SUPREME COURT.

Press, Volume I, Issue 7, 6 July 1861, Page 5

SUPREME COURT.

Friday, June 21, (Before Hit Honor Mr, Justice Oreison). Mary Levi, aged 26, pleaded guilty to having on the 7th of Marcli last, stolen one pair of boots, the property of Mr. H. E. Alport. His Honor sentenced the prisoner to six months imprisonment with hard labour. Thomas Lyons pleaded guilty to having on the 25th of Feb. last, 3tolen from F. w. Ostler one coat, one waistcoat, and one pair of trowsers. His Honor sentenced the prisoner to six months imprisonment with hard labour.

William Spong, aged 19, pleaded guilty to having on the 13 of March embezzled certain monies, the property of his employer Mr. Peacock. His Honor sentenced the prisoner to twelve months imprisonment with hard labour.

John Healey, aged 36, was charged with having on the 4th of March last, stolen one pair of boots the property of John Attwood. William Shaw, police constable, swore, that he arrested the prisoner on the 4th of March, on a charge of drunkenness } the prisoner had a pair of new boots on his person; witness believed the boots produced to be the same.

John Attwood swore to having identified the boots. The prisoner in his defence stated that upon finding himself at the station-house on a charge of drunkenness, he was surprised at finding himself in posossion of a new pair or boots, supposed be had bought them when in a state of liquor. The jury found the prisoner guilty. Sentence, six months imprisonment with hard labour.

Bartholomew ITaydon, aged 33, pleaded guilty to having embezzled certain monies, the property of his employer Mr. James Willis. His Honor sentenced the prisoner to nine months imprisonment with hard labour. The same prisoner also pleaded guilty to a second charge of the same nature. His Honor sentenced the prisoner to three months imprisonment with hard labour. Saturday, June 22. Wcstby Hawkshaw Percival, aged 39, was charged with having on the 2nd of March, committed an indecent assault on Ellen Josephine Archer. The trial occupied the whole of Saturday and Monday. The Jury were detained during Saturday night and Sunday at the lloyal Hotel. The prisoner conducted his own defence. The jury found the prisoner guilty, and His Honor sentenced him to twelve months imprisonment with hard labour.

The court adjourned, to Thursday, June 27. Thursday, June 27. John Smith, alias Ashworth, aged 25, pleaded guilty to having on the sth of January, stolen from the house of Mr. Gladstone, Timaru, a silver watch, gun, revolver, dagger and sling.

His Honor sentenced the prisoner to twelve months imprisonment with hard labour. This concluded the criminal business. The court proceeded to hear the civil cases set down for trial by common juries. YOUNG V. KERR. This was an action to recover damages for non delivery of five head of cattle, placed on defendant's run. Mr. Travers appeared for the plaintiff, and Mr Williams for the defendant.

Plaintiff deposed that he placed 5 steers on the defendant's run, nt the yearly rate of 11 shillings per head. About the year 1858, he wished to take the cattle from the run, but agreed to leave them till December 1859. The plaintiff applied for his cattle several times, and the defendant put him off with various excuses; at last he threatened legal proceedings, and instructed his attorney to write to him— he took this letter and gave it personally to the defendant; the letter required the defendant to deliver up the cattle on Monday following, being ouo week after the demand was made. Defendant said he would bo ready on that day to point out the cattle on the run, and to assist in driving them off. Plaintiff •went about mid-day on the Monday, and told defendant he came for his cattle. Defendant snid it was no use, as the day was too far gone to get them in then. Plaintiff said it was not his place to do that, but the defendant's. Mr. ICerr said it was not his custom to yard cattle, and that he would not do so ; but that he wae willing to assist plaintiff to get the cattle and drive them off. The plaintiff refused to agree to the plan proposed by defendant, and brought this action. Mr. Williams moved for a non-suit, on the grounds that ns the cattle were still on the defendant's run, they had nor, as stated in the p'eadings, been converted ; b.ut, His Honor considered that a case had beeu established that might go to the jury, as in law, the fact of adding conditions, not implied in the contract, was evidence of conversion.

Evidence having been read, His Honor pointed out to the jury, that the question turned en whether the defendanthad imposed any conditions to the contract, which he was not justified in doing; if so, they Were to find for the plaintiff, and award the damages they considered him entitled to.

The Jury retired for a few minutes and found for the plaintiff. Damages £55.

HARGHEAVES V. FA NTH AM. Mr. Harsfcon appeared for the plaintiff, and Mr. Duncan for the defendant. This was an action to recover the sura 0f£283 10sfor loss sustained by the non-delivery of 40£ tons of flour, the contract for which was admitted by the defendant. Verdict for the plaintiff, damages ,£224 irrespective of the balance over-paid in money advanced on flour of £59 10s. Friday, June 28. taylor v. heaphy. This was an action to recover the sum of .£lO5 for beer supplied by plaintiff to defendant. Mr. Williams appeared for the plaintiff, and Mr. Duncan for the defendant. Verdict for the plaintiff. HOULIHAN V. HARSTON. ♦ Mr. Travers appeared for the plaintiff, and Mr. Slater for defendant. Special jury case. This was an action to recover the sum of £SUO damages for the seduction of plaintiff's daughter. The jury after being locked up for eight hours, were unflble to agree on a verdict; and were discharged by consent of counsel, on the understanding that the case should be re-tried during the present session.

We understand that a compromise Las since been effected out of court. Wednesday & Thursday, July 3 and 4. McKELLAR V. CRATG. This was an action for an alleged attempt, to defraud the Customs of certain duties due upon an importation of Tea, the weight of which as given by the Importer was 2OOlbs. less than the "quantity specified in the Invoice ; hence the action for duty upon the quantity not accounted for. The case lasted nearly two days, and was anxiously watched by commercial men present. The jury at the conclusion of the judge's summing up, retired for a few minutes and returned with a verdict acquitting the defendant of any intention to defraud the Customs.

The case "Craig v. McKellar" was then withdrawn, and the court adjourned until Monday morning next, at 11 o'clock, when the case Stephens v. Woodford, will be re-tried being the last case of the present "Session.