DISTRICT COURT SESSIONS.

Dominion, Volume 1, Issue 288, 29 August 1908, Page 3

DISTRICT COURT SESSIONS.

[ ALLEGED MALICIOUS PROSECUTION. | ' (BT TELEGUAPn.—SPECIAL COIIUESrONDENT.) Mastodon, August 28. The quarterly. sitting of tho Wairarapa District Court opened at Masterton yesterday before liis Honour District Judge Haseldon. William Morris,- of Masterton, -butcher, claimed from John Ogilvy, David Ogilvy, and D. It. Ogilvy, trading as Ogilvy and Sons, butchers, of Masterton, the sum of £300 damages, on account of an alleged malicious prosecution instituted by the • defendants against plaintiif. The statement of claim set forth that on or about May 16 tho defendants laid an information against plaintiff, accusing him of cattle-stealiug, and on May 19 the case was heard at the Magistrate's Court, at Masterton, and dismissed. Plaintiff alleges that tho proceedings wore taken without reasonable and probable cause, and defendants were therefore influenced by malice. Plaintiff claims tliat his reputation and-cre-dit wero damaged by tho action of defendants, and that ho has incurred expenses and loss of time ill defending himself, and claims £300 as damages. Mr. P. L. Hollings appeared for plaintiff, and Mr. C. A. Pownall, instructed by Mr. D. N. Logan, for defendants. Tho jury was composed of Tobias Millar (foreman), W. H. Denby, H. Clarkson, and A. C. • Williams._ William Morris, plaintiff, sworn, said ho purchased, a strawberry and white cow (aged) and a yearling heifer at tho pound on March 11. ; Ho told tho sergeant of police and J. Ogilvy that he had purchased two beasts from tho pound, described them, and offered .all information respecting tliom. Ogilvy senior had been very bitter towards witness on account of trade differences respecting the price of meat.

By Mr. Powriall: Witness saw no brand on-the cows purchased from the pound, although he drove them over three miles. Ho had not inquired from another butcher if the latter had lost a beast of the description of that purchased by him. Joseph George Morris, son of plaintiff, H. M. Cameron, blacksmith, H. E. Gosnell, stoek-dcaler, Henry Hilton, butchers' assistant, deposed respectively to seeing tho beasts in tho pound, or being driven to the abattoir by plaintiff, tho first-named assisting in the driving. M. Morris, V. Ogilvy, Peter Jorgensen, and J. Shackleton also gave evidence. Sergeant Miller deposed that he declined to prosecute Morris, as ho preferred tho police to mako investigations. Ho believed defendants were honest in their opinion at the time that Morris was guilty of stealing tho cow. Mr. Pownall, for the defence, asked for a nonsuit, on tho ground that no evidence was given to show malice. His Honour thought it inconvenient then to argue on that question. John Ogilvy stated in evidence that ho and his son had made strict inquiries from various sources as to the beast , killed at tho abattoir for Morris, and tho one ho purchased from the pound, and he felt satisfied they were different animals. "Witness said that even now lie believed they were different beasts. The other two defendants gave evidence to much the same effect. Oavid Ogilvy admitted that he thought that on the evidenco _ eventually' submitted there were not sufficient grounds to lay an information against Morris. After further evidence his Honour summed up. The jury found for defendants,-1