For the plaintiff, evidence was given by Geo. Fraser Gee, David Mitchell (the plaintiff), Wm. M'Euchran, Alex. Fraser, and Alex. Munro. Mr Macgregor, in opening the case for the defendant, said he would venture to suggest that the case was one of the most extraordinary ever brought before a jury in that Court. Unfortunately, the case possessed this strange characteristic: that the defendant was in the very unusual position of being unable to tell the jury what were the facts regarding the arrange ments made between himself and his brother-in law, Mr Mitchell. As they had heard, the defendant had been in a lunatic asylum, and at the present moment he was in such a mental state that it was impossible for him to give evidence. The consequence was that the defen dant was really at the mercy of the plaintiff, and it must be left in the hands of the jury without contradictory evidence being called, ex cepting as to one small branch of the case.
There were certain features of the case par ticularly worthy of notice. The jury must be struck, for instance, by the great lapse of time there had been before the plaintiff thought proper to bring the case into Cowrt. Then there was the extraordinarily startling nature of the claim. The sum, of £802 was claimed, partly as wages, partly for horse hire, and partly for the value of certain bullocks.
