and the 'swollen creeks rendered it difficult for me to ' get- on. further, y 'l'' solemnly swear that I have given no cause ,of suspicion of improper intimacy with Mrs. M'Kay: On one occasion he taxed ine with, , " having" been there~on "the" above occasion, and when doing so, got up and locked the room door, and said that' one of us w'oiild be a dead man. 1 was not afraid, and I think my composure disconcerted him.. '„!-, Sarah M'Kay deposed that Bhe had beeh staying' for about three months in the house of D. M'Kay - in Wallacetown. lam no relation. He asked me to look after'his wife. I never saw anything improper in her conduct with Scott, or with any other person. During the time M'Kay pretended, to be off to the Lake I met hini at the well, near his mother's house. He said he thought J,, was Mrs. M'Kay. I don't recollect if he then ?p'oke to '.. 'mVPf* her' conduct. Mr. Coutts was" not in the house 'then. - ' . -. , Cross-examined. — I never told Mrs. M'Kay pf these things, as I had given my word to Mr'. M Kay . that I should not. _'.'... Alexander Barclay gave some unimportant evidence. ' , G-eorge Hunt, a boy of twelve years, of age, deposed being a witness to the scuttle betwixt Coutts and M'Kay. j Mrs. M'Chrystal was also examined in reference to the occurrences on the 4th November last. Her evidence was purely corroborative, J and at times very contradictory and very unsatisfactory. This finished the case for the defence; after wliich, ; , ' . Mr. Harvey addressed the jury in support of . his case, and Mr. Barton followed at great length on the opposite side. j It being five o'clock when he had finished, His Honor reserved his summing up! till the' following day. The Court then adjourned till ten o'clock next . morning. Wednesday, 20th July, 1864. \ - The Court resumed at ten o'clock. < M'KAY V. COUTTS. i This action for false imprisonment was again resumed. ' ; . ■_, ;..- .,,. i His Honor (now that counsel for both sides had addressed the Court), now addressed the jury at • great length, and commenced by ,noticmg ; a cir-' * cumstahce which had transpired hi reference to i the conduct of one of the juryment in this case... ■ It had come out m evidence that instead of going > to their own homes/ as jurors were expected to 1 do, one of them had been seen loafing about a" • public-house, where, too, one of the parties, »: .interested/in the case was; residing;; and more L thakihatythere %b had b'eeh-bohversin^ on-Jthe' t merits of the case. Such conduct was highly reprehensible^; it being allowed them a:s a^prir r vilege to go totheir own homes instead jOflbeing r locked up till the conclusion of the case; and tp : „ :'keep theKipy^fcpunsely .Thejcoijsequences of such, l" a "course oh the part of a juryman inighti vrarrant > the prosecutor to eaU for. a new trial, and! he- (His; ; 0 ' Honor) thought it proper that sOmeadvic^ on this.; * point should be given. i /,. ,■.■., du i His Honor now went into the evidence,^ andr 1 said, that to save the time of the jury he^wpuld advise that the twp s firsk issues should- bej att,once - ;- -s dismissed — that^ is; 1 that" they sTaoula.^ find in the t affirmative .on.bothissues— -the first being for, /thp. pla ; in{^/4ha4tie secohd for tlie defendant. : . Vi Hi?i. t Honor shortly stated his reasons for suclj advice; •?.-. ..T_ye,..tUrd / *aiid. fourth issues were rea]ly what *'■ bKo—I- 'he^pfbminently before them, and jife.wpuldr, s be fo^them 'to say that the plaintiff, Mr.| Dpnald c M'Kay; was i such. a?»d4ng^ous lunatic, that unless he was locked, he would inflict some terevious f a person of Mr. CoT|tts, ( ,B^d| 7 was justified.iii^reifiil Until i.L l

! s i ortihj%.tq the Bteps;he took. ■ ItjWOuld also be for; them.; to' decide if there was more than jordinary "Violence ""used"" "after" "the" 'asTaiHrnSyi ' M'Eay ,-was made rpn >thd There could be no" doubt that the plaintiff.; was a person of an^xpeec^gly jealous,, turn of mind, j In fact he was 'affected by* 'what medical men termed monomania, 'm 'which „^eyeryt hing, appears, tg the •nlihd' ih ! 'distorted 'fbrrn's. 11 Regarding his "'wife's" cbhduc'tjsthere was:ho,:proofiOf her? infideUty,. but there was evidence .. to,, shpw^that Mrs. M!'Kay,' as 'a married! woman,' "was not solguarded as:she"bughtitb have-been', iand^h'atvthere reaHy, ( i grpunds.-t^ render, jand bus- 1 ! picibus . "ai 'man" of .'"M'Kay's .. disposition. His Hbhor'^'thim* 'ran ''bver'Hhe-^evideTice ; of tho j^rtif 3 ftp. t|ie rhornhig of theiass^tj; and; believed that the jury, cqidd not^fajl to suppose .th&tethe; I systematic iyibg'^up of •'•M'Kay. was not*dbne'J6n ; , the, spur of 'tiie\mOment,,;bu.t.that r it was a, prebon,-; cert'ed"plan.-' : "' It- was. -yery suspicious on the face of it that thb' plamth-* should proceed as! h^ did.-. . yffhy. '■ didf-h'e hot ..go" ,to* lnYercafgillY^for^a i warrant ' to have lum.|exammed? ,as.suggcßte-d jby Pellihg, ahd'as'might''have'bebh dOiie' ; byaman of principles hke those, profesfeed* by^ Couttsj Then as to the ibindiiig, .there, vvsy\ ;the, evidence; of PelHug, and't_.e'_aea_bal men as to the'severq nature of the " tying up:'*"" After further sketching the evldbhcebefore.tiicnajvHia .Honor.: went over theevidence hearing on M'Kay^, grounds .of jealousy, and his cohductin consequence' and said that if they si^ppqsed [that theyhad sufficient before them to beiieve; that. Coutts was' justified in capturing \ M'Kay* asa dangerous lunatic; they must; find for the defendant j if tho * opposite,' then they would find for the plaintiff. His Honor then read over. Pellmg's'evidehce, which shoidd be considered as valuable,- he being a disinterested party, and quite cahn W; the matter, and commented on conduct 1 of Coutts, .'who,', professliig ; such an . amount 6i rehgibus 'principle,' should bcStray its hollowncss by such conduct as had heen proved against him. "jt"mah~whp could lecture people on religion, write ' lbngY rehgious V letters, &c, j surelycould never be guilty of the inhuman conduct of " binding up " another as he had done. It is very often seen,' however,- that a false appearance of religion is put. on as a cloak for very improper conduct The, evidence of John Q-uun. was about tiie strongest 'of all ; how after being sp much indebted to M'Kay for his kindness, he coijdd'have been persuaded, by Coutts ..to assist so promptly in depriving, plamtiff, bf J his liberty. The*; inference is,, that ' he did ' not .'act on his own impressions ; and his evidbnee, therefore, of M'Kay's insanity, went for 'nothing. ' The evidence "of the medicalmen Bhqwed^bat there were no reasonable grounds" of suspicion of madness ; and Avheri brought up before the 'Magistrate, there could be no , doubt he was rightly ' discharged. His Honor the.n referred to app'areht '■■' slips "' which Coutts had made while giving his evidence in cross-examina-tion, and remarked that such cross-examinations were very useful, as occasionally the witnesses aye put off the beaten" path they trod in the eixamina- "* tion-in-chief, and unwittingly and unguardedly let out, or almost let out, the truth. After speaking, for about an hour and a quarter, Hia Honor left the case in thet hands of the jury. The jury then retired. Mr. Barton then rose, and called His Honor's attention to a part of his charge to the jury,, in which he .said it would be for themjto judge of the reasonableness of the grounds whicli had induced . Coutts to bind and imprison M'Kay as a lunatic. Mr. Barton referred to a case quoted in fche Law Journal, (Fletcher v. Fletcher), where it is established that, in order to warrant a man to be takenup as a lunatic, he must be proved to be dangerous. All the medical evidence in. the world would not justify a man to be imprisoned, unless tliis was the caße; and' the learned counsel submitted respectfully to His Honor, that he was wrong in' that part of the charge. His' Honor admitted this, and' sent for the jury,,* that.he might modify his charge, which lie did. ..The Jury then retired, yind_ after an hour's absence, returned, with a verdict for the plaintiff on the firsfc, third, fourth,- and fifth issues.} and for the defendant, on the second. Damages awarded, £900 The Jury also intimated . that they expressed themselves as satisfied that .-Mrs. M'Kay's character. had not been stained. i. .* M'LEAY V. M'IENNAN. This was an action to recover the sum. of £30 paid^by plaintiff for purchase of part of section 3, Block v 11, Invercargill Hundred, on his account, which had not been implemented. ; ' • Mr. Button appeared for the plaintiff, and Mr. S. M. South, for defendant. , This waß a very trumpery case, and destitute of interest. The verdict of the jury was for plaintiff for the £30, and on the other issues according to! the direction of His Honor the Judge. VON HAMSIEIi ANI) ANOTHER V. M'CI/VMONT AND ANOTHEE. . This was an action of trover for the prico of 'cattle wrongfully converted. : • Mr. Button appeared for plaintiffs, 1 ahd Messrs. Harvey and S. M. South, for defendants. ; _ . Mr. : Button- opened the case for the prosecution, very briefly stating the facts of the -case. The. price of the cattle claimed' was £266. Mrs. Von Hammer deposed that she* was 1 wife j of Mr. F. ... A. Yon Hammer and sisterj of Mr. i M'Clymont "Was 'possessed of ! cattle in. 1858. "Was not married ' then. Was married on 29th January, 1863. Theße cattle were running on the unfehced land of the plain. The increase of the cattle 1 made in the end of 1863 seventeen, when my brother-Mr.' M'Clymont went to Melbourne. ; My bfbther.and I' theii lived on the most jfriendly terms He gave me £40 oh account of some of the cattle '-tvhich lie . .sold for mo. I tpld him to sell all the young 'stock. 'He sold eleven and gave £40 tb'me oh account. This was bpfore he went to; Melbourne. He told me had sold the cattle fbr ; £8 tt A head.'- He killed one before he went.away. .- Ij gave him no authority. ;I objected to his doing so, but did not know of it till it was. dead. Itwas worth £20., After he can^froih 1 YMelb'ourhe" in January, 1864, ' he would" not give up the remaining : five; ■ I y don't ; .know where they ; are now. I never . got them... These five cattle were valued by me at £20 a-head ah round. There was nothing but quarrelling Y when he came back.' ; He wanted to' take* posses-" sion of everything we had. He wa3 then married,or said he ,wasi :.He- brought a young woman~with' him. I. gave him money to buy a horse jn 1862. I gave £25 to him. He bought the horsfe in his own name. ■ I Gross-examined.— l claim seventeen head of cattle. ,There are more cattle on defendant's farm. -I came to live with my brother at| the end' of ; 1857. My mother came along with me: -My brother never : asked me and* my mother to go and" live with him. .*. ■■ I did- not propose to him that I ,shquldjgo. to.Hve with, him.. He asked ine^ and not to; go to P,unedin...;l was then in an "jinteresting" .condition. ... I never ..said the father of. my, 'child had agreed to'allow me % " much'" for maintenance; and that I may as well pay tin's to my : asYto anyoneYelse.y I'had £100 jwhich I had saved in- Australia while in service, jl was a little over four years in service there.? I jlent my -brother "-"£2 " M the -Mokbihokb/ and ""inj the beginning of-.'1858r...;£30,f ; and "£SO more, ,t.Q 1 .,g0. to Dunedin to buy cattle. I did not get a receipt sums. •- ." % Pl l^ A& e^- " '& presence of my, mother: 'The £s6 was hy^a cheque on the Union Bank, and the f rest in notes. 'The £50 was aYßank . draft,- igot;;:.by,( me in ! Melbourne, oii. th;e Hfdqn rßankin YDunedih;; I asked fhim* - to: fbuy some cowsforime. -The-fiumber was not specified. He to/buy the cows.; rl=don?t Imbwj that the cheque was cashed three months- afterwards by Mr. •W. H. 'Calder., ; He ; . (my brother),: told SAe it was cashed in* -Dunedin. (YBefore thin.. time) I cannot say r :my^jbrother had j any^^ cattle-; on the'fajpn.r.,^B[e had ■ twp rhorses. ; . i-Ehe farm iwas my^brqther's,' bo lifoEj asc*.l ijmov^ off to Dunedin, he was not jnore; ihaii threeliweeks away. 'igeibrOughtfsomeiCattlo with imi? -vjThe|*e might '{beo twelve /.Or {fiftee^/YSHe saidlhe paid! for the bullocks. .I*<amnot!cer.t^ He brought no. money back. He sold a horse ..to , teke upr.aibillffortpayrnehtrof .thejeattie ; jbut -not fbrcmmesc-.iTbere heifer.—- --! Mr. Harvey.— -Was not this heifer calved after .^aJrP,UMJSIVI7r^T.kSAfQ. ; A .-S : \ AZ- ' j.y^JVitnoss.— Yes : but my child was to be Jmade, ; aiprtsent, of this;C^.u^fc jyaa c^y^djin^ugustY 4_ .v . - ~ , w j f, .ilQ'WrO'r^.'iAJ. { *^' v

•. .. vl^; Hono^-^^e;^^^^ coJf^ 'i .W own cows, Tliis was to be part 01 the £50 Igave 'jiimVll hved.^tK' AybrothjSrttill I was ; married. He was " middling " kind tome. My mother did not gije me.badkfher cow before it was sold, II got the increase... iAWken I got married my brother ■» didrnqt give me^lOEi. t .Somejbtjier^ evidence was -adduced^butr generally 'of an irrelevant 1 nature. Kc-examined.-— The brands on my cattle wore pTace'dmpsid&dbwn', tbfdistinguish them fiom my* brother's. , Vj . F ' " V! Mary M'olymont, : the.. ] mother. of plaiptiff and ' defehd'abi'gdveJfevidencesto 'the 'Offbct that she and her ( daughter, ,Mrf , „y on Hammer, came from Mel"bbuJ*nein thV'ehd of isfe?. -''lier daughter had £100. She -then said she met herj brother rafcvtheQ Bliiff, them} to go ;fo f r reside f Y^th;,ihim,';..'.- ]jj\J7e *Jy|rb going, to,, ( I}unedin;;* i.Theryfaitihezc Evidence wEs*".' corroboratory.. ..,qfv..'svha^,,jMiu .*^o^ Hammer had stated. Their.son, on returning from Melbourne, r 'was'kskedVb '-^ve;tip the cattle," and' at tjiat timo was wilHng' to do'sbi^'Shortly afterwardjs he wa3 again askedj- land J hi3 ? /wife. would not permit^bn„ It being now.'five o!clock,, the- Court adjourned' till the following day.-rl yAASf j