THE WARD CASE.

Waikato Argus, Volume IV, Issue 258, 12 March 1898, Page 2

THE WARD CASE.

(JJY TELEGRAPH.—OWN COKRESI’ONDENT).

Dunedin, Last Night. Judge Williams this morning delivered judgment on the petition asking the court to direct the liqmdators of the Ward Farmeis’ Association to prosecute Mr Ward and Mr John Fisher. His Honor said in the course of his judgement : “ Some of the shareholders ask that their servants should be prosecuted at the expense of their creditors. It is through the action of the c o servants that the creditors have lost their money. It is quite unreasonable that the debtor should ask that his servants should be prosecuted at the expense of his creditors, for offences committed during the course of such service. So far, therefore, as the application is an application to prosecute at the ex'pense of the assets of the company, the application must be refused. As to the suggestion that the liquidator might be directed to prosecute if an indemnity as to costs were given him by the petitioners, nothing was said in the petition as to such an indemnity and it was open to anyone to institute a prosecution if he wished to do so, and was prepared to pay such costs as may not Le defrayed Ly the Crown, and tire liquidator would of course render assistance to either side in eliciting the facts. The order asked for would be refused,”

The Judge added that he would be g'ad if the opinion of the Court of Appeal were obtained.