SUPREME COURT.

Timaru Herald, Volume LX, Issue 2647, 9 March 1898, Page 3

SUPREME COURT.

Per Press Association. AUCKLAND, March 8. The Grand Jury found a true bill against Heinrich Pohlen for murder. DUNEDIN, March 8. Mr Justice Williams gave judgment to-day m the matter of the payment of thecosts of the Liquidator of the J, G. Ward Association, m conducting the examination of officers, etc. His Honour said that the order of the Court did not compel the Liquidator to examine the officers, but simply directed that he should be at liberty to issue a summons. The Liquidator could, therefore, have stayed his hand until the costs "were, provided for even after the order was made. If the Liquidator had represented to the Court at the time when the order was applied for that there were no free assets out of which the costs of the ex- j amination could be paid, the Court would not have made the order except upon the terms that the persons who asked for it should pay the costs. The Court would have had no jurisdiction to apply the property of the debenture-holders towards paying the costs, and there was no other fund available. The summons was dismissed without prejudice to any application re free costs. In chambers, the matter of the petition of certain shareholders, asking the Court to direct the Liquidator of the J. I G. Ward Farmers' Association to prosecute J. G. Ward and John Fisher, was called on. A telegraphic copy of an affidavit sworn at Wellington by Mr J. G. Ward was put m. This was to the effect that he had received a cable from Mr McCaughan, denying that he had m any way acted as Mr Ward's agent, or had obtained Fleming's memorandum by any improper means. Further, Mr Ward swore that he never threatened or authorised anyone to threaten any of the petitioners with an action for damages. He had given instructions to proceed against Fleming and Gilkisonin connection with the purchase of the Hokonui Coal Company, but was advised to refrain, to prevent even the suggestion that he was bringing pressure to bear to withdraw the petition. Mr W. C. Macgregor, who appeared for the petitioners, read the summons, which asked for the prosecution on the ground that Mr Ward,>as a director, and i Mr Fisher, as manager, had made and circulated certain statements which they knew to be false m material particulars, and that they had falsified certain books of the Association, etc. Xo support of the application Mr Macgregor detailed the proceedings m connection with the Ward Association's balance sheets, as elicited m the Liquidator's report and m the examination of the officers of the Association. Mr Woodhouse, for the Liquidator, pointed out the position m regard to the assets. The Court might be asked to say that there were certain free assets, but there would not be more than sufficient to pay charges already incurred. The Liquidator left himßelf m the hands of the Court. Mr Brent, for the Liquidators of the Colonial Bank, said that all they wanted was to guard against debenture money being called upon to pay the costs of the prosecution. Mr Cook, representing two of the urgent creditors, opposed any free assets being used to prosecute Messrs Ward and Fisher. Mr Macgregor having replied, His Honour reserved his decision.