NELSON DISTRICT COURT.

Colonist, Volume LI, Issue 12405, 21 November 1908, Page 2

NELSON DISTRICT COURT.

AN APPEAL DISMISSED J la the District Court judgment was -delivered yesterday dismissing tbe appeal in the caso Hi. 'ley Uros. v. Kerr, wit 1 ! £10 10s costs to the resprndent. District • Turlj;'; Haselcien said tbat he bad read and re- read th« tvi det:c, and that tim evidence of ttie p!anti!Ts in tho Court; b»low and contradictd ■•vita sunh forco as to mak» him think that if be bad to decide the c:isson the original plaiDt he should have inclined to the ai<pellint's (defendant's) story being the more credible of tbe twn; But ho did not see or bear tbe witoessss, and much depended on their manner aod demeanour.; In this case be thought the evidence for tbe appsi« lant read bitter than tbe evidence for the respondent ; but tbe Magistrate who saw iind heard the witnesses, believed the' former and disbalieved the latter, and he could not say that the Magistrate was not justified in so doing; Ho had hesitated long before coining to the conclusion that on the whole evidence he could not say the -Magistrate was not justified in coming, to the decision he did, and the more reluctantly behause there was no appeal from the District Court." It was, bowever, some'satisfaction to be able to recognise that tbe respondents were only being .paid '.'money, which fcbey aaciacfcii Ally earned. .'■-'•'' Mr Hayes appeared for the appellant/ and Mr.Maginbity for the respondent, i