SUPREME COURT.

Auckland Star, Volume XVIII, Issue 55, 4 July 1887, Page 8

SUPREME COURT.

Civil Sittings. The Civil sittings of the Supreme Court were opened this morning, His Honor taking his seat upon the Bench at 11 o'clock. Two jurors were excused from service. Mrs Mol'hee's Case.—Tho argument of the legal point raised in the above case, viz., that one of the jurors who tried Mrs McPhee for'arson was an alien, and therefore disqualified from serving, was fixed for 11 a.m. on the day after the close of the Civil (Sittings. Arbitration. GeorgeHerbertv. JamesW. Walker.— Claim £303 Ms Cd, value of goods supplied. —Mr Gover for plaintiff, Mr Thco. Cooper for dofendant. —On the application of Mr Gover an order wat> with consent made for the defendant of the case to arbitration. Adjourned. Alfred Henderson v. F. McKenzie.— Claim LI ,000 damages for alleged libel. Mr Govor for plaintiff. Mr Theo. Cooper for dofendant. Adjourned by consent till the next Civil Sittings. H. A. H. Hitchens v. Frank Winter.— Claim for taking accounts &c. Mr Alexander for plaintiff; Mr Theo. Cooper for defendant.—By consent allowed to stand over. J. B. Russell v. John Wilson and Another (executors in the estate of the late Robert Graham.)—ClaimLßßsßs 3d, balance of moneys duo.—Mr H. Campbell for plaintiff and Mr Thco. Cooper for defendant.— Mr Campbell asked that tho case might be allowed to stand over, as some arrangement was likely to be affected between Mr Cooper and himself. — G ran ted. Geo. MoVay and Others v. Wμ. Wilson.—Claim for account and profits of real estate, or for L 1,200 damages.—Mr C. E. Button appeared for plaintiff, and Mr Thos. Cotter for defendant.—Mr Cotter stated that an amended statement of claim had been put in that morning, and he therefore asked for an adjournment at plaintiffs cost. —Mr Button asked that the evidence of one of the plaintiffs witnesses (William Vickery) might be taken during the interview by the Registrar, as he intended to leave tho colony.—Mr Cotter said that he had already signified his consent to this.—His Honor allowed L 5 5s as counsel's fee together with costs of witnesses. Thames District Hospital Board v. County of Piako. — Claim L 485, balance of contribution.—Mr Alexander, for plaintiffs, stated that he had arranged for this matter to stand over till the next sittings. — Adjourned accordingly. Thames and Cokomandle District Hospital Board v. Piako County.—Claim £406, balance of contribution. —This case was similarly adjourned. Isabella Plett v. George B. Davy.— Claim Ll5O, an account of alleged error in a certificate of tittle, adjourned by consent to 7th inst. Struck Out Edward Foster v. Oliver Mays.—Claim LSOO, compensation for trespass. Defended Cases. Bobert T. Douglas and Other Liquidators of Thames Newspaper Coair-ANY v. Robert C. Carrick and William Fraser. —Claim, LBl3 17s 9d, tho amount of a dishonoured promissory note.—Mr J. M. Alexander for plaintiff; Mr Brassey for Colonel Fruser.—By consent, judgment was entered up for L 297 and LI 3 costs. Auckland Hospital and Charitable Aid Board v. County of 'Waipa.—Claim L 238 14s Bd. Mr Theo. Cooper for plaintiffs.—As the Appeal Court had already decided the case in plaintiffs' favour, judgment was entered up for the amount claimed with costs on the middle scale. Same v. County of Waikato.—Claim L 277 l'ls 4d.—Judgment was also entered up for plaintiffs, in this case, but without costs. Alleged Slander, ,i£& (Before a jury of four.) John Robertson v. John Dennisox.— Claim L2OO, damages for alleged slander. —Mr Theo. Cooper for plaintiff.—Defendant conducted his own case.-Mr Cooper stated that the alleged slander consisted in defendant telling various persons that plaintiff was a thief. — John son, master mariner, deposed that he was formerly in the business of a syndicate carrying on business at Whakatane, under the title of the Whakatane Sulphur Co., of which defendant was manager. He left their employ of his own accord on the I4th December ] SBG. In settling up defendant presented him with a contra account, charging amongst other things for goods which he never obtained. Subsequently lie re-entered the Company's employ. MiBrown engaged him to go down, and they arrived at Whakatane on the 10th January, 1887" —Cross-examined by defendant. —His reasons for leaving were that defendant told him an untruth and that he could get no wages out of him.—Henry Chappell Browne deposed that he associated with Messrs Dennison and Waters in a sulphur industry at Whakatane. lα-January last Dennison told liim ho had discharged Robertson on his own responsibility as he was not a proper man for this place, and moreover for the reason that he was dishonest as he had stolen some horse-feed.—Cross-exam-ined ; Dofendant told him that the plaintiff had stolen a shot pouch and some horsefeed, but these articles were found by witness in the stables.—Alexander Lindsay Wilson deposed that in January last (about the 18th) -he met defendant in Queen-street, Auckland. Defendant told witness that he had got a nice. fellow at Motata. and then ho proceeded to state that Robertson had stolen horsefeed. Witness stated that there must be some mistake bub defendant retorted that he was sure and that he either could or would put Robertson in Mount Eden. This closed tho plaintiff's case.. For the defence John Dennison (the defendant) deposed that he did not remember having ever made use of the words alleged against him; that plaintiff gave as his excuse for leaving that his wife was dying; but that he had requested Browne not to bring plaintiff back again, as he (witness) had seen him tipsy in tho street; and that the statements made by plaintiff and Wilson were not be relied upon, as both of thorn had tried to claim moro wages than they wore entitled to receive. In making this claim they conspired to defraud the Company. —Mr Cooper did not address the jury and His Honor briefly summed up. The jury after brief deliberation returned a verdict for the glaintiff for L 25, costs were awarded on the lowest scale. — Mr Cooper remarked that if defendant had chosen to apologise, tho action would not have been brought.

Dunedin, this day. Mr Justice Williams, in chai-ging the. .Grand Jury, said the calendar was heavier 'than usual. There were as many as 18 prisoners, but the offences, with few exceptions, were of an ordinary kind. There were more offences against the person than usually heard in Otago district, but none were of a serious character.