THE MACDONALD CASE.

Wairarapa Age, Volume XXXII, Issue 10243, 20 May 1911, Page 5

THE MACDONALD CASE.

WRIT OF ATTACHMENT DIS-

CHARGED.

DEFENDANT'S LIFE IMPERILLED,

(By Telegraph—Press Association.)

WELLINGTON, Last Night

The application for a 'discharge from the writ of attachment against Thomas Kennedy Muaionald, in the case of Rose and others v. Macdoiiald, was heard, to-day, before Justices <Stout and Chapman. Dra Ewarfc, McGavin, Herebrt, Gilmer and Oahill, who examined the defendant at the plaintiff's request, in affidavits, all agreedi more or less with the affidavit of Dr His(lop ithiat the defendant's health was such that a period of incarceration might have serious effects, as any mental 'distress might cause an apoplectic seizures What would cause mental distress depended on the defendant's _ temperament, and it was impossible for them to offer any opinion on- this.

Macdonald, in an affidavit, isaid that before the proceedings had beein made public ihe had offered the plaintiffs £2OOO ca-sh, and tihe balance in instalments extending over three years. Since then, the publicity given hold practically ruined -his 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 Messrs Treadwell and Blair had addressed the Bench, the Bench stated that, .after consultation with the other Judges, they considered they hiad jurisdiction to deal with the discharge. In view of the affidavits of tlhe plaintiffs' doctors, they considered Macdonald's life would he imperilled by a. period of detention, 'and the. consequent mental distress, and- granted the application, tfctr discharge. The plaintiffs ®tdll had recourse to criminal or bankruptcy proceedings. Macdonald was ordered to pay the costs of the present suit.