SUPREME COURT.

South Canterbury Times, Issue 2956, 30 November 1900, Page 3

SUPREME COURT.

Per Press Association. ‘WELINGTON, November 30. An action was heard by the Chief Justice this morning, in which George M. Hewson, a blind man carrying on a labour agency, sued Thomas Shute, of Taihape, for £3OO damages for alleged libel contained in a telegram, as follows:—“Unless money is returned immediately will sue for obtaining under nveteuces.’’ Defendant pleaded that the telegram, which he believed was sent by -his wife, was forwarded without his consent or knowledge. As the parties had agreed that if the telegram was found to be defamatory damages should be £2 with £lO costs, His Honour reserved his decision to consider the important bearing on the case upon telegraphed communications. The second case against Brother Wybertus,. that for alleged indecent assault upon Thomas Owens, was begun before Judge Edwards this morning. Owens in cross-examination; admitted that he had written friendly letters to Wybertus since left the Stoks school also when pressed he acknowledged that two other boys had committed indecent acts to him, but ho still persisted that he was not inventing his charge against Wybertus. Wybertus gave evidence on his own behalf, absolutely denying the allegations of the witness Owens.

THE FOGO CASE

DUNEDIN,. November 50

Mr Sim addressed the jury for over an. hour in defence ot Mrs Fogo, urging that his client was entitled to acquittal on the ground of justifiable homicide. He made an impassioned appeal that while she was j a model wife and mother the deceased by ' habitual drunkenness had driven her to despair, and that he on the fatal morning awoke from a drunken sleep, snibbed the bedroom door, and attacked her with the knife, threatening to cut her throat. It was due to this fear that, as he was in the act of snibbing the door, she struck him with a walking stick,and afterwards wrested the knife from him while he was dazed from the effects of the blow, and dealing the death blow when she was mentally unconscious through her paroxysm of fear. The jury retired at 12.30 p.m.