WAIUKU R.M. COURT.

New Zealand Herald, Volume XI, Issue 3995, 1 September 1874, Page 3

WAIUKU R.M. COURT.

[Before E. C. Barstow, Esij., K.M., and "W. J. Harris. Esq., J.P.I A case of somewhat unusual interest was brought before this Court on Saturday last, 29th ultimo. David Fui.lerton" v. Major Lusk.— Major Lusk, as commanding officer of the Forest Rifle Corps, was sued for ±2, as capitation due to D. Fullerton, a private in the corps, for the year IS,'3. The plaintiff having since that period, with 10 or 12 others, left the corps in consequence of a disagreement respecting a new uniform, which was forced, upon them against their consent, the amount had been demanded of Major Lusk by the men, and refused, they then menioralised the Defence Office, and this being favourably received, an order for its payment was issued to the Commanding Officer, and this was again refused. The men v.ere therefore driven to take legal proceedings for its recovery, and this was the first case brought forward. Tlig plaintiff stated his case, but from want of legal knowledge, did not furnish sufficient evidence on several points, and was frustrated by Major Lusk by technicalities in several objections. Mr. JI. Crisps, late Sub-Lieu-tenant in the corps, stated that for some few years past there had been no finance committee appointed, and no treasuvcr, neither had the co l os auv account of the expenditure of the funds collected. Thomas Murray and J. Hunter, privates in the corps, were called, and .stated that capitation was due to them also. Ma jor Lusk defended his own case. A letter signed by Colonel Moule, Acting Under-Secretary of Defence, was produced by plaintiff, ordering the money to bo paid, but as the signature was not proved, it could not be admitted. The ease was, therefore, dismissed, with liberty to bo brought forward again.