SUPREME COURT TRIALS.

Press, Volume L, Issue 8599, 28 September 1893, Page 3

SUPREME COURT TRIALS.

(PBXSS ASSOCIATION TKLXORAMS.)

AUCKLAND, September 27. In banco to-day the case of Hugh Rutberford Shortland, a solicitor under the Law Practitioners Act, came before Mr Justice Conolly. ThU was a in terms of a rule nisi, dated 21st of August, 1893, to show cause why the name of Hugh Rutherford Shortland should not be struck off the roll of solicitors. Mr Thos. Cooper appeared in support of the application, Mr C. Purchoa appeared for Mr Shortland to show cause. Mr Purchaa said that the two grounds set out by the Law Society for striking Mr Shortland off the roll was his conduct in a libel case and in connection with a retainer and bill of costs in connection with an arson case. Mr Purchaa commented upon the affidavits of Messrs Davies, Ward aud Taylor, submitted by the Law Society, aud the charges against Mr Shortlaud eoutuiued therein, and contended that the charges were considerably modified in the answers made to them. Mr Cooper said he would ask the Court to pass no judgment and not to suspend Mr Shortland in the interim, but to leave the matter to the Court of Appeal, which sits next month in Wellington. His Honour accordingly reserved the matter for the consideration of the Court of Appeal at its next sitting, and ordered all the papers to be printed. In bankruptcy judgment was given in re Hereroai Taurewa, a special case. This case was argued on Monday last by Mr Theo. Cooper for the Deputy-Official Assignee at Gisborne. His Honour now delivered judgment, holding that the undivided interest of the bankrupt Native in Native land passed to the Official Assignee; that he was entitled to sell such interest, and that he ought to proceed under the provisions of the Bankruptcy Act, 1892, and that the Official Assignee ought also to obtain a certificate from the Trust Commissioner. Oα the application of Mr Cooper, the costs of the Deputy Official Assignee were ordered to be taxed and paid out of the estate. INVERCARGILL, September 27. In the Supreme Court to-day a peculiar action wus heard, Andreas Jansberg suing Alexander Cross, sen., for £100 damages arising out of assault by A. Cros-*, jun. The affair occurred at the Bluff, but although the attack seems to have been of a murderous character, very little concerning it has hitherto been made public. The plaintiff and Cross, junior, were cook and apprentice respectively on board the barque Ganymede, and after being ashore drinking oue night in July, they quarrelled and fought on the deck. Jausberg then went below, and shortly after Cross came down, produced a razor, and threatened to cut his liver out. Jausberg was in his bunk, and while getting out, and before he could straighten himself. Cross made a slash at him with the razor, cutting him from the collar-bone to the knee; eighteen stitches were put in to keep the wounds together. The plaintiff alleged that overtures were made to him by the defendant to quash criminal proceedings, and that he said he would tell the truth if put on oath ; that when before the Justices at the Bluff he was not sworn, and that he then stated that he believed the wound was accidentally inflicted, and the charge was dismissed. For taking this course, he alleged, that Cross senior promised to pay all losses and expenses of the plaintiff but had not done so. Jansberg, who is a foreigner, afterwards brought a charge 'of perjury against Cross, jun., at the Bluff Court, but he says the Magistrate refused to hear evidence and dismissed the information. The affair caused a deal of comment at the port;. The jury found for the plaintiff for £30. On the question of costs his Honour asked why the case was not brought in the R. M. Court, to which the counsel replied that it was useless to do so before a Magistrate who had already refused to hear evidence in the perjury case brought by Jansberg. R.M. Court costs .only were allowed. Representations have been made to the Government in the matter of the Police Court case referred to.