SUPREME COURT.

Auckland Star, Volume XLIII, Issue 205, 27 August 1912, Page 7

SUPREME COURT.

CBJMPTAL SESIIOMB. (Before hie Honor Mr Justice Cooper.) DRINK THE CAUSE. The jury, after a three hours' adjournment, found that Thomas White, the ex-constable, was not guilty of obtaining board and lodgings by means of false pretencee, but recomm ended that he should take out a prohibition order against himself. They also recommended that Annie White, his wife, who had been charged with the same offence, but I who had previously been discharged, should also take an order out against herself. Accused was discharged. BANKRUPT DISCHARGED. Further evidence was head in the case of Arthur Reginald Philips, bankrupt, charged with breaches of the Bankruptcy Act by omitting to mention in his statement of assets that lie had a lease over 170 acres of land at Oue, also 55 acres at Omanaia, and l.» shares in the Hokionga Dairy Company. Ernest (Gerard, who was Official Assignee at the time prisoner was decJarec bankrupt, stated (hat the shares wen of no use to anyone but a person supply inp milk to the factory. The bankrup' had made no secret of the fact, that hi had a lease of 21 years on 170 acre; at Omanaia or that he owned 13 shares Walter Septimus Fisher, the presem Official Assignee, stated that it was nol until November, lfill, that he became definitely aware that the bankrupt hue an interest in the Omanaia property. The evidence of Stephen H. Airey secretary of the Hokianga Dairy Com pany, showed that the shares belonged to accused's wife. The evidence for the prosecution no) being sufficiently strong, Mr Reed, whe was appearing for the prisoner, was nol called upon to put tiny of his witnesses in the box. The jury brought in a verdict of not guilty, and the bankrupt was discharged. A FORGED CHEQUE. Herbert Edward Nolan, for whom Mi Hackett appeared, denied a charge of having on May 15 forged the name of U. (i. Atchiaon to a cheque, and uttered the cheque to J. R. Self and Co. The evidence was to the effect that iccused and a man named Atcliison had been drinking in an hotel, and prisoner lad filled in the cheque and Atcliison had 3igned it in the name of H. G. Atchjson, iis brother. The prisoner had then gone to Self and Co.'s establishment and pur•hased a collar, for which he handed aver ]/.. The assistant gave him 3d ?hange and asked him if he wanted to make any further purchases. The arisoner replied that he only had' a sheque, and the assistant sent out a boy ,0 cash the cheque. The boy presently •eturncd and said the bank had detained .he cheque because it was a forgery. Solan and Atchison were subsequently irrested. and the latter is serving a term n connection with the forgery. The defence was that Atciiison was i stranger to Nolan, and the latter .nought that the signature was genuine. The jury, after retirement for an hour md a-quartcr, returned a verdict of not ;uilty, and prisoner \vo» discharged. ALLEGED INDECENT ASSAULT. Frederick Augustus CarUnann wae charged with a criminal assault upon n girl under the age of 10 years at Waihi. Air J. R, Reed appeared for the prisoner, who has since the offence married the girl. (Proceeding.)

CIVIL, SITTINGS. (Before his Honor the Chief Justice, Sir Robert Stout.) APPEAL DISMISSED. , Judgment was given in the appeal of C. F. Hudson, niotonnan, against the decision of Mr. K. C. -C'utten, S.M., at Auckland. Appellant was found guilty of negligent .driving in connection with an accident which happened near Newmarket. The tram driven by appellant ran into a motor it was over-, taking. The evidence showed that the motor car was travelling on the train rails, and the motorman after sounding his gong ran up to it. Just at the spot the rails were greasy, and though the emergency brake was applied, the tram car ran into the motor car, which was much damaged. His Honor held that the tram was travelling at a speed that was unusual. The motorman was aware that the rails were greasy at that spot, and he was negligent in driving at such a pace as to have to apply the emergency brake. There were no grounds for upsetting the decision of the magistrate, and the appeal would be disinisncd% Mr A. E. Skelton was for the appellant, and Mr S. Mays for the respondent. CATTLE GRAZING CLAIM. Tn the case L. Johnston v. F. A. Rich and others, heard on a previous Court day, judgment was given for the plaintiff for the sum of £ 105, less .-t2s| for which Rich and the others counterclaimed. Johnston, a farmer at Whatawhata, graced Jls cattle on the defendant's property at the south of the Waihpu River, and alleged that owing to grazing on tall fescue they became infected with ergot poisoning, and so deteriorated in value instead of fattening up. His Hpnor considered that the evidence pointed to ergot poisoning, and held that the defendants were negligent in allowing tbc tall fescue to grow where the cattle- could get at it. He thought thirty shillings per head on seventy cattle (some of the mob having been sold before tlje rest were taken off) should be allowed t)ie plaintiff. Judgment was given accordingly, and the counterclaim of £25 was allowed. Mr H. T. Gillies appeared for plaintiff, and Mr J. R. Reed for the defendants. On the application of Mr Reed, his Honor granted a s£ay of execution to enable the defendants time to appeal should they desire to do so. DISPUTED RIGHT-OF-WAY. When the case Royal Insurance v. Johanna O'Sullivan, part heard, was again mentioned, Dr Pamfoid, who appeared for the defendant, said he could not resist * the claim made by the company and he trusted that lie and Mr Campbell would bo able to agree on an order to be made. If they criu|<) not they would muko another application to the Court. This was » ease in which the plaintiff company sought to restrain the defendant from registering under the Land Transfer Act a right-of-way from Swanson Street to the back of their premises in Queen Street. Mr Campbell appeared for the company. .SCOPE OF CAME I-LCENSES. The him in points in the eases Elliott, v. Walpole and (vcilh v. Wqjpplo. a.ppmils from the decision of the ,S.M. at. Pargpvjllp. was whether a license to shoot imported game taken out in the Aui-kland .AVcliinatisaf,ion district entitled the bolder to sl)oot in the adjoining, district controlled by the Hobsop Acclinia.tjj.fi £pcie>y. Argumept was heard on a previous Court day, Mx F.

■Earl appearing for the appellants, and Dr Bamford for the Hobson Society. His Honor said it had been argued that" section 43, under which the informations were laid, were only intended to meet the case of the holder of a Hobson license who refused to produce that licence, and could not apply to a man who had not got a license. Nothing had been brought forward to convince him that he was to read the section in any but in the ordinary sense, and he a held Mr Earl's contention was not sound. With regard to the point as to whether a man with an Auckland license could sUoot in the Hobson district, the Act was quite clear. The fourth schedule, which set out the form of license, had to'be read with the AH, and it was there distinctly provided that the license was for a particular district. The appeals, which were against the decision of the magistrate in convicting the appellants' for shooting without a license (although they held Auckland licensee) were dismissed.