CHRISTCHURCH.

Press, Volume LV, Issue 10149, 23 September 1898, Page 3

CHRISTCHURCH.

Wednesday, Skptembkr 21. (Before E. Green, S. Lawrence, and James Gapes, Esqß., J.P.s) Drunkenness.— Mary Cunningham, alias Petty, an old woman, for being found drunk, was convicted, ordered to como up for sentence when called on, and handed over to the Salvation Array.

Discharging a Gun.—Albert Porter. Charles Porter and John Watkins, boys, were charged with shooting with a guv in the street; the two last named admitted the offence. Chief Detective Chrystal said tlit boys were firinc; a pea rifle, with a lamp po.for a target, and one of the shots went int. the leg of a lady who was passing. Th youngest boy, Alfred Porter, appeared -«■ have merely snapped the rifle. He was dis charged, the others were fined each ss, wit : 5s 6d costs.

Alleged Assault.—Charles Carter, for whom Mr Cresswell appeared, was chavgoi with having assaulted Joseph Smith, on tl. St. Albans coach, on September Blh. Mi Frauds appeared for the complainant. The evidence showed that Smith picked a quarrel with the driver cf the coach, Carter, who shook him and threatened i<.> put him off. The ease was dismissed without costs.

Vehicle Unattended.—C. B, Logan for leaving a vehicle unattended, was line. ss, with costs 7s.

Thursday, September 22. (Before C. M. Gray and J. J. Hamilton, Esqrs"., J.P.'s.)

Drunkesness.—Phoebe Hart-tell, for tins offence, was fined 10s aud costs.

Alleged Attesii-tkd Suicide.—A young woman, 20 years of ago, was charged with having, on September 21st, endeavoured to commit suicide by throwing herself into the Avon. The Bench remanded the accused uutil September 29th, to allow of a medical examination being made.

(Before R. Beetham, Esq., S.M.)

Civil Cases.—Hulme v. Cook and Gray, claim £80 12s 3d. Mr Stringei foi the plaintiff, Mr Harris foi the defendants, live defendants are accountants and paid assignees, carrying on business in various parts ol the colony,.and the plaintiff was manager for them, in Christchurch. He alleged that in October, 189/, acting for the firm, he was made nominal trustee in the estate of the "Spectator" newspaper, and on the assets realised an amount which, after deducting charges, loft -.80 12$ 3d for division among the creditors. Plaintiff left the employment of tne firm in May of the present year. There hau been nothing paid to the creditors of the "Spectator,'' and plaintiff had applied to the farm, to hand over to him for distribution, the amount realised, or to distribute it themselves. This they had refused to do, and hence the action. The defence was that contrary to the custom of the firm, in their dealings with their branch managers, and without their permission, the plaintiff had taken the assignment in his own name, and the money collected on the assets, by tho firm's employees, had been paid into a bank account, called by the plaintiff the G. W. Hulme No. 2 account, which was the plaintiffs private account. Under these circumstances, the firm did not hold itself responsible to the creditors. In his evidence, the plaintiff stated that the No. 2 account dealt only with the firm's businesa,. and was brought into audit. It had been opened, in the exercise of his discretion, to obviate a recurrence of previous long delays in payments made by tho firm, and every item in it Was accounted for. Nothing had been paid out of it on account of the "Spectator" money. Mr Gray, a member of the firm, in his evidence, stated that though at the audit in May, 1898, the cash of the branch's account balanced, there would had the No. 2 account been included, have been shortages more than, the amount of the ''Spectator realisation, In reply to this the plaintiff said the defendants were bringing'an action against him for the recovery of several amounts alleged to.be wrongfully paid by him, and his defence would be that the sums were paid by him on the firm's account, in the ordinary course of business, and, a refund of the amount, the subject of the present action, was not included in the claim. After arguments his Worship said he considered that the defendants should account to the beneficiaries of the, estate as represented by the plaintiff, and gave judgment for him for the amount claimed, with costs. Hulme v. Cook and Gray, claim £31 Bs, a similar action, was adjourned till September 26th. McKay v. Jas. Hamill and wife, claim. £2 lis for rent, and for possession of premises. The defendants did not appear. Judgment was against : them for the amount claimed with costs, and they were ordered to give up', possession forthwith. Judgment went for plaintiffs by default with costs in Harris v. Hughes, £3 18s; Brown and Son v. Langley, £44 14s 6d; and Bunting and Co. v Wheeler, £11 15s J3d... Malvern Road Board v F. H. Labatt, as representative of the Midland Railway Company, claim £17 Is lld for rates, -dr Hall appeared for Mr Labatt, _ who, 'it was shown, was not the representatave of the Company, and the Slaintiff Board was nonsuited with costs: 'lift v Jordan, claim £2, as balance due for the use of a horse. Mr Byrne for the defendant, for whom judgment was given, without costs. Martin v Bowron and Hillary, claim £17 Is lld. The defendants are the executors of the plaintiff's deceased .father, and the amount claimed was for money lent and services rendered prior to the death. Mr Hunt appeared for the Jlaintiff, Mr McConnel for the defendants, udgment Was for the plaintiff for £11 4s 6d with costs. Sarah Martin v Bowron and Hillary, claim £22 for nursing the late R. Martin, her father-in-law, eleven weeks at £2 per week. Mr Hunt for the plaintiff, Mr McConnel for {the defendants. ' After hearing evidence his Worship gave judgment: for the plaintiff for £11, with costs.