SUPREME COURT.

Wellington Independent, Volume XVI, Issue 1619, 20 September 1861, Page 2

SUPREME COURT.

(this day) Friday, September 20, 1861. Before His Honor Mb. Justice Johnston,

Carlyon v. Anderson.. Action for defamation of character. This case came on for trial this morning, aud excited considerable interest. The following special Jury having been sworn, viz -. —Messrs. Bannatyne (foreman), W. W. Taylor, Muson, Bishop, Yule, James Wallace, Kebhell, Spink.?, Moore, Riddiibul, May, Barraud— His Honor remarked that without in nny way anticipating the lesult of the proceedings or saying a single woid that would iufluence the decision of the Jury in the matter now before the Couit, he would simply suggest whether the causa of action could not be arranged so as to meet the ends of Justice. An apology in private differed materially from one made in public, and he suggested therefore that Counsel should consider the matter. Mr. It. Hart for the plaintiff and Messrs. King and Izard for the defendant, having asked permission to retire, consulted for about half an hour, and on returning into Court Mr. Hart announced that they had agreed to withdraw a Juror, au apology having been offered by the defendant's Coutis&l . and agreed to by bim on behalf of his client. Mn. Izard then read the apology which had been agreed to by the Counsel for both parties, whereupon his Houor expressed his satisfaction at the creditable termination of the case and discharged the Jury. The following is the apology made by Mr. Izard, on behalf of the defendant, as above referred to:—" On the part of Mr. Anderson, the defendant in the above actum, I am instructed to offer an apology to the plaintiff fov the language uttered by the defendant when in Macintosh's Hotel— also for the words used to Mr. John Johnston, and to him and Mr. Bowler,— and wbich the defendant admits to have been qnit« unjustifiable. He regrets that he at any time nsed offensive language, and is willing to acknowledge that he would not have done so had not his feelings beeu much v,exed by the irritating language used by Mr. Carlyon to him. I am instructed, also to add, that he is willing to pay all costs' incurred in the' first action. Each party paying his owu costs of the present action. A Juror being withdrawn by couseut. C. B. IZiRD, R. Haut.