SUPREME COURT.

Stratford Evening Post, Volume XXXIII, Issue 25, 27 May 1912, Page 5

SUPREME COURT.

AUCKLAND SESSIONS. (Per Press AssociatiPxi.) Auckland, May 26. His Honour Mr. Justice Edward* made severe comment in the Suprenu Court case, Atfcwood v. Seadiffe, in which a claim was made for alleged fraudulent misrepresentation in a lane transaction. Edmund Ma-honey gave evidence that he acted as solicitor for both parties. He said that lie warned Attwood he was buying a pig in a poke, but admitted he did not tell him that the land he was acquiring had been bought by Seacliffe a lew weeks before for £IOO, though the consideration given by Auwoud was equivalent to £SOO. . His Honour said he had no desire to say anything t hurt Mahoney's ieelings, but it was his duty to have warned plaintiff definitely, in writing, that the contract was an inequitable one. No man could, under the circumstances, act for both parties. Mr. Cotter said an offer had boen made for the property for practically the consideration plaintiff gave for it by the man who had grazed horse;; on it, but at this stage il, was announced that the parties had come to a settlement, and proceedings were discontinued. WELLINGTON SESSIONS. Wellington, May 26.

Section 33 of the Mental Defectives Act was exercised, probably for* the first time, by Mr. -Justice Chapman to-day, when Alfred Nelson appeared on a' charge of committing an indeocnk act. The section provides that if any person indicted for any offence pleads guilty up:>:) arraignment, or ii any person is committed to the Supreme Court for sentence on the plea of, guilty, and it appears to the Court, from depositions or otherwise, that there is evidence that lie was insane at.the time of the alleged offence, the Court may direct that the plea of "not guilty" he recorded, instead of a plea of "guilty," and thereupon proceed as if he pleaded "not guilty." Prisoner was ordered to be detained and tried at the next sessions of the Supreme Court. Jas. Madigan, alias Ashhy, for forgery and uttering, and theft, was sentenced to six months' imprisonment and three years' reformative treatment. A CURIOUS POSITION. Wellington, May 26. John McVicker applied for a divorce from Emily Sarah McVicker, before the Chief Justice (Sir Robert Stout) yesterday. Petitioner did not appear, and evidence was given by the respondent, who was represented by Mr. 6. Samuel. Respondent denied the petitioner's allegations, and said that the defendant had deserted her thirteen weeks after their marriage, which had taken place at Pahiatua in 1899. Mr. Samuel asked His Honour to grant the dissolution, which respondent asked for in her answer. His Honour granted a decree nisi on the apolication of the respondent.