SUPREME COURT

Taranaki Daily News, Volume LIV, Issue 283, 27 May 1912, Page 5

SUPREME COURT

AUCKLAND SESSIONS. ".> ' <"'graph—Press Association. Auckland, Saturday. His Honor Mr. Justice Edwards made severe comment in the Supreme Court case, Attwood v. Seacliffe, ia which a claim was made for alleged fraudulent misrepresentation in a land transaction. Edmund Mahoney gave evidence that he acted as solicitor for both parties. He said that, he warned Attwood he •was buying a pig in a poke, but admitted he did not tell him that the land lie was acquiring had been bought by Sutcliffe a few weeks before for i£loo, though the consideration given by Attwood was equivalent to £SOO. • His Honor said he had no desire to say anything to hurt Mahoney's feelings, but it was his duty to have warned plaintiff definitely, in writing, that the contract was an inequitable one. No man could, under the circumstances, act for both parties. • Mr. Cotter said an offer tad been made for the property for practically the consideration plaintiff gave for it by the man who had grazed horses on it, but at this stage it was announced that the parties had come to a settlement, and proceedings were discontinued.

WELLINGTON SESSIONS. Wellington, Saturday. Section 33 of the Mental Defectives Act was exercised, probably for the first time, by Mr. Justice Chapman to'day, when Alfred Nelson appeared on a charge of committing an indecent act. The section provides that if any person indicted for any offence pleads guilty upon arraignment, or if any person is committed to the Supreme Court for sentence on the plea of guilty, and. it appears to the Court, from depositions or otherwise, that there is evidence that he was insane at the time of the alleged offence, the Court may direct that the plea of "not guilty" be recorded, instead of a plea of "guilty," and thereupon proceed as if he pleaded "not guilty," Prisoner was ordered to be detained and tried at the next sessions of the Supreme Court. Jas. Madigan, alias Ashby, for forgery and uttering and theft, was sentence to six months' imprisonment and three years' reformative treatment.