Supreme Court

Southland Times, Issue 12012, 17 December 1907, Page 1

Supreme Court

MONDAY, IGlh DECEMBER. (Before His Honour Mr Justice Williams.) Ilia Honour sat at U>.2o a.m. A SUIT FOR DAMAGES. Jane McKadden v. William Stuchbory, a claim for £550 damages for alleged seduction.—Mr W. Y'. H. Hall appeared for plaintiff, and Mr A. B. Haggitt for defendant. Mr Hall informed his Honour that one of his principal witnesses was in such a mental condition that it would he Niipojsible for her to appear in the com t and give evidence. She had come to Invercargill from the country in the morning, but could not he persuaded to enter the court buildings. There were three courses open to his Honour —to give judgment for defendant, to non-suit plaintiff, or to grant an adjournment. Of the three courses, he urged that an adjournment would be the easiest one for all parties Mr Knggit submitted that it would be obviously unfair to the defendant to grant ouch a request. The charge was a very serious one, and one to which defendant had a bona fide and genuine defence, and that being to, it was not fair that the charge be Uald over his head for three months longer. He submitted that the case must go on. A certain amount of nervousness on Urn part of the girl was not unusual in cases of the kind, and could not be accepted as a sufficient reason for hanging the case up. Mr Hall admitted liie strength of the contention, but urged that the position of tire defendant was little hotter if

plaintiff were non-suited than if the hearing' were merely adjourned. It would still he possible for plaintiff, if non-suited on this occasion, to launch fresh proceedings again. His Honour thought in a case of tnis hind, which affected reputation, and where the action was launched, the parties should he ready to go on at the time 11 Mod. and if they wore not ready to do so, they should be non-suited. If a person were so ill as to be coutiucd to bed. or in such a physical ur mental condition that it would be dangerous for her to give evidence, that would be another matter, but mere excess!vc nervousness was not, in his Honour's

opinion, a snlllcient reason for disoontinuiii;', the trial in a case of this kind. Plaintiff must accept a non-suit. The usual co«Is were allowed against plaintiff. CHAIM FOR MHXHVo PAID A A SHIP'S AGENT, v.‘, S. "A aterston v. Francisco Sauiliolino. claim 11)03 19s Cd, being mc-pc.• s disbursed by plaintiff as agent of die shin Stefano Ilazeto, of v. Inch defendant was master, and fees duo for or'• iecs r<• 11 dercd. Mr \V. A. Stout appeared for th» plaintiff There was no appearance on behalf of the defendant. Mr Stoni proceede-i to r-vpir.in to the Jury that although defendant did nc-t appear, tiler" had been a Mao nn-nt of defence lilo<i. and it would lie nee* sary to prove the case. Plaintiff <>ir Watcrston) acted as ship's age.it b.r the Italian baniuc Stofano Razelo. in which capacity ho bail sjient certain sums of money, for which he Manned to he reimbursed. end wiF'fs'u certain servicer- for which he demand'wi pajment. For till" ainounl the '•'■■ net-; of the ship and also the master wire liable. It was believed that defendant Sambollno had taken si l n 1 for luil; W. S. tVaterston, the plaintiff, gave evidence in proof of the existence of a contract of agency, and also hi proof cf the several items making up the amount of the Indebtedness, Mr "Waters ton stated In the course of his evidence that be had received a k-tt-r signed by defer, dsnt .iiointing him agent. Ho had Ken uin'-.r the intpr'. ;- sion that this Km,- was in the hands of hi; solicitor, but this was not so, and Mr shout said, that it wa, pmbahly i.: the otlicc of Mr Mncg.ogor. who bad acted for Mr A Vat.-it ton at a t I Mill-din. Ills Honour said that the letter was of tin' utmost importance to tlie case, as on the content; of n itm-i depend the liability of defendant. Defendant would not k»0 liable it he had written on behalf of (he owner: I A Honour therefore reserved jti.t-;.- -a to that particular quest ice, 0.,' •! ;.>■ had had an opportunit” <■'. p ' 'r •to; >’:••• letter. Meantime there " ' t'- - '.cut the jury from a'-;‘ n,,: Him amount *- : toe It.i!e i ,i;. ■ . . . ■■:■■■■ r pis F-am-us instinct;..;-,::. ■; .■•mid for in; iff f.-r H-M; .;: übe.-i (go ae to Set;-- .- del'. -••■1 .. .ally !;a;,b.■ In ■!,: ■!• • d"d by 11.rear' . -j . o-i, t mine:: ie d a.'. I !' m. until : ;■■ a to te-d •;