LAW REPORTS.

Dominion, Volume 1, Issue 295, 7 September 1908, Page 11

LAW REPORTS.

: c-; •,. . -.'. ■ • . SUPRDMC COURT. • IN CHAMBERS. ; POSSESSION OF'FUENITURE. Sitting: in Chambers on Saturday Mr. Justice Coopor hoard argument with respect to a matter arising .out- of the case of Blako , y. Blake. . This wm an application -for directions by Francis Penty, architect;'who; is one. of - the trustees under a deed of settlement made between Edward M'Callum Blako and Francis ; Penty of the one part and Leonard Rose' Jaggcr of the other', liart.' '' It was brought under Section 76 of the Trustees Act,-.-1833, and tho question to be determined was \vliat should be. done with certain furniture which was tho subject cf the deed of settlement, and in regard.to which Mff-srs. Penty and Jagger wero joint trustees. - This settlement was an assignment of tho furni- . turo from Blako to his wife for her lifo and afterwards to. tho children of tho marriage. Since tho date. of tho assignment Blake obtained a divorce from his'wife.' His Honour. directed that Messrs. Keir and Co., with whom the fumituro is stored, should hold it on behalf of the trustees until further order of the court, and instructed the ti if tho furniture is not insured already, to have ,it .insured in their names to its fiill 'insurable value, and if it were insured' and tjie policy was not in their names to obtain a transfer of tho policy t<S thomselves. All questions of costs -wore reserved. ' ■ Mr. T. M. Wilford appeared for applicant:-' Mr. M.i Myers for tne other trustee; and Mr. H. F. Johnstone for Mrs.. Blake. MAGISTRATE'S COURT. (Before Mr. W. G. Eiddell, S.M.) ■ •• POLICE CASES. , THEFT FROM A HOTEL. 'A CHIEF DETECTIVE'S BELONGINGS. A fireman named Jolm Henry Bishop, alias Brown,, appeared at. the Magistrate's. Court on' Saturday on remand on the charge of having, on July 7, at Wellington, committed theft from'the Royal .Hotel of one brief-bag and contents, and oho gladstone-bag and contents, oF*. total, value of £25,..the proporty of William Bernard M'llveney. Chief Detective'M'Grath conducted the cose for- the prosecution. • William 'Bernard M'llveney, Chief. Detective;.attached' to the office of the' Commissioner 'of Police, stated that on July 10 he was lodging' at the Royal Hotel, Lambton Quay,/and i?ft the.premises'at 7 p.m., leaving his belongings packed in threo portmanteaux in his bedroom. " The door of the room was closed, but not locked. Witness returned 'again at '10 p.m., when, tho door was still closed, '; but' on ' entering' the room it was found'that two of'the-portmanteaux wero -also alarm clock. The articles stolen included a morning suit, a p'u'rsd-con-taining. papers and a £5 note on one of the old Melbourne banks. There were also a sove-_ reign belt, a vest, a pair of boots,' slippers, .tie, several books, and a pair of handcuffs, In ■ the'• smaller portmanteau' there wero a box of'collars and a magnifying glass, a gold -fountain pen,'a-set of safety razors and accessories, a. set of plated, handcuffs, a set of ! ebony hair-brushes, and several other brushes ■ and'. miscellaneous personal , effects. Tho total value of the goods was not less than £25. Witness identified the articles prcduced—a morning coat . and trousers and vdst, gold fountain pen, set of safety razors, stropping machine,; alarm clock, sovereign belt, ink twttle, clothes brush, and memorandum book, and £5 note, as' belonging to him, and..aaV.being : of the property.' The vdlffe of be about £16. ■ - '

Johii.vStewartj'donkbyinan oi tho 'steamer Rotoitij.'knew who was employed on the Rotoiti as a'fireman and greaser. Tho vessel was.iii W e llin6tpii on the morning of July 10.' Accused, slept,oh the starboard sido of the firemen's, quartfers, and had tho use of No. 2'looker on the starboard side. No. 4 locker on the'port side was almost filled by a pipe, which passed through it, and it was not used hy , anyone. Detective Cassells deposed that iri company witli - Acting-Detective. Bailey lie went' on board the Rotoiti at 3 p.m. on August 28 and "saw accused, who was .taken into tho firemen's | quarters. .Witness told accused he had'a. search warrant to .search the'firemen's quarters and -was' going to make a start' on his. 'Accused pointed put his bunk, and said all tho clothes he had wero about.tho Jbunk. The coat " produced was found alongside'the bunk. . Accused said ho found a pen, which :was in'the pocket of the coat, in the street. The brush produced was hanging over tho bunk. Witness wont, to'the lockers on the starboard Bido of the ship and searched No. 2 locker, and found the' gold.mounted foun-. tain pen and the sovereign belt produced. Accused first'denied that tho locker belonged to him,'but-later admitted that No. 2 was his. He said he did . not know where the articles produted came from. On searching the unused No. 4 locker on the port', side'.■■. tho ~ qt^er., articles . produced, were , found .j Accused made no reply when charged with the offence.. Acting-Detectivo Bailey gave corroborative •evidence. Accused pleaded guilty, and was committeed to the Supremo Coui't for' sontence. MISCELLANEOUS. Lawrence Hanratty, charged with drunkenness, was convicted and fined 10s., in default forty-eight hours' imprisonment. One first offender, was convicted and fined 55., with the alternative of. twenty-four hours' in gaol. . ■