NELSON SUPREME COURT.

Westport Times, Volume III, Issue 417, 1 December 1868, Page 2

NELSON SUPREME COURT.

APTED V. KYNNERSLEY

This case, the result of which had already been received in Westport by telegram, took place on Friday last at Nelson, before Mr Justice Eichmond and a special jury. The action was one for damages, laid at £IOOO.

Mr Button, with, whom was Mr Pitt, for plaintiff; and Mr Conolly, with whom was Mr Sinclair, for defendant. The cause of action was an assault committed by defendant, who was Commissioner of the South- West Groldfield, on the plaiutiff, who was editing the Westport Times. The following was the Special Jury impannelled : —Messrs John Johnson, Frederick Huddlestou, A. S. Collins, Oswald Curtis, James Bentley, H. E. Curtis, Charles Elliott, J. E. Dodson, W. M. Stanton, A. J. Eichmond, 3ST. T. Lockhart, and Eobert Pollock. The evidence in the case we shall publish to-morrow. The following are the remarks of the counsel on either side, as reported in the Nelson Examiner :—

Mr Conollt, who called no wit. ness for the defence, then addressed the jury, arguing that the only question was whether the sum of money paid into court was sufficient to compensate for the damage sustained by the plaintiff. He maintained that the amount was ample compensation. The case ought never to have been brought into the Supreme Court, but only in the Eesiuent Magistrate's Court. He dwelt upon the provocation his client had received in having his proceedings commented on in the way they were in that letter, and argued that there were discrepancies in the evidence of the plaintiff, who had grossly exaggerated the conduct of Mr Kynnersley ; and pointed out that even before the assault was committed the_ proprietors of the paper had' noticed unfavorably the article, and had called on the editor to resign. He did not defend the assault, but pleaded the great provocation, and contended that the money paid into court was ample payment. Mr Button at considerable length addressed the jury with much animation and vigour, showing that no attempt had been made to deny the charge of assault, one of the most disgraceful, because, as coming from a man filling the high position he occupied as a kind of little sovereign of "Westport, an administrator of the law, and a man trusted with large powers! He was not slandered by the letter neither was the woman slandered.

What was said was true. Had there been a libel in the letter the defendant had his remedy either at civil or criminal law ; but ho, a magistrate and administrator of the law, chose to break the law, because an editor, in the interest of public morality, pointed out the gross insult to social usage committed by him. He asked for exemplary damages, damages which would show that the jury had respect for the upholding of the law, and especially that men in such important positions as held by the defendant should not, after having in his public character outraged public decency, commit a still greater offence by breaking the law he was bound to uphold. The learned counsel concluded by appealing to the jury to give such damages as would be a warning against ■a repetition of such proceedings, and Would protect public law and public toorality from such disgraceful occurrences.

The learned Judge shortly summed "up, and the Jury, after an absence of about half-an-hour, returned a verdict for the sum paid into Court, £7 25., which covers costs of trial against the plaintiff for all proceedings which occurred subsequent to the payment of the money.