AN UNUSUAL CASE.

Otago Daily Times, Issue 13207, 14 February 1905, Page 6

AN UNUSUAL CASE.

(Pisn 'Dhited Phess Association.) AUCKLAND, February 13. A case came before Air Justice Edwards at the Supremo Court on Saturday in which one brother charged another with forging and uttering a deed of agreement at Whangarei. Tho accused was George M'Connell, who pleaded "Not guilty." After hearing evidence his Honor (summed up, and aid this was a most lamentable and extraordinary case. It was exceedingly lamentable to find one brother prosecuting another on a charge of forgery. By no way of rea6oning could it bo conceival to bo the duty of a brother to take such a step as this. It might, by an extreme, vitw, bo held to bo his duty to inform the polioo; but in this case they found Robert M'Connell initiating a prosecution and retaining a solicitor at very; great expense to conduct a case and bring him down hero from Wliangarei to press the case in every possible way against his brother. Presumably it was at his expense; certainly he hoped it was not at tho expense of the State. In all his Honor's experience in a court of law ho had never before scon such a proceeding on the part of one brother against another, and ho hoped not to seo it again. It certainly showed very groat spite on the part of tho prosecutor, and a deliberate intention on his part to orush his brother in a civil suit, which was pending, and that circumstance must undoubtedly mako the , jnry view tho actioii of tho prosecutor with a very considerable amount of suspicion. The story which tho accused mau, Beorgo M'Connell, had told in the witness-box was. he would confidently assure the jury from bis judicial experience, an exceedingly probable one, and one- borne out by documents and by the story of their preparation. He had absolutely no hesitation in telling the jury that he thought tho prisoner ought to bo acquitted. Tho jury, without retiring, found prisoner " Not guilty," and he was discharged. " /