THE JURY'S REPLIES. CHRISTCHURCH, December 21.

Otago Witness, Issue 2650, 28 December 1904, Page 27

THE JURY'S REPLIES. CHRISTCHURCH, December 21.

The Judge intimated that he was satisfied that the parties were entitled to a record! of such of the issues as had been answered)

dy the jury. The following are the issues us answered by the jury : — (1) Did the defendant use the following words in a speech delivered by him in the House of Representatives: "1 will put on record the details of a court-martial that was not held in this country, that was not held by Colonel Porter, but was held by some Imperial officers upon a New Zealand officer "?— Answer : Yes. (2) "Were, the following words spoken by Mr John Duthie to defendant: '"Tour remarks were rather strong in the House this evening " ? and did defendant reply, " Yes, it is all true. I can make it good " ?—? — Answer : Yes. (3) Did the said John Duthie then say to defendant: "I euppose you referred to young Seddon " ? and did defendant, by a mod, answer that question in the afHrma- i (tive " ''—Answer : Yes. (4) If Yes, did defendant impute thereby 4hat plaintiff had been guilty, as a military officer, of^a grave and disgraceful offence against military law and discipline for which he was court-martialled? — Answer: Yes, by a three-fourths majority. (6) Did the defendant speak the following ■words to Roland Spencer of and concerning plaintiff in his calling or profession of a military officer : "I believe Captain Seddon ran away and left his men, and -was courtmartialled for it " ? — Answer : Yes. . (7) 'lf Yes," did defendant impute thereby ihat plaintiff had been guilty, as a military officer, of a grave and disgraceful offence against military law and discipline, for which he was court-martialled?— AnsVer: No, by «, three-fQurths majority. • (8) Were these words" put interrogatively? •-Answer : Yes,, by a ! three-fourths majority. . (11) Is it true, as alleged in the defendant's justification, that Lieutenant Dillon could not withdraw his scouts? — Answer: No. And sent messengers to the plaintiff earnestly begging for assistance? — Answer: Xes. ■ And the plaintiff refused to send any assistance, and a very short time afterwards ordered' his troops to retire? — Answer: Yes. Is it true that the plaintiff thereupon, and the whole of^ his troop, galloped some. three 1 miles, and, although there were two or N three positions which they could have easily held and defended, and so enabled the scouts to themselves, they passed such positions at a gallop, and never halted until they were out of the range oJ the enemy's -fire and in absolute safety? - Answer: Yes, by a three-fourths majority. „ That, by desertion of his scouts, the latter were unable to extricate themselves without loss, and as. a consequencei thereof the said Lieutenant Dillon was shot, and died Boon after, three other men were killed, aaid other men ' wounded? — Answer : No, by a three-fourths majority. 12. If the words set out in the second, fchird^ and sixth issues,, or any of the>m, were used by' the " defendant. " were they used maliciously? — With regard to the second and third issues, no decision. On the sixth issue, no, by, a three-fo;iirths majority. ( .13. What damages/ if any, is plaintiff entitled 1 to recover from defendant, (a) in' respect' of the words" .set- out in... the second. and third issues;" and (b) in respeot of the', ■words set out in the sixth issue? — Not »nswered in either case. • (Feoh Oub Own, Correspondent.) WELLINGTON, December 22. The New Zealand Times says': — "A new trial in the Seddon-Taylor action seems the" only course possible after the^ indecisive outcome of a case involving the honour and reputation of the plaintiff and the public standing of the defendant. A change of venue -woulof remove the hearing beyond the snhere of local prejudice or preference, and a trial in Dunedin or Auckland would doubtless result in a right decision being arrived at on the merits of the case. The question of privilege, which has not been fully argued and which touches a principle of far-reaching importance, will presumably receive more attention at the new trial. No case for many years past has excited such •widespread interest as. the one under notice. Everyone' must agree." adds the Times, "that the matter has been inquired into -with great patience and impartiality. In Applying for a change of venue, therefore, -ihere can be no implifed reflection on Mr 'Justice Denniston, but the case having assumed a eemi-political complexion, it is, ■we presume, thought desirable that decision alegar ding it should be arrived at in an atmosphere free from, strong popular feeling for or p*rainst either party." The Post saye : — " Though the indecisive result of Ihe slander aotion brought by Captain Seddon against Mr Taylor, ' M.H.R., can give satisfaction to neither party, we pannot see that either plaintiff or defendant can 'complain of the want of a fair and a patient hearing. Mr- Justice Denniston, Though a .man of strong personality, and considered by many when he was at th& JBar to be too brilliant an advocate to make as great a success on the Bench, has held the balance with admirable fairness in an exceedingly difficult" -case, and the manner an which he has restrained the impetuous layman who conducted his own case, while preventing his suffering from his ignorance >pf technical rules, was worthy of the best judicial tradition. But powerful advocacy and hosts of witnesses and 1 the lucid directions of the judge have, after eight days, failed to convince a Christchurch special jury that either party was entirely in the tight or entirely in the wrong."

On Thursday morning Sergeant Johnston and Constable Roche, of Amberley, raided a store at Scargill, seizing a quantity of ale and spirits which was brought to Amberley by the evening train.. It is understood that prosecutions will follow. Walfcham Abbey, which is being " restored" for the third time within 40 years, was the scene of a grim practical joke which Henry 111, whom no historian has susrpected of being a humorist, once played .-upon an epicurean abbot. Disguising himteelf in the dress of one of his guards, {Henry paid a dinner-time visit to the abbey, where he ,was invited to the abbot's own ftable. A sirloin was set before him, and •the hungry monarch played so good a part *hat the abbot exclaimed: "I would give 8.00 marks could I feed so heartily on beef «s thou dost, but nfly poor queasy etomach can scarce digest the breast of a chicken." A few days after the abbot was arrested, lodged in the Tower, and fed for a fortnight on bread and water. Then he was given a sirloin of beef, which he ate as heartily ms his ploughmen. In the midst of the meal King Henry burst into the room and demanded the 100 marks. Unhappily, the chronicler does not mention the name of the abbot.