SUPREME COURT, NELSON.

Marlborough Press, Volume XIV, Issue 869, 3 September 1873, Page 2

SUPREME COURT, NELSON.

[Before His Honor Mi : Justice Richmond.!

Eras- v;' HenubrsoW.

Mr Travers, assisted by Mr A. Adams, appeared for the plaintiff, and Mr Conolly, assisted by Mr- Pitt,'tor the defend mt. ;:; t .';; .;;;iH ’Mr Adams read the declaration, which was of , considerable length, charging the defendant with having unlawfully, wickedly, designedly, &c., intending to make it believqdf that plaintiff was immoral, dishonest, ill-disposed, &c., &c., and •unfit to hold-certain offices or honor," profit, “and trust he then held—to wit;, those jof 'Justice of the Peace, Commissioner of Crown Lands, and Sheriff.';:;' j ,L'.tavi. Damages were laid at £2OOO. The Special Jury was as follows :—Messrs A. Sclanders, J, T Lowe, A..Greenfitld, J.'Symons, W. Wells, W. C. Mirfin, Moss Davis, D. M’Dopaid.J. Wat kips,. E. Levies W. jStayett, ana J. W. Barnicoat (foreman). During the first day of the trial, Mr. H, C. Baddeley, <ff ,'the Magistrates’ Goiift, produced certain .papers “from £he Minister of Justice to produce in Court. Mr George Henderson, the defendant, underwent, a long examination by Mr Travers; f - - Timothy W. Millington, proprietor of the Marlborough News,“deposed to- having’himself reported -the meetingr which' appeared in that paper of the 31st October. The resolution of the meeting had bebn procured by a man in his office, Hoskins ; witness never saw it himself ; beiieved. it was landed back, or might have been given to the other newspaper,. W H. Eyes was a considerable time under examination He admitted having coin nenced a .connection with Charlotte Johnston,, in, Wellington, in 1867, but denied her having come to Blenhiem at his request. It was not true that at the time of the public .meeting, or since, he had committed adultery with her He was then a m.rriediinan j.did not know whether he was now. A decree of separation had been granted by the Divorce Court since then. Was first married in 1847, Was first elected to the House of Representatives about 1860 or 1861,'i.,. . On the second day, Mrs Lawrence, Charlotte Johnston, and John Tucker Robinstoh were examined: and the plaintiff’s case clo-ed. Hie Honor gave leave to Mr Conolly . to move to enter a nonsuit on three grounds,:—(l) The improper admission of secondary evidence of the resolution complained of. (2) The absence of proof that the petition published was that which the defendant signed. . (3) The absence of proof that the petition sent to Wellington was that to which the defendant’s signature was attached.

Mr Conolly then addressed the jury for the defence, and called Mrs Eyes, who corroborated the evidence given by Harriet Register at the Court in Picton, and entered into many details that elaborated the evidence given by witnesses at, the former trial/),'lhe cross-examination by Mr 1 ravers failed to shake the -testimony of the witness in the smallest degree. Afcer the evidence of Mrs Eyes the Court adjourned. On the third day Mrs Register, Mrs Warner, • Mrs Pritchard, Mr Smith, Mr Gorrie, and Mr H. Dodson gave evidence, and the cross-examination of Mr Henderson was concluded.

The evidence given by witnesses was nearly the same as was given on a former occasion here, and the fresh witnesses called confirmed what previously had been stated. The only new fact that came out was the coiitrad.ctiou by Mr, Henderson and Mr Dodson of a portion of the evidence given by Mr. J. T Robinson; and the testi*. money that they had both been eye witnesses, to Mr Eyes visiting Mr Lawrence’s house On the fourth day the'counsel on both sides ad iressed the jury, and the Judge summed up, after which the jury retired.-and were absent over two hours. Upon their return into Court we learn, by telegram, that they found a verdict fdr Mr Henderson on all the issues. .