SATURDAY, AUGUST 11.

West Coast Times, Issue 278, 14 August 1866, Page 2

SATURDAY, AUGUST 11.

The Court resumed its sittings this morning. TUB GBEENSTONB CASE. His Honor attended on Ihe Bench, shortly after eight o'clock, and the jury in this case being called into Court, returned the following special verdict :— - ( Ist. We find that the defendant did detain from the plaintiff v the greenstone mentioned in the declaration, 2nd. That tho defendant waa the first d.lty}overo of tho stone, ami Uttt be diicog

vered and worked upon it in February 1864. J

3rd. That the plaintiff did not discover the stone until December, 1865, and that after he had found it, and his man had been in possession of the spot for three or four days, and had worked for about three or four hours at the stone, he was told by a man on the spot that he was looking after the stone for the Maoris.

4th. That defendant did no act showing an Intention of abandoning the stone up to the time of finding it by plaintiff.

sth. That after plaintiff had found the stone, he left it, leaving a man in possession, and that he returned to it in a few days ; and that, remaining a day at the stone, be again left it ; and that, between tnat time and the Ist of March, he had no one in possession of the stone. 6th. That about the end of February, 1866, the plaintiff met the defendant in Greymouth, and proposed to him that he (the plaintiff.) should break up the stone on consideration of his .getting one-fourth share of it for so doing. 7th. That the defendant refused to agree to any such proposal, and that they parted without any result. Bth. That the plaintiff returned *• the stone about the Ist or 2ud March, 1866, ■and that -he did not find anyone then in possession of the stone ; and that he, with the help of a man, whom he employed for the purpose, broke up the stone in pieces, and put it into sixteen hags, which he sent down to the junction of the creek with the Teremakau, about the 17th March.

9th. Tnat the value of the, stone is L 2500.

10th. That no evidence has been offered of any damage having been sustained by the plaintiff for the wrongful detention of said greenstone.

11th. Thf t upon the foregoing facts we leave it for the Court to determine whether a verdict should be entered for the plaintiff or defendant.

It was agreed that the question as to the side on which this verdict should be recorded, should be discussed by counsel, for bis Honor's decision on the following Monday.