H.—6.

N. In the Supreme Court of New Zealand, Christchurch District. —Austin v. Ell: Libel Case.— Costs of Defendant on Judgment dated the 10th April, 1885, in Action for Libel.

Taxed, and allowed at £15 19s. Ist March, 1886. A. R. Bloxam, Registrar. (Stamp.)

0. In the Supreme Court of New Zealand, Christchurch District. The Queen on the prosecution of Henry Selwood Austin against George Waldock Ell, of Christchurch, stock-dealer. The above-named George Waldock Ell makes oath and says as follows :— 1. I appeared before the Resident Magistrate on the 13th day of March and on the 21st day of March, 1885, to answer a summons issued at the instance of the said Henry Selwood Austin for defamatory libel. 2. I caused subpoenas to be issued out on my behalf for James McHafiie, Mrs. M. A. Atkins, L. Harper, H. G. Ell, J. C. Martin, and Walter Gee, and all of them were severally subpoenaed on my behalf, at the hearing of the said summons. 3. On the 31st day of March, 1885, I was committed for trial, and I caused subpoenas to be issued for James Preece, T. G. Russell, Leslie J. Ell, Edward Aslin, C. T. Gee, William Gale, H. G. Nathan, Harry Feast, L. W. Delamain, and James McHaffie. 4. All the said Witnesses were material and necessary for my case, and it would not have been safe or prudent for my defence to have been carried down for trial without their evidence; and the six persons mentioned in paragraph No. 2 attended at the investigation in the Magistrate's Court, and also at the trial of this indictment; and all the persons mentioned in paragraph No. 3 except Leslie J. Ell and Harry Feast were present at the trial of this indictment, and they were witnesses in no other matter or cause, as I verily believe. 5. The witnesses have claimed or I am liable to pay them the sums of money set opposite to their respective names in the schedule hereto annexed, and marked with the letter "A," for their loss of time, trouble, and expenses. 6. I have paid to Mr. Denniston, of counsel, on his brief for conducting the said trial, the sum of £50,' and to Mr. Lynch % conducting the preliminary investigation before the Magistrates, and to Mr. Jellicoe, of Wellington, the proper charges debited in the bill of costs filed in this matter, for the charges of drawing up the order for costs and settling the said bill of costs, and preparing this affidavit and the costs for taxation. G. W. Ell. Sworn at Christchurch, in the said district, this 20th day of February, 1886.—W. H. Eyes, Deputy-Registrar.

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1885. Mr. Lynch's costs as follows :— March 25.—Instructions to defend action for libel Instructions to subpoena James McHaffie, Mrs. M. A. Atkins, Leonard Harper, Henry G. Ell, J. C. Martin, and Walter Gee Preparing 6 subpoenas, at 3s. each Attending to obtaining signature of Justice of Peace Six copies for service Attending issuing subpoenas Service of 6 subpoenas, at 3s. each March 30. — Copy of affidavit of J. C. Martin, 4 folios The like, L. Harper, 3 folios Attending Resident Magistrate's Court on defence of criminal action for libel, when same adjourned till to-morrow March 31. —Attending Resident Magistrate's Court herein, when accused committed for trial Paid witnesses' expenses as under:— . J. McHaffie, 2 days Mrs. Atkins, 2 days H. G. Ell, 2 days .. W. Gee, 2 days £ s. d. 0 6 8 £ a. d. 1885. Brought forward Instructions for subpoenas for James Preeoe, T. G. Russell, Harry G. Ell, Edward Aslin, G. P. Gee, William Gale, H. E. Nathan, Harry Feast, Frederick William Delamain, James McHaffie, and Walter Gee 7. Drawing praecipe Engrossing same Preparing subpoenas (10) Attending to seal Ten copies for service.. Service of 10 subpcenas, at 3s. each Fee to counsel on brief Attending Supreme Court, Christchurch, when case dismissed Paid witnesses' expenses as follows :— H. G. Ell T. G. Russell J. Preece .. E. Aslin F. C. Gee .. ".7 Mrs. Atkins William Gale H.E.Nathan F. W. Delamain 'James McHaffie Walter Gee I £ s. d. 21 11 10 £ s. d. 18 17 6 0 15 0 (sic.) 0 6 8 0 7 6 0 6 8 • 0 7 6 0 5 0 15 0 0 6 8 0 12 6 Di s a 1 - ISwcd; not incurred 34 5 0 0 18 0 1 10 0 50 0 0 0 4 0 0 3 0 18 17 6 5 5 0 5 5 0 0 10 0 110 10 0 0 10 0 10 0 0 10 0 0 10 0 10 0 10 0 110 10 0 D i s allowed; not incurred 1 10 0 10 0 10 0 1 10 0 0 5 0 0 5 0 0 3 6 0 12 Mr. Denniston's costs as follows:— April 9. — Instructions to defend action in Supreme Court Long consultation re evidence .. Instructions for copy of deposi- „ tions; attending Court therefor ; making copy of depositions, 20 folios 0 13 4 110 DisalI lowed; [ not incurred Mr. Jellicoe's costs as follows :— Drawing bill of costs, 6 folios Two fair copies Drawing affidavit of increase Fair copy Letter to Christchurch therewith, and explaining 0 6 0 0 6 0 0 5 0 0 18 0 3 8 0 3 8 10 0 86 2 10 70 3 10 70 3 10 Carried forward 21 11 10 18 17 6 15 19 0