A CURIOUS CASE.

Taranaki Daily News, Volume LV, Issue 167, 2 December 1912, Page 5

A CURIOUS CASE.

DOCTOR AND IIIS WIFE ARRESTED. PLAINTIFFS~NONSUITED. By Telegraph—Prese AssociationWellington, Last Night. "I have only recently been instructed," said Mr. T. .\f. Wilford at the Magistrate's Court on Saturday morning, "but if my instructions are correct this is a most unwarranted abuse of the procedure of this Court, when the procedure is used to arrest a medical man and his wife within a few hours of their sailing for England, this process is abused." The cane under discussion was before Mr. W. <!. Riddell, S.M., and the facts as detailed by defendant's counsel were that Dr. Storey, who has been for some time assisting in medical administration at Rarotonga, left the islands some weeks back with his wife, and has since been staying at the Grand Hotel, _ lie purchased tickets' for the voyage home to England, and was to have sailed by the s.s. Surrey with his wife, on Saturday. On Friday evening the doetor and his wife were arrested and placed in the custody of a bailiff of tne Court. The writs were issued on the plea of Eugene Fischer and W. H. Grove, both of Auckland. Fischer claims £25, being money lent, with interest, and Grove claims £2B, money due in payment for a bnggv, which witness ordered in August of last year. This vehicle, said defendant's solicitor, did not come to hand until January of this year, when defendant said .that he would not accept delivery. Tt was n.ot delivered, and he knew nothing more about the matter until he was arrested. Dr. Storey also contended that plaintiffs were absolutely cognisant, of his movements, and could easily have commenced proceedings in time, and not just prior to his departure from New Zealand. As to the buggy, his wife had told Grove, with whom she had dealings, that although she did not want it'she would take it off his hands, and lie could take by way of exchange a quantity of copra or produce from her plantations. It was explained that Mrs. Storey had a freehold property valued at between £2OOO and £3OOO, and that she sends her copra to Auckland. However, no more was heard from Grove about the matter until the warrant was issued. The other amount was contracted on a note of hand bv Mrs. Storey, in August of 1910, before her marriage, and she claims that she discharged this liability absolutely and borrowed no more from Fischer. Mr. C. Izard, who appeared for plaintiffs, said that he had telegraphed to Auckland asking if defendants should be held in custody, and he had received a reply that the debts were absolutely due, and that this course was to be followed. Mr. Riddell stated that it was a case in which plaintiff's should be nonsuited. This would be done. Defendant's solicitor: "I ask for costs, your Worship." Mr. Riddell: "Costs will he allowed against plaintiffs of two guineas on each charge."