DISTRICT COURT.

Wairarapa Daily Times, Volume XII, Issue 3922, 25 September 1891, Page 2

DISTRICT COURT.

MASTERTON-WEDNESDAY,

(Before His Honour District Judge Robinson, and a jury of four.)

Kenall v. Tayler,

THURSDAY

For the defence in this case Messrs S. E. Gapper, E. E. Chamberlain, and T. P. Lett, gave evidence. Wm. Neill was also called by the plaintiff and gave rebutting evidence. Counsel then addressed the jury at some length on both sides. In summing up, His Honor directed the jury on the v.nious points raised, dwelling particularly on the matter of the authority of Tinier to burn. The jury retire! at five o'clock. At eight they were unable to agree and were called into Court. In answer to His Honor the foreman intimated that three of the four had agreed upon a verdict, but there was no probability of the fourth agreeing.

His Honor stated that, if there was no probability of the four agreeing it was possible that the verdict of threefourths could he taken. The foreman then stated that he did not know whether the decision arrived at by the jurors would be sufficient.

His Honor, or. reading the decision, said he did not consider it a verdict. TBe jury had to decide between the parties, fie could not give judgment upon the decision arrived at. The jury, after a further retirement of half an hour, announced that they could not agree. His Honor: Then I can take the verdict of three for either the plaintiff or the defendant. The foreman : Three of us have decided in favor of the defendant.

His Honor: Judgment will there* fore be for the defendant, in accord ance with the decision of of the jury, with costs, £8 13s 3d.