LAW REPORTS.

Dominion, Volume 1, Issue 115, 7 February 1908, Page 4

LAW REPORTS.

SUPREME COURT. . CRIMINAL SESSIONS.' . J Tlie criminal sessions of the; 'Supreme Court wero resumed yesterday morning, His Honour Mr. Justice Chapman taking his seat at" 10 o'clock. , THEFT FROM A WELLING.','"' (icorgo Chaffey, a "young man; who had pleaded guilty to a cliarge of theft from n dwelling at Wairoa, was set forward.

The Crown Prosecutor intimated that very little was known about tho prisoner. Prior to the date,of his arrest he had resided at Wairoa aboiit sis weeks, during which period lie had principally drhuk and loafed about the hotels. Ho had served a sentence of fourteen days for having used obscene language on one occasion, and had twice been convicted of .drunkenness. . His Honour: I don't think that this is a caso in which probation should be granted. Tho prisoner seems to havo been drifting'about, and leading a loose life. His provious career is not very much against him,-, but was enough to show that he has not been, very careful. Upon his release, after serving tho sentence which I intend to impose, he: would do well to go straight to work. Tho sentence of the Court, which is a very, light ono, : is that prisoner be imprisoned for three months, with bard labour.

•; . ■ UNLAWFUL WOUNDING, Phyllis Ferraro, a young woman, who was found guilty the provious day of unlawfully wounding Gus.tav Tarnni with a razor,, was set forward.' " '" ' Mr. Wilford, who stated that he had been .asked to address tho Court on behalf of the 'prisoner, requested that leniency bo extended. ■ . , '' , His Honour : I quite agree with the verdict ill this case, and I shall certainly not disregard tho jury's recommendation that moroy should be extended. What amount of provocation prisoner had had was not known. Psoseeiitor was' in a helpless condition, and prisoner gavo way to her temper. Slio must Ibo sentenced to a short term, and I order that she;be imprisoned for a period of, four months. \ ■ . ■ ■ ' .. ;. • , y ... ■ '. . , TiLSE; DECLARATION. Elizaboth Victoria Shoijo, a young marriod woman, wno had pleaded guilty in thfo Magistrate's Court to a chamoof making a false, declaration ,ivith reference to tho birth of -a child, was;sot forward. Mr. Von Haast, who represented the, prisoner; stated that ho was suro'if clemency wero granted it would not bo misplaced. The prisoner, who was. not •2 J. years . old, had been'married four-years...- Her' married; life hadl been\ ono long record' of unhappiness. Hqr husband w-ent,awny to vr.ork on'a dredge in South America, leaving prisoner and bor -child unprovided for. During, her husband's absenco she took up with anotbor man, "tho father of the child, in connection with whoso birth sho had made tho, false declaration. In order , to, savo tlie child ; from the stigma of illegitimacy sho- assuined the' su'rnamo of the father; and declared that she was ; married to him. !'■ 'Afterwards she realised what' •sho had' done, and wont, b'aclt to the' Registrar; but, became so norvtm's that sho was uuablo to . explain tho real circumstances. When her'.'.husband returned,;sho, made,.a clean breast- of tlio :.whole.'matter! .'Subsequently, prisoner; and iher- hu'sbatvl ' lived to'gether, but .they . . .could • •'not ' get' On, and separstod. ■ Tho husband;had,- after threaten-, ing ,to expose tho' offence, for some,".timo,' brought; .the' 'matter, under'the of the . police.. ''"'Upon,i being ;interrogatedy .prisoner had admitted everything. l > He (counsel)' sub-' mitte- dthat thfe - ; prisbner" might be ordered, .to come up, .for sentence..when called upoij. -- Cro-nrjn*' Prosecutor'.;' intimate'd": that ■nothing \vas known 'against thoV.prisotei'.'"' ,• iHis,, Honour :. I thinlc.''.that'-tho ends''of' .justice will, be. mot-Vif I; order tlie] •prisoner to come up for sentence when called ,;upqn. In this caso I don't thiiik it is lieces--; saryito inflict a sentenco of imprisonment. I, : wish this to be understood, -however, that •f havo 'on ■ more than ouo occasion imposed severe sentences for this odeneo, where the circumstances have ; shown- marked criminality or intention-to inflict iinjufy on some one else, I' am 'satisfiod that the prisoned, who .is a very young woman, did not intend: to do injury to anyone elso; and I order her to- como un for sentence when , called upon, .the .only condition; being that sho must eiitor; into her, owe reeo'2nisauca in this sum of £25. - '' • , -•. ' '

' THEFT OF A POSTAL PACKET. Edward James Leydon, a young man, was charged ,with having stolen apostal .paoket addrossed io Olive Chatfield, and containing a.ring, and a brooch:, Prisouori who was .represented by Mr. Toogood, -pleaded not guilty.' • - The following jury was .empanelled:— Vivian Clendon (foreman)', 'George H. Hayes, .John H. Morgan,-Henry Monk, George Inniss, Chas.-'-W. Cook, ' Ivaiv B. Hoopc-r, N, 'Putter, Francis Ryan, Ernest- Bowster, John C'ook, ami John Murphy. '/Previous, to the hearing,, tho Crown- Prosecutbr had intimated/that- itf i would' bo necessary. for him'to ask for a postponement of tho trial, in view, of the fact that Eianiel' 'Wheeler,'an important witness, had left Wellington, and his, whereabouts Was 'unknown. Mr. Toogood, counsel for tho r prisoner, pointed out that his client had been in prison somo' weeks • awaiting trial. ~ ;In,.order that tho trial might proceed, iho was willing that tho evidenco rendered by Wheeler in the Magistjrato's Court ''should go> in/ : Tho Crown Prosecutor accepted tho olfor, and withdrew his application to havo tho irial postponed until next .sittings. ■ Olivo Chatfield, who resides /at. Island Bay, deposed that-ill October last'sho left.-a stone with Mr. D. M, Douglas, ' working jeweller, for .tho purposo of 'having it; put in a 1 ring. On tho same occasion, shb left with him a brooch which required repairing;-' . '■ .M. . Douglas', working, jeweller, stated that ho. sent his son to. post tho ■ articles, which were; enclosed in a'card-hoard box. - } Donald Douglas, son of tho previous witness, gave ovidence that ho posted the box in a receiver at Courtenay Place. Robert Moff att, letter, messenger, testified .that on the night in,question he cleared the-letter-box referred to., ■ i

John Johnson, clerk in charge of the letter , carriers' department at the Post Office, deposed that prisoner was at tho timo a lettercarrier on the Island Bay walk. It would bo the duty of prisoner to hand Che packet-over to a carrier: named Hanrotty, whoso duty it was to deliver letters, etc., addressed to prosecutor/ ' ... ; Peter Hanrettey stated that he naver roeeived a v postal packot, addressed to prosecutor, from prisoner. The evidence tendered in the Magistrate's Court by tho absont- witness, Daniol Wheeler, labourer, Courtenay Place, was pub in at this stage. It was to the effect that witness rentod a room in the house in which prisoner resided. Prisoner asked him .to pawn a-ring, and witness did so, receiving 3s. for it. Witness subsequently purchased the pawn ticket from prisoner for 3s. and went to redeem flie ring, but tho pawnbroker would not hand 'it over, as it was'a lost ring. . Joseph Motz, pawnbroker, and Detective Lewis, also gave evidence. This concluded _,tho cusc for., the prosecution. . .•.-, ■. , Mr. Toogood briefly outlined the defence. •Prisoner, on oath, stated that he never saw the packet. Wheeler's, statement that ho asked,him to pawn the-riiijj was untrue. Tho packet have been in his bag'.with-. out liis being aware of the fact. It had been his custom' to pulj' the letter hag in his room, -which was 16ft open, between 11 a.m. and 12.45 p.m. Wheeler occupied a room iu tho houso in which ho (prisoner) resided. The day • beforo ho was arrestiL l . lie and Wheeler, fell. out. Wheeler owit money to jtlic landlady, and ho (prisoncil had iluiirnUteed the' umouiit. lie j toll Wheeler that if he did-pay the amount duo lie would take it out of his hide

Counsel for tho defence and tho Crown Prosecutor addressed the jury, and His Honour summed up briefly. '■ The jury, which retired at 0.10 p.m., returned "it 7 p.m. with a verdict, of'guilty. His Honour said that a crime of the kind cast suspicion 011 other officials" until tho matter was cleared up. lie could not treat the offence as-though it were an ordinary case ol larceny. ' i'risoner would be sentenced to eighteen months' imprisonment, with hard labour.

ALLEGED MANSLAUGHTER SHERIDAN ACQUITTED. James Maiachi ''.Sheridan, a young man, was charged' with, "on January at Wellington, having killed John W. M'Nally. t Prisoner, who was represented by Mr. A. Gray, pleaded'not guilty. Tho following jury was empanelled:— Henry Wordcll (foreman), Tlios. Orchard, Beuj. W. Wade, Arthur E; 'Wright; James Griffiths, James Simm, Bernard C. Cain, Percy Cokcr, James;' Liddle, Frank 11. Panting, Alex. Stevonson, and Fred H. Irwin. The Crown Prosecutor, in opening the caso, said that it was not submitted by the Crown that the prisoner, in striking deceased, meant to kill him. If tho element of intention had been present, the Grand Jury ivould have returned a truo bill on. .'a charge-of murder. Tho.principal questions which would occupy tho attention ot the jury were (1) .Was the prisoner justified in delivering the blow ? (2) Was tho blow, uiyler tho circumjstances, an unlawful assault? If tlio jury found that deceased was unable to look after himself, and that the fact was known to prisoner, and prispner was ablo to look after himself, even if deceased were tho aggressor and struck a blow at prisoner, -and prisoner could havo got away without striking the blow, tho duty of 1 the jury was. lie submitted, •to find prisoner guilty. Tho caso for tho Crown was that the .blow' was unlawful and unjustifiable. It was immaterial whether death was occasioned through tho blow or the fall consequent, thereon. '• Dr. FyfTe, who conducted the post-mortem on tho body of deceased, deposed that tho cause of death was hemorrhage of tho substance. and baso of the brain, duo to a blow or fall when ■ tho ' vessels wero congested; through' alcoholic , excess. Tho hemorrhago, was sufficient to cause instant death. A blow, with tho fist, in addition to a fall, would ho sufficient to cause death. Dcccasod had . not been-a chronic "drinker, but/just prior to his' decea'se bo had been drinking- heavily." To Mr. Gray: Deceased was istvonglybuilt. Owing to tho fact-that .the blood vessels wero' congested through drink, ! deceased was- in a condition which' rendered him ,more susceptible to, injury. It was possible that deceased might have sustained a heavy fall a short timo prior to the blow or fall which occasioned his death. In that event a second fall from his full height might havo b(;en sufficient to cause :doatli. •. .

Re-examined by the Crown Prosecutor: If there had been a previous fall lie would' imyo, expected to find some,indication.- There was nothing to show that a previous, blow had been received or fall sustained. •-iTo Mr. Gray: It was'not 'an absolute certainty that there would bo indications..- , Dr. Henry, who was summoned to attend deceased,'and who was , present when, tho post-mortem - was. hold, > said that. he agreed with tho. evidenco given'by> Dr.- Fyffe. Harold ■ Armstrong, draughtsman in t-h'o Survey Office, produced a. locality plan. John Edwin (iambic, of the Harbour Board clorical staff, deposed that, when he /paid deceased his wages on the morning-in. question he seemed like suffering from tho aftereffects of-drink.-.-i. llachel M'Nally, widow of deceased, stated th'atsho .last ;saw deceased alive after.,tea .on the-previous day." .. . " / ■ Walter Georgo Smart, pawnbroker, testified that on the morning 111 question Sheridan pawned deceased's-.- watch chain - and: locltet- at his establishment. •'.'James Alexander Richard,- plasterers' labourov,' residing 'in. Turn bull Street, who witnessed the occurrence, ■ stated :tbat- on the dato in: quest-ion,-wvhen he-wasi/at .work--oiiit-hd-Trust and' Loan .Company's ncw'.huild-; iiig on Lambt-09 Quay, prisoner came in from. JReathorstpii Street-von-to tho. vacant space alongside and Tripe'si ibuilding.' . Deceased,was' drunk, "'and prisoner' was .under the' iiilluence of liquor. Prisoner' made deceased sit down, and then Bat down alongside him. After they had been talking for about a quarter of an hour, deceased became quiet.'and prisoner appeared: looking aftor -him.' Subsequently deceased -' attempted to get iip, but was prevented by prisoner. . 111 tho struggle that followed deceased struck-prisoner a . fairly good'- blow; on. the; faco. Immediately .afterwards,; witness noticed that: prisoner's-faco was' bleeding.' Prisoner then roso, picked up his hat, and make 1 as though to, walk away, The deceased got up and followed prisoner,'appearing atixious to strike him again. Prisoner, 'after saving " Take this you b ," turiicd' ■round and' struck ' deceased ■ 011 .-.tho -left'sido of. tho head.' Dcceased'fell, his head striking tlio ground, which was : covered' with a thin coat ot concrete, and was very bard. Sub-' sequontly prisoner said that deceased .would soon bo ali right. - To.-, Mr. Gray: Deceased might hare struck; prisoner moro than once before they got, off the ground. Prisoner- did not retaliate. He could haro got out of deceased's way when they got up'-only by .nwniug lawny- or ,-walking quickly. Ho -would not contradict prisoner if he said that tho\words "Toko ,this yon b=^—- "■ wore used by' ■ deceased,; ■ butwitness did not hear 'deceased speak at all. Deceased fell backwards , full .length 011 the back of his head. 1 .. Witness saw "nothing on prisoner's'- -part-'to indicate anger; : In" his ..opinion prisoner.-, hnd. acted with ,great -forbearance towards deceased. , ! Thos. Pea rce, foreman for Trevor and Son, 011 the-Trust-and Loan' Company's new build-; on-Lambton Quay; gave similar evidence.' -Constable Phillips, who removed deceascd's body to tho Morgue, deposed that -255,. lUd.',; a pawn ticket and-.sundry articles woro found in, his -pockets'.' ■ . 1 ,-, Constable Clay, who, arrested prisoner, stated that as. he. was-"taking 'him to tho police station;, he- made,* the following statement:—'! never meant to kill him. I met him during the morning ; in company with some firemen. I .saw lie. was -wasting his, money- oiv thcmj; and tried to get him away. I hiin away .after a-irhilo,' and then ho insisted on fighting me. Ho-struck mo several times, and,.at..last,l lost my ,temper and I struck .him back with my open .hand, ;and he fell down; I pulled him on to some' sand that was there. ' I noticed him turning very white, and I became frightened and.ran away. Don't tell me ho is dead, for I never meant to kill him." Prior to tho luncheon adjournment, which was taken at I''o'clock? • • ■ 1 Mr-- Gray asked; His Honour if, in'view of thp evidence of .'tho'eye-witnesses, whoso testimony, lie submitted, went to'show that prisoner was justified in delivering : the blow,' • case from the juryi • His Honour: It is dangerous to allow the opinions of witnesses to-supersede that of the jury. Counsel:'lt would appear that prisoner would have been struck if' he - had not de- 1 livered • the blow. ■ - His Honour: There is a little.more in it. I here is the expression alleged to' have beon used by the prisoner at the time, also what prisoner said to a constable—that he lost his temper. I think it 15 a case that should go to' the.-jury for .their-verdict. ■ - The * hearing, was resumed, in the afternoon. - • ', Sergeant Kelly deposed that he -pre--senfc when prisoner'was charged bv the. Sta-tion-Sergeant.- Prisoner asked : ' "What does that amount to ?" The, Station-Ser-geant replied: " It is alleged that you struck tho blow that killed him." Prisoner then remarked: "I never struck him that I remember. -.1 was only trying-to hold him. I suppose this-' menus ■ a ' wait of three months." Prisoner had, tho witness continued, a' piece -of skin oil' his rijjlit cheek, wliiiili Was' bleeding, and a luiiip over the lelti ~eye. both of which wounds were, lie stated,' indicted by diseased. \ To Mr. Gray: -Whilst-making inquiries he had not. hoard, that deceased It'll on a step 'in fpont of.tlio Post Office Hotel previous to Uiio occurrence. ■ This concluded-tho case for the Crown. Mr. Gray, in opening, tho case for the de.fonce; submitted that Urn death of tho de-ceased,-was tho result, of misadventure or accident, or, at the very most, of something 'demofby prisoner in his own defence. - 'Wiu. G. I'Vasorj Custom House Agent, deposed : tliatjbetwm' 12,43''and -1 o'clock oa I

tbo dntc in question, three men camc out of tlio Post Of'ico Hotel. One of them slipped oil tlio edge of a concrete step, and, through falling heavily, his head or necl; came in contact with the step. His companion lifted him to his feet. Another man, whom' ho recognised as Sheridan, came across the street and brushed tho man down. Afterwards, prisoner and tlio man who had fallen went in tho direction of Lamliton Quay. Tho man who had fallen was able to walk. When tlio man fell witness thought ho had killed himself.To the Crown Prosecutor: Tho man wi>< apparently none the worse for his fall. Archibald A. Brown, flaxmiller, Waika'.ve, stated that shortly -before 1 o'clock 011 the date in question he. saw n man lying on a heap of soil and nietnl at the corner of Givy and l'eatherstoii Streets.' Prisoner picked the man up, and the man who had fallen raised his hand to strike a third man. Subsequently, witness would have been struck by the man, if prisoner had not pulled lihn back. '

Prisoner, who gave evidence, stated thai ho had known deceased about throb years. On the morning in'question, whilst he Mas ill' company with an acquaintance, deceased, who was accompanied by-'another man, met liira outside the Duko of Edinburgh Hotel. Up to that time he( prisoner) had not had a drink. Deceased remarked that he had been on a spree, but ho (prisoner) did not believe him at-first because ho had thought deceased was a teetotaller; Deceased said he was had for the want of a drink. Subsequently, at deceased's request, he (prisoner) pawned a watch and chain for him. The four then walked down tho street and had drinks at tho Empire and Post Office Hotels. At.-, the.'.Post Offico 'Hotel deceased had several drinks, and offered witness some money. Witness told him that ho should get away home. Deceased thqii gav'o os. to a fireman..' Witness went across the street, and looking round, saw deceased fall hosvily 011 a step outside the hotel. His companions picked him up, and witness weut across and brushed him down. Witness told deceased that the firemen with -whom- he had- been drinking were only spongors. Deceased became angry, and whilst in the act of trying to strike ono of the firemen, fell ou a heap of metal. Subsequently, he attempted to strike othors. Ho (prisoner) took-inni into the section: alongside Young and Tripe's building, to give him an opportunity to got over tho effects of the drink: Whilst they wore sitting thero they' had a conversation ,about tho firemen. Deceased .wanted to go and. fight them, but witness restrained him. Whilst ho (prisoner) was holding' him dowu' deceased struck him twice ' violontly on the face. Continuing; witness said: 1 then' got up to.loare him. I picked lip my hat,which had blown off,and walked, off. If I had known that ho was following mo I should have-gone faster. The first; I knew'that 110 was following mo was when 110 said::' You 7—. I, turned sharply round and found that he was right on me. He was making' a blow-which .was half delivered. It would have struck mo .behind the right ear. I turned round suddenly with my arm .'out to ward off; tbo • blow. . My blow/ instead of ■striking him on t,ho elbow,,struck.him somcwhoro—l. don't know whero—and ho 1 foil.' I must have struck him with tho back of mV hand, -which won't-, shut properly . as tho TCsult of, an accident. I didn't intend, to striko him, and 'I. had no idea' that ho was seriously injured. When I saw the polico coming I ran away, hecauso" I thought I might get. into trouble for breach of tho 'peace.-or. something, and I thought it bettor if.*! 0 ., ® .scarce. I didn't know MlVally was dead until I was so informed at the police, station.- T didn't mako anv stated mont .to the arresting constable. What I did say was that bo was nearly choking me, and that 1 would walk along quietly - if he took, mo by the arm." 1 To tho Crown Prosecutor: He had four (lrink? on tlio morning in,question; deceased was tho' wot-se of liquor to the extent that bo was -not- capable of managing his own affairs; - He felt pained ."that deceased should return his kindness .by.striking him. ' lln.v concluded tho case for the defenco. ■ Aeithijr tho Crown ■ Prosecutor 1101"counsel" rp l ' tlio-defonco addressed, the jury. ''Jus .briefly summed up. . ilit) jury which retired, at 3.30 p.m.,-re-turned at- 4; p.m., with 'a, '•verdict of' not 1 '.giliiUj, and prisoner wns v disoliargccl.

, IX BANCO. • . A PAHIATUA CASE.. '/ • ALLEGED LIBEL. A sitting of.tho'Supreme. Court in,banco was held yesterday morning, ; Mr. Justice Goopor prostdiflg.. John' .Braiinigaii, contractor, of Pahialua, appealed against a non-suit which had been outered against him. -by .His .Honour District Judgo Hasclden in an action claiming 'damages for libel against Evelyn, Macdonald,- • farmer, of Pahiatua.. The troublo began in tlio Magistrate's _ Court, at- Pabiatua, where Jjrannigan had given cridenco in support of .tho claim of Montague-M'Dermott iii- regard to payment for certain fcnciui* done for Macdonald.; The case went against Macdonald, who subsequently, published his views on tlio procieedings in the columns ofvthe "Pahiatua Herald." . Brannigiin. thereupon toot ;actiou : mtho District Court for. libel) and was noilsuited.. He then', appealed.,; ' ' 11l yesterday's proceedings -Mr. Morrison appeared for the appellant, and Mr. Herdmau for the'respondent. ' ■ : His Honour, having hoard argument, said that, without expressing an ? opinion as to whether the plaintiff was entitled'.to succeed ;i 11 his action for dntoages,' lie thought-, that tho words used by defendantin tlio . letter and advertisements in:; the '■'Hcrald'i' 'were not incapablo of . a defamatorv meaning. The defendant stated' in >his.. letter' to tho newsr paper that ' -the Stipendiary Magistrate's Court evidently..held . that: if a ■ party to 'a .suit succeeded- .by means','of- lying .and defamatory statements, tho-' crther party \-had no femedy.Defendant -further said .'that ho 'believed the- Magistrate, was painstaking and conscientious, -But-was', '.'mistaken;'and misled. Defendant followed tho , letter with an advertisement, | which ;took, the form of an application for- a', ro 7 hearing,. oni the .'ground that the evidence of. M'Dermott arid Branhi- ; gan was "untrue." On" tho next day de fendant inserted a further, advertisement, in which ho stated that tho evidcnco of tho plaintiff and Brannigan Was "untrue and incorrect." The letter and (advertisements must be read together., The learned District Judgo had hold that these documents; were incapable of a defamatory meaning, l and had therefore withdrawn the caso from tho jury. The District Judge, in his opinion, should havo left it.to.the jury to determine whother the innuendo of perjury; alleged to bo contained in the documents was sufficiently established, and whether tho documents were in fact libellous. Tho appeal would be allowed, and the non-suit set aside. It irould rest with the plaintiff to decide whether ho would go pn with a new trial, . • Appellant was allowed • seven guineas costs; the costs ,of tho first trial to -be -at the discretion of ; the District Court. ..

THE CIVIL LIST. • ■ The following cases are set down for hearing at the Oxvil Sittings of the Supreme Court, which comnjeuce on Monday next _Before, a judge alone:—H. Ada. Smith v. National Bank of, Xeiv Zealand* accounts, etc.; 0. C.i Feist and others v. John Judd, specific performance.:' \ErncstA. Barton v. l'ritz Jensen;, and otherp, £442. 16s. lOd. 'accounts; Taari Waitara v. T. H. Harvoy, possession and.£96 rent; James H. Foster v. Arthur Whatley, specific performance, and £790 and interest; Michael S. Duffy v.; W. J. Ilardio. £3GO, wages and accounts ;'Kirkcaldie and Stains, Ltd. v. Collector of Customs, £2o is., duty "overpaid; R.\ H., Fisher v; T. ii. Dwnn and'another; £161" 18s. • 3d., broach of.agreement; David 'Lawson v. F. Loiutun and another, .cancellation of transfer, etc., £'1400 and damage's; Philip H. (iosse V. F. U. Bolton and anotlior,'partition, etc.; W. R. Howard v. Dnvid A. liberlet, accounts, discontinuance of partnership, etc. Before a' common jury of twelve:—Heber Brown v: 1-lpimah and Fronde,' Ltd., £1000 or £500 damages, persondl.injuries; ICdward J l . Searlo v. Thomas I'. Lyons, £1000 damages for slander.. Before a judge aloiio:—John H. Schmidt v. Joseph Nathan and Co..' Ltd.,- Walter Thompson' Brunton and ilieMakenta Estate Co., accounts, etc.; Tlio New Zealand Acetylene Gas Lighting. Co.. Ltd. v. Frederick Andrews- and Charles. 11. Bailey,- £103, lis. 4d, interest on promissory note; Wellington

Loan Co., Ltd. v. Arthur A". K. Duncan, £40 and interest on promissory note; Mayor, Councillors, and Burgesses of the Borough of Feikling v. -Feikling Gas Co., Ltd.;, injunction to restrain interfering with streets, etc.; Harry Pinny v. Alf. G. East, Francis E. East, and Arthur J. East, £173 15s..and in: terest; Alfred Mitchell and Martha Leo v. James Chutham, specific performance;' Alexander Dunn v. Thomas P. Lyons, £112 12s. 2d. on promissory. note; James Doyle v. Wellington. United Furniture Trado Industrial Union of Workers, £100 damages for wrongful expulsion and injunction; K. W. Mills and Co., Ltd, v. Now Zealand Twentieth Century Gas Co., Ltd., £286 18s. 7d, .balance of account; Fleming Itoss v.' Michael Frain. £100, money paid, etc.; Alico B. Slicrwood v. William J. Parsons, £100, damage to property;' J'hillip "Connor v. Bessie Wilson, specific performance; Phoenix Assurance Co. v. United Assurance Co., Ltd., £620, and interest duo on policy or rectification of policy; Hatait-ai' Land Co., Ltd. v. John Ji Bovd, £27 9s. 7d.', due under an agreement.

- IN DIYOKL". > ;; Before a judge aloneHuri'iett Eliza Adsett v. Thomas'Adsett, dissolution; Itichard Muuviv.VUibb Muir, dissolution;' Emberzine Butt v. ' Alfred; George Butt, dissolution; Horace George Livermore v. Elizabeth Livermoro, restitution; Arthur Thomas Livermore v. jMizabeth Livermore, ; restitution; Louisa Lrien v. innothy Edwin Brien, restitution; barsh .-Barnes v. Harry Barnes, dissolution; Charles Hounslow v. Amy'Celdnia Jane Coleman Hounslony dissolution'; John" Eaton Deadmau v; Eliza Jane Deadman, restitiition; \\ilham Alex. Douglas v. Aimco Eunico youglaa, restitution; Tom "Ellis Mawby t. iNorah Alawby and Harry Alockridco, dissolution. .

His Honour Mr. Justice Cooper will presido at a banco sitting at 10.30 .on .Wednesday next, when the following cases will be taken-Public Trustee v. David Pell Loasby, an appeal from a decision .of tlio Stipendiary Magistrate at- Greytown; Commissioner of Taxes v. Jacob Joseph's Trustees, special case for, opinion of tho Court.