DISTRICT COURT.

Wairarapa Daily Times, Volume XII, Issue 3987, 12 December 1891, Page 2

DISTRICT COURT.

(Before His Honor District Judge Kobiuson arid a jury of four.) FRIDAY. On resuming, two further witnesses were called for the defence. Mr Beard then addressed the jury at some length for the defenco, and was followed by MrPownall, who urged that the character of his client shouid be vindicated by a verdict in his faronr. His Honour having addressed the jury, submitted the issues, which were answered as follows :

Did the defendant, when laying the information believe in the truth of it ? That is to say, did he really suspect the plaintiff had stolen his pocket book and money. —Yes. Had the defendant's book and money been taken by any person ? Yes. Did the defendant believe that the plaintiff alone knew where the key was placed ?—No. Was the defendant credibly informed that the plaintiff had been the only person who had been in the room that day ?—No. Had tho defendant, before taking out the search warrant, been informed that money of another person had been previously lost from a room occupied by the plaintiff and that person and others ?—Yes. Did the defendant act maliciously, that is to say, was their malice in fact, or do the jury infer malice from the absence of reasonable and probable cause I —Yes.

If so, do the jury consider tbat the plaiotitf is entitled to any damage, and if so, how much I— Yes, £5. His Houour then entered up judgment in accordance with the finding of the jury. Mr Beard : I must ask your Honour to give judgment on the findings, for the defendant.

Mr Pownall : You will have to aßk that the verdict be set aside, or move for a new trial.

His Honour : I shall enter judgx ment for the plaintiff for £5 and £ll l9s costs.