NEW TRIAL REFUSED.

New Zealand Herald, Volume LVI, Issue 17139, 19 April 1919, Page 12

NEW TRIAL REFUSED.

j MALICIOUS PROSECUTION CASE. Judgment was delivered on Thursday by Mr. Justice Hosking in the case in which Maxjorio Juanita Olga Richards (Mr. Singer) proceeded against Joseph and Florence Gardiner (Mr. Ostler) for alleged ' malicious prosecution instigated by Mrs. Gardiner. It arose out of a charge before ' a magistrate that the plaintiff assaulted Mrs. Gardiner by firing i, revolver at her. i The action was tried in the Supreme Court ' in March kst, when the jury found that > in making complaint to the polipe Mrs. Gardiner was actaated by spite or ill-will. ; They assessed the general damages at £10 ' and the special damages at £7 7s. Tha plaintiff then moved for judgment, but tha case was adjourned for further consideration of the question whether Mrs. Richards! 1 could be held to have instigated tho prose- ' ration. This question was argued on April 1, together with a motion for a new trial on the ground that the verdict was peri verse ana against the weiight of evidence. In his judgment 'Mr. Justice Hosking held that a case for a new trial had not been made out. It was inconceivable that without a statement on the part of Mrs. Gardiner that she had been fired at the police would have laid a charge. She haa had ample opportunity to correct her statement ; if she had thought fit to do so, but had not done this. Judgment would therefore be entered against defendants for £17 7s. The plaintiff would be entitled to costs of the action on the lower Court scale, as he 1 did not certify that the case was a proper : one to bring before the upper Court. Tho defendant must also pay the costß of the motion for a new trial anci judgment £5 5s I and disbursements.