LAW REPORTS.

Dominion, Volume 1, Issue 118, 11 February 1908, Page 4

LAW REPORTS.

SUPREME COURT. . CRIMINAL SITTINGS. j SENTENCE FOR THEFT OF MONEYS. His Honour Mr. Justice Button yesterday morning passed sentence on Robert' Rankin, twenty-nine years of age, who '611. January 9 in tho Magistrate's Court "at Wellington pleaded guilty to charge of having' stolen £22, tho moneys of a companion named John Hennessey. . ... ■ Prisoner handed in a written-'statement,-'iii tho coursq of which ho Stated that'drink was. the cause of his lapso from honesty. His Honour ■ said that ho '.believed prisoner would nevor have" committed 'tho 'offence, -if he :had. not gone" drinking- with persons who wero more accustomcd to liquor. It was apparent that at the time prisoner j used his companion's .iponey .lie .was' stupid: with drink. 'Addressing prisoner, Ilis Honour continued: If you continue to drink yon are. certain'to go from bad to worse. I havo had an opportunity of findiiig out what your..antecedents. havo,boon,', and it. is very satisfactory to. learn . that hitherto you. have borno ■an excellent character. I feel certain that you eould not havo committed this offence unless yon ■ had lost your self-control and moral control. Your companion, who had .to go to the hospital for treatment, left the sum in'question—the only money ho had in the world—in your charge. To steal his money was a ! cruol, as well as'a .nieari, act.' I shall admit you to probation for two years on conditions which will bo just to Hennessey and which will give ryou an-opportunity 'of breaking off from tho evil which led you into your trouble. The conditions will bo as follow—(1) That you abstain absolutely from all intoxicating liouor and refrain from cntoring any hotel, without just .cause, t]iat period; that you pay tho costs,of the-:prose-; cution - ju instalments .ranging j-.-over. six months • and that you pay : to the : Probation Officer for the benefit- . of''Hennessey v.the amount stolen, at tho rate .of £1. per month.

■ in chambers. . His ' Honour ' Mr; Justice : Cooper' held a short sitting in Chambers yesterday morning. Probate of'the will of Owen M'Ardle, secrc-. tary ".of" Staples' Browcrv; Wellington ceased) .was', granted, to W, oxecutbrs, C. P. Skerrett, ICC.',' John O'Kano, .and Mary A? M.'Ardle, leave being reserved'.to Honry J. M'Ardlo to como in and apply, when' hs shall havo attained the ago of twonty-ono years., Further consideration jvas .given .to the application by defendants for trial by special jury of the action Hebcr Brown v. Heenan and. Froudo, Ltfl.-, a claim for £1000 as,compensation for. damages .sustained, at-itho new. destructor by plaintiff, who fell through a plank, whiclu. ho, .alleges was : meant, to ..bo. .used for the purpose of standing upon, giving way in consequence .of it,-iiot ..being securely fastened. Mr. Meritcath appb^i'cdiin'support, of tho application, : and 'Mr.'j.Skcrrett, K.C.Vi to opposo. until, 10.1$;'this:morning. •' CIVIL SITTINGS. ■. The Ciyil/ Sittings word opened yosterday morning, jHis.Honour Mr. Justice Chapman taking his'.'seat; at 10.30 Vclook. When the .case. Phillip. H. Gosso -v.'F.SG. Bolton .and another; was' called on I ,\Mr.yMi-. Myors saidfithatf^ : this,,was„.a; Mr.. Dunn : had been • plaintiff,., and Mr. Skerrett; -TK.C.'ii.fpr^dpfeMmife., '.;Abj however, plaiiitifEhad hank-' upt, ho (Mr. Myers).. l now. apiieareci'on.. behalf of the Official Assignee. 'The fact that plaintiff; 1 had' become • (bankrupt:;*, suspended - the action, /aiKlo.at, l (:puld.;iiot,.,})o.,:prpceedod : with, unless and. until,.jfc.,vwaS;'jecohstit^ joinder of the" Official' Aesigrt'eo' a's ; plaintift. 'Plio -niattori-was consideration riibtho ; . moa (ltinVp, i and J If e,:(Mr! hSThrigod with ,Ji?. Skerrett-that tho trial should bo 'adjourned 'sft'o'' 9 ®? • 101 10 «*»■• Woiwsifofi. i; Tho hearing of tho action -was adjourned .'accordingly. \ ■ •/ • ■ • CLAIM FOR WAGES. '' The action Michael Duffy'v. W. J. Ilardio, a claim for £360, for .wages alleged, to ..bo duo was-, tlieii mentioned.' '' . ~.1: " . This .is' an action'by> plaintiff'agft'inst;:cledefondant as executor of the will of Francis John M'Goveni, hotelkecpcr, lato of Taita. The statement of claim sets outi that plaintiff was 1 'engaged in Jfovember, .'l9ol,;"as assistant managor-of tho hotel at 9 .salaryjof .3ps.' per week- - and * found. '■■■' Tho? action is ■ for arrears of ivagos alleged to bo duo to tho date of testator's death.The • defence ~of tho . action is a: denial of'• contract;''"' . Mr. -Bunny/ who represents tho defendant, applied, fori, an adiournmpnt'ovidonco'of 'deceasedVson;' Frahbis M'Govern, ■jun., who is noiv in England, to be obtained. Mr.'Dunn, on behalf of plaintiff, opposed the application on .the ground that the application was' mado only, for: the purpose, "of delay.'; '.'i'vl.'- • r.!. f ;,- ■ r, : ' vr ■■- Honour:-Ifmaiy say. that.it looks as if .defendant': isv-entitlbd vto • liavo tho: iyoung' 'man's ! evidence. Plaintiff may/ bo able', to 'show pretty'clearly that ho: is. not. I'-.; shall' adjourn • further consideration of' tho matter until Friday morning, in order to ; giyo. counsel, au opportunity of,filing addi-tional'-affidavits. \ ■ . Tho,Courttlien adjourned 'until''lo ;3Q this morning. ''/• ; 'V ■' '