Supreme Court CIVIL SESSION.

Daily Southern Cross, Volume XIII, Issue 937, 20 June 1856, Page 2

Supreme Court CIVIL SESSION.

The Court was opened on Wednesday morning by his Honor Chief Justice Stephen. His Honor, in opening the Court, referred to a letter that had appeared that morning in the 'New-Zea-lander,' commenting upon a remark made by his Honor, at last sittings of the Court, upon the insufficiency of a certificate of the illness of a juryman named Kennedy, I handed in as a sufficient excuse for his absence. The I certificate referred to was as follows :—: — ' "I certify that I have examined James Kennedy and find him sick, I believe from an attack of influenza, consequently consider that he is not fit and able to do his duty as juryman at the present time. "(Signed) S. J. Stratford, M.R.C.S. "Aucklamd, June 7, 1856." He would point out that the fact of an individual suffering only from influenza, was not a sufficient excuse ior the absence of a juryman. On the same occasion he had received anotV er certificate, signed by Dr. Mahon, which stated that his patient was ill, and confined, in consequence, to bed. This was an apology of a different character, and one which he had regarded as sufficient. The Attorney-General said that he was present when his Honor had commented upon the insufficiency of the certificate, and he quite concurred in the justice of his Honor's decision. Mr. Merriman thought it right to inform the Court that E. Foley who had signed the letter referred to, had expressed to him (Mr. M.) his regret at having done so — the fact being that he had signed it without having previously read it, having been informed that it was simply a certificate to the effect that James Kennedy was ill at the time mentioned, and unable to proceed with the building of a chimney. Browning v. Salmon. Before the following special jury, formed, after repeated challenges from the Counsel of both parties, — Thomas Macky, Charles Petschler, W. Coleman, Thos. Weston, M. G. Nixon, E. McLean, J. P. dv Moulin, Alex. Kennedy, W. Hobson, J. W. Bain, A. K. Taylor, John Rout (foreman). Mr. Bartley and Mr. Russell, for plaintiff; for defendant, the Attorney-General. This was an action brought by Mr. Samuel Browning, merchant, of Sydney, against Messrs. John Salmon and Co., for the recovery of £389, the proceeds of a shipment of flour made by plaintiff to defendant by the ' barque 'Daniel Webster.' Defendant pleaded that he did not receive the money for plaintiff's benefit, but for that of Capt. Macfarlane, to whose credit it had been carried. Samuel Browning, the plaintiff, deposed that he shipped fifteen tons flour per 'Daniel Webster' from Sydney, consigned to the defendants in Auckland, by whom the flour was sold, and who had forwarded ac~ count sales to Sydney, addressed to Captain Macfarlane, or, in his absence, to him (the plaintiff.) John Salmon deposed that he had received the flour in question from Captain Macfarlaue. It was sold to Mr. Fletcher ; and he was instructed by Captain Macfarlane to remit the proceeds to tho plaintiff. He did not do so, but passed it to the credit of Mr. Macfarlane. To this, plaintiff objected, and, after the lapse of two years, made an application to him (the witness) for the proceeds of the sale. Plaintiff, he believed, was prevented by urgent business from coming to Auckland sooner. The account sales were made out from John Salmon and Co, to S. Browning. Hiti Honor, in summing up, remarked upon the unsatisfactory evidence affoided by both plaintiff and defendant. The only question, he said, for their consideration, was, whether the flour was realized on account of the plaintiff or of Captain Macfarlane. The Jury retired at £ past 2 o'clock, and, after an ab- [ sence of more than an hour, returned a verdict for defendant. The Court then adjourned sine die.