The Horowhenua Block,

Thames Star, Volume XXIX, Issue 8735, 11 August 1897, Page 2

The Horowhenua Block,

PUBLIC TRUSTEE WITHDRAWS c Press Association.] WELLINGTON, August 10. When the action, of t£e Public Trustee v. Buller and another cam*<on at the Supreme Court this mornipg, Mr Cooper, on behalf of the plaintiff, unreservedly withdrew all allegations against Sir W. Bullor, ana admitted there was no evidemce to support them. The action was technically to test Buller's title to two small sections pt 11 acres, and his leases and mortgage in the famous Horowhenua Block, but there were also in the Btatement of claim charges of fraud. Mr Cooper said these could not be supported, and Sir W Buller was completely exonerated. Neither was there any evidence to show that Buller had notice of any trust on Major Kemp's part. It was the duty of the Publh Trustee to make this statement to the Court, and they would submit to a decrao that his dealings with the land concerned were valid and entitlod to be registered. It was suggested that the Bartholomew lease should also be included, and the other sido assented.

For SirW^BuUer, MrßeU, alluding, to a paragraph in the Wellington papers stating that the action had been settled, said he wished to emphatically deny this. His client had resolutely refused to listen to any settlement and consistently and per* sistly claimed to have the charges against him investigated by the court. No latei than Saturday he had intimated in reply to a letter, stating that plaintiff would call no evidence but rely on argument on law points, that if this was done Sir W. Buller himself would call evidence and insist on. the charges being gone into. What they had just heard from Mr Cooper was a voluntary withdrawal on his part and not the result of any arrangement. Mr Cooper agreed that Mr Bell's statement was correct. Sir E. Stout, on behalf of Major Kemp, said his client was being punished for being honest, and because he had the temerity to insist. The Trustee asked for full costs.

Mr Cooper pointed out that the! trustee was a public official directed by law to bring this action. Costs should not be more than according to scale, Mr Bell also asked for full costs. This case was not merely a question of a few acres of land, but involved ( issues of the utmost importance to Sir W. Buller. The labor has been enormous, and the cost of typewriting alono was nearly £100. After further argument, the Chief: Justice said both defendants were entitled to costs. The amount and also the terms of the decree could be settled in chambers.