THE COURTS.

Press, Volume LIV, Issue 16364, 8 November 1918, Page 3

THE COURTS.

SUPREME COUBT. IN CHAMBERS. : (Before his Honour Mr Justice Herdman.) Dates for hearing of the following cases •were fixed as indicated:— Cullen v. Gwatkir. Busco t. Bates—November 11th and 12th. Brako v. Clark—November 13t!i. Williamson v. Williamson —November 14tli. "West v. "West and Black—'November 15th. Undefended divorce cases —November 16tb. Anderson v. Allison—November 18th. Miller, v. Robertson—November 19th. . Dixon v. Public Trustee —November 30th. Boag T - McMillan —November 21st-. Barnes v. Withell—November 22nd. In tho caso of Thomas Stinsan and Edward Talbot, executors' of the will of Catherine McLeod (deceased), of Timaru, v. Margaret At tup t rong and others, neixt of kin, and At-torney-Genera.l of New Zealand, his Honour waa asked to civc judgment as. to interpretation of a clause in the deceased's will concerning tho trustees. The clau/v> authorises the trustees to apply the residue of the estate, amongst hospital and charitable institutions in Timaru s or iu other waya to relievo distress ajid suffering amongst the poor of Timaru. The question whs whether those bequests were valid. His Honour said that there was. an expressed intention _to benefit defined classes in a special locality. Thoso in distress or suffering in a particular localitv could be identified without serious difficulty. He had come to tho conclusion that Miss McLeod in disposing of the residue of her estate, had expressed a charitable intention with, sufficient, clearness, and "that the trust created by her was Talid. Costa as against nest of tin were ordered to be paid out of the estate. Tho question of other costs was reserved. MAGISTERIAL. (Before Mr S. E. McCarthy,; S.M.) DRUNKENNESS. Two first offenders were each fined ss, and another first offender who had a large sum of money in his possession when .arrested, was fined 20s. Kenneth McLeod. a second offender, was fined 10s, in default 43 hours . imprisonment. REMANDED. Herbert Reynolds' pleaded not guilty to a charge of failing to • answer questions put to him under the authority, of the Military Service Act, and was remanded until Wednesday. ALLEGED THEFT. Leslie J. Mullaney was charged that, being tho secretary of the Olivo Branch Lodge, of Druid 3, Hornby, ho on or about Soptembcr 26th, IDIB, received the 6um of £30 from the Grand Secretary of tho order on terms requiring him to account for it to the local deputy trustee, Christchurch, and did fraudulently omit to do so. Accused was remanded until November 15th, bail being allowed, self in £200 and two sureties of £100 each. ACQUITTED ON : A: CHARGE ' OF' \ ATTEMPTED MURDER. (PRESS association tklegram.) DUNE DIN, November 7. At the Supremo -Court to-day, before Mr Justice Sim, Mary 'Jane Moody was charged' with the attempted murder of her husband, Benjamin "William James Moody, by shooting. Mr McGregor, K.C., acted as Crown Prosecutor and Mr Scurr defended. The evidence showed that accused and her husband had not lived happily together, having been twice separated. On the occasion of the shooting, accused went to her husband's home to seo a sick child. The husband was summoned and hearing his .wife's voice in an altercation with the housekeeper (Miss Medley) he feared that she was going to assault tbo latter.. Ho seized his wife and carried hor to the gate. During the struggle . accused.. took a revolver from under her jacket, and fired, the bullet sinking Moody near the left armpit. Accused gave evidenoe on her own, behalf. She said that her husband was acting like , a madman. He assaulted her and hit her on, the windpipe. Fearing for ■ her life, she placed the revolver against his shoulder and fired. Had she wished to kill him, she could have placcd it against his heart. The jury found a verdict of not guilty, and accused was discharged;