District Court, Queenstown.

Lake Wakatip Mail, Issue 1583, 1 April 1887, Page 5

District Court, Queenstown.

Monday, 29th Mabcu, 1887.

(Before his Honor Judge Broad and a special jury.) T. s. smith rtrs*s s. nsciiEß. When the names of persons subpoenaed were being called over, a doctor's certificate was pat iu from R. Andeison, intimating that the latter was incapacited from attending, in consequence of illhealth, but his Honor stated that he could not receive such certificate unless the doctor were present to give evidence. He said he had ruled this over and over again in the Court, as the facilities for getting Mich certificates were too great and apt to be abused. However, he would let the matter stand over in the meantime. The following Sntlemen were then empanelled as the jury : essrs J. Brown (foreman), R. Boyue, J. Bodkin and A. Brown. Mr S. Solomon (Donedin) appeared for the plaintiff. Mr W. Tnrton for the defendant. This was an action brought by the plaintiff. Thomis Scott Smith, of Queenstown. barrister and solicitor, sgainst the defeudant, Silas Fischer, aUo of Queenstown. The declaration of plaiutiff set forth .—First— That the defendant, w acting secretary to the Board of Trustees of the Wakatipu District Hospital at Frank ton, elected under the " Hospital and Charitable Institutions Act, 1853." at a meeting of the said Board of Trustee*, held at Queenstown on the 4:h day of January, 1887, convened for the purpose of appointing a secretary, iu breach of his duty, and without due and proper care, negligently omitted to lay before that meeting, which the defendant was in doty bound to do, an application —to wit, an application addressed and sent by the plaintiff to the chairmau of the said Board of Trustees, applying for the appointment of secretary to the above institution, which appointment had l«en previously advertised and applications invited by the defendant Second—That the defendant whilst so acting fraudulently and wilfully, without the knowledge or permission of the chairman of the aaid Board of Trustees, opened certain letters—to wit, five applications addressed to the chairman of the said Board of Trustees, and also inserted in the minutes of meeting of the aforesaid Board, at their meeting held on the 4th day of Jannaiy, 1887. the name of the plaintiff a» an applicant for the appointment, knowing the plaintiff's application had not been referred to or in any respect dealt with by the trustees present at the said ineetim:. Third—The plaintiff claims one hundred pounds damages. The defendant pleaded the following five grounds of defence:—First—l deny all the material allegations contained in the plaintiffs taiticulats of demand. Second—The plaintiff has no cause of action a/ainst me. Thini— The plaintiffs cans* of action, if any, is against the trustees of the Wakatipu District Hospital, as provided by "The Hospital and Charitable Institutions Ac\ 1585." Fonrth—When the trustees of the said Wakatipu District Hospital, ou a date prior to the 17lh December, 1883. resolved to advertise for a secretary to the said lri.pt'!, and when the plaintiff alleges he sent in hi* application far the appointment of secretary, and when the application* fur such appointment were considered on the 4th day of January last by the trustees of the said hospital, at a meeting held by them (of which meeting the plaintiff had notice), he, the plaintiff, was a trustee < f the said hospital withiu the meaniug of "The Hospital and Charitable Institutions Act, 1853," an . as such a trustee he, the plaintiff, could not bgdly apply for the appointment of secretary, nor o>u!d lie be appointed secretary whilst so being a trustee as aforesaid. Fifth—That before action lenepbt the trustees of the said Wakatipu District Hospital pa>scd the following resolution, and caused a copy theteof to lie supplied to the plaintiff, namely, "That the Boarl of Trustees regrets that Mr T. S.-ott Smith's application for the appoiutment of aerretary to the said I"» r i was inadvertently overlooked at the special meeting of trustees, held on 4rh January last for the purpose of electing a secretary.'' The plaintiff was well aware of such resolution liefore action brought, and he was present as a trust!'? at the meeting of the tinsteesof the said liospit 1 when it was resn red to advertise for a secretary, and the defendant was ap|*iiuted at such meeting secretary pro trm. to the said hospital on th* motion of the plaintiff, and the defendant sap that whatever he did in reference to the several matters complained of by paint ill in hit |urticulars of demand and piper writing annexed thereto, he, the defendant, did as such secretary pro tern, as af. resai'l. ami f»r and on behalf of the trustees of the said hospital.

Mr Solomon, in opening the case, said thar, so fir as hi* client was coucerned. money had little to do with the case in dispatr, The in it:- r was one which, as it stood, affectel the character of the plaintiff. The various proceeding at certain meetings of the '.V k itipu Hospital trnsteea ami ether par-ticulars—«hii-h it was alleged would he hrcught oat in evidence—were then referred to seriatim. Counsel further raid that the three views or question for the jury to consider were:—First as to the unlawful opening by defendant of applications for the position of secretary to the Hospital Board, which charge it sastained « ouM be a cause of action. The second view was one of tort*, which meant that, although no material damage might have lieen sustained, plaintiff was still entitled to a verdict, if the allegations made were proved. The third question was one which implied malice, and if defendant was L'rlty of wi'fully suppressing the name of plaintiff as an applicant for the said position of secretary his act was fraudulent. After further remaiks coun«d concluded by stating that plaintiff did not vms to make a penny out of the matter, bat he simply desired to clear his character of a slnr which he considered had hren cast upon it—a •lor of incapacity. Counsel Wnuk) now call evidence. Wi'diam Warren. Queenstown, proprietor and publisher if the Lake Wakatip Mail newspaper, produced the original copy of advertisement in that journal of Deceniiier last, invitinc applications for the portion of secretary to the Wakatipn District Hospital trustees—applications to lie addressed to the chairman, care i.f the Bank of New Zealand, <J>ieensto*u. The advertisement was signed "S. Fisher, secretary pro Urn. T. *. Smith (the plaintiff), solicitor. Qncen«town. dtposed:—l was an applicant fcr the position of secretiiy to the Wakatipn Hospital. Jor which tenders wre called l.y advertisement in the WaK*ttp Mail of Decemlicr last. My letter (nruHocptl) containing application was addressed to the chairman of the Hospital trustees and posted to bias. I was a member of the Hospital trustees at the time, as also was defendant. We were not on rery good terms at the time the application was made, and had not been since he (-'efendant) came to Queenstown Defendant, after the applications were made b>r the secretarydiip, called a special sneering of the Hospital trustees on 4th January last, to eeoMder the applications. A fortnight aft»-r I asked Mr Black ami Mr Adair, who were pre* nt at that rifeting, also the result and what iiumher of votes I l'--L I was then told that my name was wtt ntenriooetl as a candidate before the Board. I produced copy of letter then sent by me to defendant, as follows : Queenstown, 17th January, 1887. S. Fisnrta, E«s. Dear Sir.—l was somewhat '-irtr.-H on being informed on Saturday krt that, at the hat roee'in; of the Wakatipn District Hospital Trn»tees. convened (or the r>ur)«ee o( ap}<ointing a secretary, my agitation wa* not brought forward. I distinctly recollect ie*tin;f the application as directed in the advertisement inserted by you on the Kth December hwi, and adri-ejly ahxeited mvself from attendinir the meeting, on the zroand that Betas * trustee my presence would have been i.ivi lions, the otjeU (or which the meeting »*s called. I shall be glad if you can favor me with an explanation. Yours faithfully, (Signed) T. Scott Sum. On the same day I met defendant on the lawn tet.iii- -.l'uul, and in reply to a question by me, be said, as far as I remember, that my application was laid le'ore the trustees at special meeting. I afterwards saw Mr Reid, the chairman, who said that my name was not laid before the Board, and he was not aware that I was an applicant. I then sent a second letter to defendant, as follows : Queenstown, 19th January, 1887. S. Fucmra, Esq. Dear Sir.—Adrertirg to oar conversation last evening touching the subject matter of my letter to you of that day* date, 1 called oa Mr Rcsd last night and informed him of what vou hat stated to me. and he positively denied ever bavin* seen say letter of application-<hs only letters banded to him by

yon (which, bv the by, were open) were those of Means Boycs. firth, O Mean and Maimers. Mr Reid being appointed to the chair, read aloud, In the presence of yourself and the other trust ess. th« four applications abovs mentioned, and it there, fore appeals to roe incomprehensible that you, officiating as secretary pro ttm., could have voted as you appear to have done, knowing 1 was a candidate for the appointment, without my letter being laid before the meeting along with the others. I do not mean to allege that your conversation with me amounted to a luppreuio reri, but it certainly appears to me to call for an explanation different to the one you have vouchsafed. 1 shall thank you to put in writing your answer to this letter. Yours faithfully, (Signed) T. Scott Surra. ! After that letter defendant came to my office and I began to speak about the affair, but I said—" I I want no conversation with you, Mr Fischer; whatever you have to say I must have by letter." I i then received the following letter:— Queenstown, 19th January, ISS7. T. Scorr Surra, Esq. Dear Sir.- In reply to your letter regarding the wcretarj ship to the hospital, I can only »ay that I am under the iin|Te>»ion . that I banded it to Mr Reid (the chairman) with the others, f and received it back from him. If it were inadvertently t omitted to be brought before the meeting, which seems to be ! the opinion of tho-o trustees who were present, the matter had > better be brought before the next meeting of trustees. I am, yours faithfully. (Signcd) S. Pnctutt, At the time acting Secretary to the Wakatipu District Hospital. Nothing passed between us after this, except that | I wrote the following letter to defendant:— Queenstown, 4th February, ISS7. ) S. Fucnsx, Esq., Bank of New Zealand, Qaeenstown. Sir,—Take notice that it is my intention to institute a suit against you for damages, by reason or in consequence of your having culpably, negligently and without due and pro|<er care, | whilst acting secretary to the Wakatipu District Hospital, I omitted, at a meeting of the trustees of that institution, conI vened for the purpose of appointing a secretary, to place mv . application for the appointment before the trustees, whtrh ajipointment was pnbhcly advertised by you, ai.d applications imited; and alio for damages for your having wilfully and illegally, whilst entering up the minutes of the said meeting, inserted my name as an applicant tor that appointment, knowing my application was never laid U-fcre or referred to at »aid meeting. 1 am, yours obediently, T. Scott Surra. Cross-examined —I proposed that defendant l* appointed secretary pro Um. at a meeting in the early part of Deccmlier, and was then on good terms with him, but not after. Whvu defeudant first came to reside in Queenstown, about six mouths ago, I had a disturbance with him, and repoitcd him to the head ollice, Duticdiii, for his conduct towards me. Mr Adair was prtsi-nt on the triune ground when I spoke to defendant. He asked me to speak to Mr Kejd. whuh I did, and al»o wrote as follows to ask if it was a misunderstanding:— (U undated.) Jakes Rod, Esq. Rs SrcamitTsnir to Hosntal . Dear Sir.-Mr Fischer, in hi< letter to me thW mominz, states tii.it it is the opinion of the trustees who were pre»cnt at Uie meeting for election of a secretary, that mv application •as inadvetenth omitted to l* brought before the meeting. I shall thank you to confirm this opinion. Yours obediently, T. Scott Surra. I never asked defendant to bring the matter up again before the trustees; it was not my business, i was told bv defendant that the opinion if the trustees was that it was an inadvertency. I never remember telling Mr Reid that I was satisfied with the explanation given of the matter, and with the proceedings of the trustees. I don't want monetary damages, hut if defendant had made a satisfactory explanation I should have taken no further action. I bent part of my correspondence with defendant to the head office of the bank in Jannaiy. 1 have not brought this action to get defendant shifted. Defendant and myself weic trustees at the time, Mr F. Kv.ins being permanent chairman. 11. X. Firth, Clerk of the District Court, and the successful applicant for the office of secretary to Hospital trustees, produced the Hospital mm ate book. At a meeting, not dated, it was n solved that the resignation of the secretary, Mr Mathias, lie accepted, and that applications I c called for the office of secretary—salary, £'2."i per annum. It was also resolved, on the motion of Mr Smith, seconded by Mr Adair, that Mr Fischer be appointed secretary pro Urn. The next meeting was on the 4th January, 1887. the minutes lieing in Mr Fischer's handwriting. At that meeting applications were considered tor the secretaryship. The names of the applicants we c—Messrs H. Manders. H. N. Firth, T. S. Smith (plaintiff), C. C. Boycs and M. O'Meara. Mr J. Reid was chairman. At the next nieetiiu', held on the sth February, I was present, when the minutes were read and confirmed, and the name of plaintiff was struck out. Mr Boyes was acting as chairman. At that meeting it was proposed I y Mr Boycs, seconded by Captain Wing and carried—- " That the name of Mr T. S. Smith as an applicant for the appointment of secretary to the Board of Trustees lie expunged from the minutes of sjiecial meeting of trustees of the 4th January last." At the same meeting it was also resolved, on the motion of Messrs Keid and Captain Wing—"That the Board of Trustees regret that Mr T. Scott Smith's application for the appointment of secretary to the said Board was inadvertently overlooked at the special meeting of trustee", held ou the 4th January last, for the pnr|ioße of electing a secretary. - ' Cross-examined—After the meeting of sth February plaintiff came to me and I told him what had taken place. The present suit was commenced on the 7th February. James Reid, brewer, Qrecnstovvn, and mcmVr of the Board of trustees Wakatipu District Hospitil, deposed :—I remember the special meeting of the Board of trustees to consider applications for the position of secretary. It was held on 4th January in the reading room of the Queenstown Library. I was acting chairman. The applications were received by me fioni defendant—who was secretary pro few -in the presence of the rest of the trustees at that meeting. Some of the letters containing the applications were opened—iu fact all of the envelopes except one from Mr Manders which was opened by myself. I did not see defendant open tii*- applications, and cannot say if he opened them in my presence. I never told him to open them. I did imt know during that meeting if plaintiff was an applicant; his name was not mentioned. Defendant remained iu tii..- room tdl the election was completed and the meeting over. The applications were read aloud t/> the trustees by myself at the meeting. Defendant never said at the meeting that plaintiff had applied. The minutes of that special | meeting of 4ih January, were continued at an I r.rdinary meeting of the Board held on sth ! February. Between those dates my attention was called to the fart of plaintiff having been an I applicant. In consef|ueiicc of letter I received from plaintiff I had a conversation with Mr Firth, the present secretary, about it. Plaintiffs name ap|iears on the minutes of meeting luld on 4th ; January, as an applicant, but the name was expunged before the minutes were confirmed by me on sth February. The minutes of sjiecial meeting are in defendant's handwriting. Defendant was present i at the meeting on sth February, and gave an ex- ) planation. Cross-examined—lmmediately after the special meeting at the Library reading room we hail an ordinary meeting to pass account*. There were newspapers on the table in front of me, defendant ; being ou my left. I did not notice him looking at anything in particular, or his attention being taken up with anything else. I received a letter from plaintiff touching the application in question, and I replied to him by letter, which he admitted having , received, ami said it was all right. J. Black, engineer and clerk to Lake County i Council, said—l was a trustee of the Wakatipu Hospital in Decern lier, January and February last. but am not so now. I was present at a special meeting on 4th January, wheu applications were j considered for office of secretary. Four applications ' were received, and they were given by defendant at the meeting to Mr Reid, chairmau. Some of the applications were opened at the time, but I don't ; remember any being opened in my presence. Never ! had any previous conversation with defeudant ' regarding the applications. There were only four | applications handed in, namely, those of Messrs Firtb, Boyes, O'Meara and Manders. No applica- ' tion by plaintiff was read out, nor was I aware of I him being an applicant. Defendant was present ! all the time, but I do not remember hearing him I say anything about plaintiff being an applicant. I Nothing else was taking place to attract attention. I Defendant voted—the voting was by ballot, lists of I applicants being handed to each trustee present. It waa made perfectly clear that there were only j four applicants, and there was no discussion beyond reference to the applications. t

j Cross-examined—l voted for Mr Firth. 1 cannot I remember now how I acted; I either scratched all | the names out except Mr Firth's, or wrote his name on a slip of paper. I remember defendant handling I the accounts. I cannot say if, at this time, defendant and plaintiff were bad friends. I think I met plaintiff at defendant's residence a few nights previous. Re-examined—l was not present at the confirmation of minutes of special meeting. E. T. Wing, one of the Wakatipu Hospital trustees, deposed—l remember perfectly well the special meeting of trustees to consider applications for secretaryship. We were all seated at the table j of the library reading room, The applications were all put l«fore Mr Reid, acting chairmhn, but I did not see him opeu them ; I saw him take them out of the envelopes. The: e were four applications read at that meeting, Messers Boyes, O'Meara, Manders j and Firth. I did not know that plaintiff had | applied. I do not remember, previous to the ; meeting, having a conversation with defendant : about plaintiffs name as a candidate. To his Honor—l was present at the meeting of i sth Fehruaiy, when the name of plaintiff was I ordered ;to lie erased from the minutes of special i meeting as being incorrect. Examination continued—l do not remember if the minutes of meeting were read out. Cross-examination—At the special meeting defendant was sitting on the left of the chairman (Mr Beid), and I was on the rij:ht. Defendant had a number of Hospital accounts iu front of him ; he ; was engaged with them, and did not appear to be j engaged with the applications for secretaryship. I i rememlier Mr Reid opening the applications, but I not defendant. Mr Reid had also a lot of papers j before him. The meeting was held hurriedly. We I appointed the secretary by liallot—the names being put in a hat-each one writing the name lie voted for—and it resulted in Mr Firth being elected. Re-examined—Mr Reid took the number of votes recorded. Aftekxoon Sittings. Charles C. Boyes, Chairman Lake County ! Council, deposed :—1 was present as one of the | trustees at a special meeting of Wakatipu Hospital Board on 4th Jannaiy last, when applications for the office of secretary were given by defendant to the chairman (Mr Rrid), who opened them. 1 noticed the covers were broken. There were only four applications. Defendant made no reference to any application by plaintiff. The applicati ns weie read out. Never had any conversation previous to the meeting with defendant about these applications. I was also present at the ordinary meeting on sth February, when minutes of special meeting were confiitned. Winn they were read over I pointed out that plaintiff's name as a candidate was iiicnric:t. and stated that the minutes could not lie passed with his name on. Plaintiffs name was erased. Defendant was present, and he made no objection to the name being erased. 11. X. Firth, re-examined—l got the book and minutes of special meeting with the name of plamtiff in them, , Cross-ex mined—After difendant had entered up the minute; he gave me plaintiffs application with the rest. Tin-re were the ordinary newspapers ou the table at the time of special meeting. For the defence, Silas Fischer, defendant in the case, deposed : In December last I was one of the Wakatipu District Hospital trustees, ami Was present when it was resolved to call for tenders for the olfice of secretary, and I was appointed secretary pro tem. I called b r applications by advertisement, and received live—four through the p ist and one put under the bank door by Mr Manders. I tied a piece of strong string round them and put them in a lt'cr Ikix iu my private room. The minutes of social meeting on 4'.li January arc in my handwriting. When going to the meeting I had all the papers—including the applications and accounts—in the minute book. I did not open the applicatio> s, but brought them to the meeting tied up iu a string, and never tampered with them. Mr Keid was appointed acting chairman at that meeting. Mr Adair and myself went up together from the steamer. As soon as I came to the meeting, and while the trustees were electing a chaiitnan. I put my tin.-cr through two or three of the applicati* ns to save time. J handed the rive applications to Mr Keid as soon as he was elected chairman—plaintiff's application being amongst them j I distinctly sawit. I believe I did open it ami saw it. Mr Reid commenced to read the applications in full, and one of the trustees raised a question as to the fitness of one of the applicant). I then turned round to 1 .ok accounts, etc.. for the ordinary meeting. I paid no attention to the applications after that, and should not have done so except that Mr Davidson called attention to the unfitness of one of the applicants. We had a ballot for the secretaryship, and I voted for Mr Firth by putting a s'ip with bis name on in a hat. After the election of Mr Firth I went to him to get him to take over the papers, and on my return found pldntifFs application with the rest ou the reading room tal lc. I v\a« on very good terms at that tim- with plaintiff, and he wis ou visiting term* at my h. use It did not make the slightest difference to me who was Decretaly. j After meeting I t-mk the minute b «ik and applications to the bank t" en'er up. The only minutes I i took were the names of the ttustces present mi an envelope, and when I got to the bank I rilled up the minutes and entered the names of the applicants by refening to their letters. I was not then aware of pi lintifFs name not having been before the meeting. ! The minute book and applications were then handed to Mr Firth as se r. trw I received the letter ! produced from plaintiff (letter above of Januaiy 17.) J When speakir.g to plaintiff on the subject ou the I tenuis ground I said to him, *'l really don't know I if your application was iu or not." He then called I Mr Adair, but I cannot say exactly v\lnt he said, ' nor can I say what was said about Mr Keid. I then got the letter of 17th January and the second I letter of 19 h January. After getting the litter I I went to plaintiff's office, and on seeing him said, j "I got your letter. Mr Smith, but our inspector is here and you had better let it stand over for a day • r two. I have not time to bother with it just now, but it is perhaps better to bring the matter before I the trust' a at their next meeting and have a fresh ! election.'' He said, "If you have not time to bother I ab »ut it I have; and if you do not write me a letter | abmit it I will publish the whole correspondence." I I th-n went into tire bank and wrote the letter ! (produced) date! 19th January, and give it to him. I saying—"Bead that; will that do?" He replied I "Oh. yes,'or something of the kind. Defendant ] was not present at next meeting of the trustees, but I scut in his rengnatiou. On the 4'h February 1 got the threatening letter of that date (produced and I afterwards a summons. Plaintiff intimated that he wanted the matter opened up again. Cro<s-exaniined—l have been in Queenstown six j or seven mouths, and only had one quarrel with ! plaintiff. He threatened to report me to the head office, and aubserpiently carried it out just lie fore | these proceedings were commenced. I did not | apologise. I knew by the handwriting from whom I the applications came before opening the envelopes. I handed Mr Keid live applications— not four. I am j positively certain I handed five applications to Mr Keid. In my letter of 19th January to plaintiff I intended to convey that same meaning. I am , absolutely certain, despite the belief of the trustees, that I handed all five applications to Mr Reid, aud ; presumed he would read them all. I was too busy with other important matter to notice particularly what was going on at the meeting. I was fixing up accounts and papers for the ordinary meeting, and j perhaps reading the A urtraUuian or some other paper. The only thing I took down wa9 the names of trustees present, although I knew my duty was to take minutes of the proceedings. I cannot swear I did not take any applications out of the envelopes. When I got back, after going for Mr Firth, the plaintiff's application was out of its envelope; s >nie body must have taken it out, I positively swear I handed the application to Mr Reid, and somebody must have taken it out of the envelope. When I | came back with Mr Firth there were live applications on the table. I cannot offer any solution—it is inexplicable—except that Mr Reid might have i turned over plaintiffs application with a newspaper. To his Honor—After the meeting I picked up all the five applications and took them to the bank with the minute book. i

Cross-examination con tinned—The first intimaI tion 1 had of application not having been read was 1 plaintiff's first letter. I took no steps to alter the 1 mistike made in the minute book, and when it ! came up there was still the incorrect entry. I J mentioned the circumstance at the meeting, hut j cannot say whether I pointed out the error before Mr Boyes. I suppose what Mr Boyes swore was correet. Re-examined—l mentioned the matter to the ! trustees before the minutes were confirmed. H. M. Adair, one of the trustees to the Wnkatipn Hospital, said I reincmbir plaintiff speaking to ! defendant on the tennis ground, and the first-named j asking me if I did not say the previous night that plaintiff's application was not in. I said '• As far as I remember his application was not there; but it might have been." On the day of special meeting defendant went to the meeting in a hurry. I had an impression that defendant opened some of the letters. To his Honor—Under such circumstances it is usual for all to tike part in the ptoceediugs—defendant Uing a trustee. This concluded the evidence. Counsel for the defendant and plaintiff addressed the jury, each referring to points in the evidence in favor of his client respectively. His Honor, in summing up, said the case turned on one central fact, namely—Did defendant give plaintiff's application to Mr* Re-id, chairman at the special meeting to consider applications for the secretaryship. If so th» present action would not lie. His Honor shortly lefcned to points in the evidence, and reviewed the evidence first on plaintiff's side and then on that of defendant, on whose explanation turned the whole case. The vety serious feature in it was as to the truth or untruth of the evidence given by defendant, as it implied the very gr.ve charge of having suppressed the letter containing plaintiff's application. His Honor continued—Now we will lake defendant's own evidence in which he 38«erts that he gave the said letter to Mr Reiil, the acting chairman. If such were really the case did Mr Reid inadvertently mislay that letter? It struck me a3 singular—in fact surpiising— that defendant, knowing plaintiff was an applicant, did not, when the names were read out, mentioned tb.it applicant's name was omitted. If there was an error in not considering plaintiff's application, it was not for plaintiff but for defendant or the trustees to have re-opened consideration of the application. If you think that defendant did wilfully suppress plaintiff's application, you will have to assess damages for plaintiff. If you think, on the other hand, that defendant's story is the tiu.- one. plaintiff is not entitled to damages—but ctl crwise, he will be entitled to at least nominal damages. The jury here retired at ten minute? past four o'clock ; but returned into Conit, when his Honor told them they must be unanimous, and if not agreeing after six hours they could be discharged. They again returi rd into Court at o o'clock, and, in reply to the usual (jnesijons, said they fouud for plaintiff, one farthing di mages. MrTurton asked whether the case wa" not one which could more pnjprtlv be heard in the Supreme Court, and he raisi d ai/icsti-m as to thejiiris liction of the District Court Mr Solomon sud the main object f;;r bringing the case into the District Court was tu save expenses ami to have a jury. His Honor said the ca«e miL'ht have l>cen heard in the Magistrate's Court without « jury, but he thought it was a proper one for a jury, .tad to be heard in the District Court. (Before his Honor Judge Broad.) Miller v. Butcmcnt.—fudgnient confessed. is BANKRUPTCY. In re Peter Henderson, A now town, carrier.— Application for order of discharge. Mr Smith fur applicant. His Honor made some reference to a solicitor acting in the alsence <f the official assignee, but it was stated that no one in Queenstown was willing to uudeitnke the duties of deputyassignee. Order granted. In re, J. B. M'Lccly, Kiidock, labourer, and J. Smith, applications f.»r discharge were granted. Mr Tiirtou for applicants. In re T. Gibson, Lower Shotover, and 0. Woodr.Av, Queenstown, order of release of deputyassignee were giuiited. Mr Ttirton .'ppeared on behalf of the deputy-assignee, who was absent from town. Probate was gra-'ted in the estate of A. Southbeig, deceased, on behalf of the widow of deceased, sole executrix. Mr Tuiton for applicant. Probate was ordeu-d to lie granted in the estate of L. de Beer, deceased, ; p s soon aa an affidavit as to value was filed. Mr Smith for applicant. Re. J. B. Kerr, Kingston, deceased, intestate. Letters of administration were granted on application to Mr Turton. i