HON. KENNEDY MACDONALD

Taranaki Daily News, Volume LIII, Issue 306, 20 May 1911, Page 5

HON. KENNEDY MACDONALD

THE WRIT OF ATTACHMENT. RELIEF GRANTED. By Telegraph—Press Association. Wellington, Last Night. An application for discharge from a writ of attachment against Thomas Kennedy Mac Donald in the case, Rose and others v. JlacDonald, was heard to-day before Sir Robert Stout and Mr. Justice Chapman. Drs. Ewart, McGavin, Herbert, Gilmer and Caliill, who examined defendant at plaintiff's request in the 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 apoplectic seizure. What would cause mental distress depended on defendant's temperament, and it was impossiole for them to offer any opinion on this. Mac Donald, in his affidavit, said that before the proceedings in public, he had offered plaintiffs £2OOO cash and the balance in instalments extending over three years. Since then the publicity given had practically ruined Eis business. and he was unable now to raise that sum. He also still believed there was a sum of £2500 owing him for commission in the estate. After Mr. Treadwell and Mr. Blair had addressed the Bench, the Bench stated they, after consultation with other judges, considered they had jurisdiction to deal with the discharge. In view of the affidavits of plaintiff's doctors, they considered Mac Donald's life would be imperilled by a period of detention and consequent mental distress, and granted the application for discharge. Plaintiffs still had recourse to criminal or bankruptcy proceedings. MacDnnahl was ordered to pay thecosts of the present suit.