The Horowhenua Case.

Hastings Standard, Issue 396, 11 August 1897, Page 3

The Horowhenua Case.

THE PUBLIC TRUSTEE CLIMBS DOWN. Sill W. BUIiLER EXONERATED. (By Telegraph.) ' (Per Press Association.) Wellington, This day. When the action of the Public Trustee v. Sir Walter Bailer and another came on at the Supreme Court this morning Mr Cooper, on behalf of the plaintiff, unreservedly withdrew all *;he allegations against Sir Walter Buller, and admitted there was no evidence to support them. The action was technically to test Sir W. Buller's title to two small sections of 11 acres and his lease and mortgage on the famous Horowhenua block, but there were also in the statement of claim charges of fraud. ' Mr Cooper said they could not be supported, and Sir Walter Buller was completely exonerated. Neither was there any evidence to show that Buller had notice of any trust on Major Kemp's part. It w T as the duty of the Public Trustee to make this statement to the Court, and they would submit to a decree that his dealings with the land concerned were valid and were entitled to be registered. He suggested that the Bartholomew lease should also be included, and the other side assented. For Sir Walter Buller, Mr Bell, alluding to paragraphs in the Wellington papers stating that the action had been settled, said he.wished emphatically to deny this. His client had resolutely refused to listen to any settlement, and consistently and persistently claimed to have the charges against him heard by the Court. No later than Saturday he had intimated in reply to a letter stating that the plaintiff would call 110 evidence but rely on argument on law points that if this were done Sir Walter himself would call evidence and insist on the charges being gone into. What they had just heard from Mr Cooper was a voluntary withdrawal on his part and not the result of any arrangement. Mr Cooper agreed that Mr Bell's statement was correct. Sir Robert Stout, on behalf of Major Kemp, said his client was being punished for being honest and becau.se he had the temerity to insist that he was. The Trustee asked for full costs. Mr Cooper pointed out that the Trustee was a public official directed by Law. Being this the action for costs should not be more than according to scale. Mr Bell also asked for full costs. This case was not merely a question of a few acres of land but involved issues of the utmost importance to Sir Walter Buller. The labor and enormous cost of typewriting alone was nearly £IOO. After further argument the Chief Justice said that both defendants were entitled to costs. The amount and also the terms of decree could be settled n Chambers.