SUPREME COURT.

Auckland Star, Volume V, Issue 1249, 6 February 1874, Page 2

SUPREME COURT.

Civil Sittings.—Thursday.

(Before His Honor Sir G. A. Arney, Knight L Chief Justice.) GRAHAM V. THOMAS.

Counsel on both sides having addressed the jury at considerable length, His Honor, in summing up dwelt, minutely upon the various issues, and after carefully reviewing the evidence asked the jury to consider their Verdict. At twenty minutes to nine o'clock the jnry returned, and the foreman stated that in consequence of the absence of a certain plan the jury were unable to agree. The difficulty having been explained, the jury again retired with permission to take refreshment, and a few minutes before twelve the jury found that defendants did break and enter upon plaintiff's land that plaintiff was possessed of the land -at the time of the alleged trespass ; that the defendants were: not, from January 1871 up to the time of the said trespass, in actual possession of the said land ; that the. plaintiff. did not wrongfully enter ; that the defendants had not poscssion of the land on the seaward side of the red line marked on plan G, the land on the seaward side of the red line was not Crown lands, and the defendant were not in actual possession and occupation of it with the peimission of the Crown ; that the land was within the area of the gold fields • that the Queen of Beauty claim had not included that portion of land in question ; and that ,the plaintiff- was entitled to a farthing damages. |His Honor certified to costs. . ,; ,y/__ --.

j The Court rose at 12.20,