A SINGULAR CASE.

Oamaru Mail, Volume I, Issue 10, 3 May 1876, Page 4

A SINGULAR CASE.

An e3rtrao«tinaiy ease, wWcß' thG p «atiff »# »° «"»«« tT„*£ conapira<7 r ea»« Wfwte e j tte ~tW day. »« J ' r - J " ! '" »gentleman restdmg at Reusing- -" ton, conducted his caae in person. Mr. Cibbons and Mr. Stale represented the defendant. The plaintiff, in opening ins ™ apologised for being obliged to do he cottld *«t obtain the assistance of counsel; lib vcice w W fe>w, as he had been snfferiug from bronchitis, ami he was so deaf that lie farted fie could not hear what m poing «n. He said that unfortunately he haet_a brother who was a fanatic and had an interest in a distillery, hel (the plaintiff) fcetng his committee. Colonel Dkteion and himself were on tnttinate terms, ant* one day Colonel Dickson httvicsf cttneil »ft«l with lutwi tteuttsetl him of having committed an aagaolt on hint, and for this brought an action against him, which was tried at Guildhall B»t ht? denied that he had ever assaulted Colonel Diefcaou. lie afterwards went abroad, but he left notice where he was to tie found; nevertheless, t» judgment was obtained behind his). back, and be was sold np> lor £25 when he haul £T€© at hi# bankers. For that he claimed £5,000. The learnedjttdge said that perhaps the moat convenient coarse would he fee the witness to get into the witites.-i-'hox «ttet state his; case on oath. The plaintsß : I think SO, tew, my tofti. The plaintiff was ticcordingl V" sworn, and he then asked if the ease might stand over until he could fet counsel. for his secretary had just told in* he cottld not get counsel to appear tor hint. Mr. Gibbons said he could not consent to the ease being postponed, for Colonel Dickson had fe«s subjected to great annoyance, and he wanted to get rid of the matter. Mr. Justice Qnain said that under these chrjUfHsiances the ease roast proceed. The plaintiff : Then may any one read my brief for itie, my ford H Mr. Justice Qnain : Well, I never heard an application of that kind before. The plaintiff : Bat ( can't see to tead it, and 1 can't hear. He then proceeded to state that daring: his absence abroad, in August, 1874. an execution was taken out, and his two> houses were stripped of alt their eontents, and seven of his carriages were sold. All this was; done t>y a conspiracy. Mr. Gibbons observed that amongst the conspirators were the late sheriffs of London and Middlesex. In fact there were two actions brought against the plaintiff'-—the Due by Colonel Dickson, and the other by Maty Anne Jones, a former servant of the plaintiff, who tin she wrongfully gave into custody for felony, and who recovered £25. Mr. Justice Qtain: Mr. Booth, you have mistaken your remedy. You ought to have act the judgments aside. The plaintiff': I knew nothing fabout the judgments, nty lord. Mr. Justice Quain : .But 1 understand yon were at the trials. Yovt shottld have appealed to a jttdge to " set the |ttdginents aside. The pfaint'tF: What, at Omfdhalf f Mr. Justice Qtiain : Ko, at Chambers. The pLiit:tiff: It was all the fault of Mr. Browntow, whom I tnfttracted to brin« a cross-action, but Ety did not do so. JHr. Jostiew Qwaiti : But t yeti hrottg.ht an action against Mr. I'rwtit«w, and failed. The ptaEfititi": Yes; 1 i was was thrown over, as t ant now*, i [ have offered £3O for counsel in this case. I ami I cannot either hear or speak myself; I bttt I leave it to the jlnry if a tuau's hoitse I m ti>be broken into in his alisenco- and all [; his property taken. They even took my | papers—some of them relating to property I amottntmg' to- £33,00€>, in which I had an U interest. They also sold my carriages, which were worth £760. I paid 'Mr. Brownlow £l6O, but he did nothing f»r tue. Mr. Jttstice Qttain : Have you g«t any evidence of conspiracy ? Tlte platnItiff t Yes. I say that Colonel Dickson conspired to deprive me of my property. My brougham, which cost £7O, was sold for £6. Mr. Jttstice Qviatn : I am of opinion that you have ottered n»> evidence whatever of conspiracy. Tlte plaintiff: My lord, t don't see that. Mr. ; Justice Quain : Yon have proved no coni spiracy, and I therefore ©Teler judgTKent |te< be entered against yott and that you be Nonsuited. The plaintiff : Tfiat will not prevent my bringing another action. Mr. Justice Quain * Yes ; under the new system i It will. The plaintiff was nonsuited «e----jordingly.