THE WHITAKER-HUTCHISON CASE.

Press, Volume XLVIII, Issue 7863, 14 May 1891, Page 6

THE WHITAKER-HUTCHISON CASE.

(PRESS ASSOCIATION TELEGBAM.)

WELLINGTON, May 13.

Judgment was given in the Appeal Court this morning hi the case of Whitaker v Hutchison. This was an appeal from the judgment of Chief Justice Prendergast refusing to strike out the paragraph in the defence in this action charging Sir Harry Atkinson and the Hon. h. Mitchelson, members of the late Ministry, with being indebted to the Bank of New Zealand and with having on that account confederated and collusively acted with the plaintiff, Sir F. Whitaker, in assisting the Bank in its financial difficulties. The Court found that the real question to be determined was whether the evidence that Sir Harry Atkinson and Mr Mitchelson were heavily indebted to the Bank was admissible in support of the justification of the alleged libel by the defendant on the ground of its truth. Sir Harry Atkineon and Mr Mitchelson were presumed to have taken a leading part in the transaction, but in order to establish this, the Court thought it relevant to show the actual position of the other members of tbe Ministry in their relation to the plaintiff either in his capacity as Chairman of the Directors of the bank or Attorney-General. In order to prove the transaction was at the instigation of Sir F. Whitaker, it seemed relevant for the defendant to show that the individual members of the Government were at the mercy of the bank, of which he was Chairman of Directors. The appeal was dismissed with costs on the lowest scale,