THE CANE-LUNDON CASE.

New Zealand Herald, Volume XLIII, Issue 13095, 7 February 1906, Page 6

THE CANE-LUNDON CASE.

INSTRUCTIONS TO THE PLAINTIFFS SOLICITOR. APPLICATION FOR COSTS DISMISSED. TnE case in which Ellen Cane had sued J. R. Lundon, solicitor, for the return of £75 was finally settled at the Magistrate's Court yesterday, before Mr. C. C. Kettle, S.M. When the case was before the Court last week a notice of discontinuance was filed, and the only question before the Court was that of costs, which was adjourned until yesterday.

When the case was called on yesterday, Mr. E. Mahony,' solicitor for the plaintiff, said he did not undersand his position at present. At twenty minutes. to ten that morning ho had received a message, purporting to have come from his client, that the matter had been settled. Ten minutes later he received a letter, dated February 2, purporting to have come from his client. He questioned the man who brought the letter, and the only answers he got were snubs. It was a peculiar position, and he was not sure these things were genuine, for only the previous afternoon he had bad emphatic instructions from Miss Cane that ho should proceed on the question of costs. ' Mr. Kettle: The position is clear. You wore instructed in the case, which was adjourned, and finally settled by your client. Mr. Mahony: • She tells mo she did not know what she signed. Mr. Kettle: If you have her instructions .to go on you can do so. I ' Mr. Mahony: Her instructions yesterday were, to go on with the question of costs. Then messages come to mo to-day, one delivered by a rough-looking man, telling me not to go on. " I would ask for an . adjournment until Thursday, and in the meantime I will have these suspicious messages confirmed. If they are genuine, of course, the matter ends.

Mr. Lundon: Have you those vague messages in writing. Mr. Mahony: I will address the Court. I have one of the messages in writing, bearing the mark of my client and witnessed by a man.'

Mr. Mahony read the letter, which instructed him not to appear in the Court or proceed with the case against Mr. Lundon. The letter ended, " So far as I am concerned my claim and complaint against Mr. Lundon are absolutely and finally withdrawn." Mr. Lundon: I object to the remand. I cannot bo here day after clay. He has admitted that his client has withdrawn. He was told on Monday that he was not to go on with the case. This is the result of 15 years' vendetta. Last Tuesday Miss Cane notified myself and a witness in the street that she had no intention of going on. She went to Mr. Mahony, who told her that he would abstract £♦ or £5 from me for costs.

Mr. Kettle: There is no reason to say any more, Mr. Lundon. I will not adjourn the case, and will not allow costs to either side.

The proceedings then ended.