LAW REPORTS.

Dominion, Volume 4, Issue 1095, 6 April 1911, Page 2

LAW REPORTS.

SUPREME COURT. SEVENTH DAY OF WAIKATO CASE. END OF THE EVIDENCE. Evidence in tho Waikato land case finished yesterday-His seventh day of the hearing. Mr. Justice Chapman presided. On resuming, -Mr. Gray was given leave to recall th; dehndant "(John W. Chapman), who stared that he did not know what was'meant when Carter stated that he (witness) had said that ho first discovered how to drain his land through the "liailway Guide." He had never seen anything; in the "Railway Guide" about drainage. He did not recollect having (old Carter that anyone could walk .dry-shod over the land at any time. Carter, had called on witness on August 15 to pay his intor- . est, and had then no complaints to make. Carter then asked if witness had any more sections for sale, and witness had replied that he had, and had given Carter particulars regarding certain land on Ihe Hukanui-Piako Roarl. He had never told Kobertshaw that one stalk of. oats grown on the swamp had 56 ears. It was a pity, ho added, that Kobertshaw did not continue—ho was doing splendid work. Edwin Thomas, farmer, Hillside, said that he had been on the land from boyhood, until ho was 21 years of age, and for three and a half years of that time he had been in the Waikato. Ho went to the Waikato three years ago to manage for Mr. Chapman. When he first went there the Hillside Block was a wilderness. The drains had filled uu, and, even if they had been kept open," they would not have been sufficient to drain the land. The first thing was to clean out tho existing drains, cut further new drains, cut the ti-tfee, and put the fire over the swamp. Wherever a good "burn" occurred, he had sowed grass, with good results. He did ploughing after the first year, and, on sowing, got splendid results. Maize grev from 7it. to 10ft. high, and, in fact, a visitor from Wellington got lost in a maize field on his property. He cropped and ran stock on his land, but, three or four chains back from his rear boundary, the land was still the same as Carter and Body's. He had not treated it yet, but would do so. Carter and Body's land was now in the same condition as his was when he took it over. He was satisfied that they could do the same as he had clone. Witness corroborated -Chapman's evidence as to what had taken place when Body, Harman, Chapman, and witness were inspecting the sections prior to Body and Carter agreeing to buy. ■ Chapman (lid not say that tho Telephone drain had been made by him with a bucket dredge. x On one occasion, when Body was camping with witness, he (Body) had remarked that lie had the pick of the sections. Body had never once expressed himself as dissatisfied with the land. When Carter iiaiil his visit he had been delighted, with the property, and had said that "they would have a nice little farm in a couple of years' time." His Honour: "What do you consider your land worth at present?" Witness: "Approximately, JGIS -per acre." Albert Wells Chapman, farmer, of Hamilton, stated that ho had been in the Waikato since 1906. He had purchased 019 acres in one block, and 800 acres in another, two miles from tho Hillside property. The land was very wet and swampy at the time, and in much the same condition as tho Hillside property. He proceeded to break the land m by draining, clearing the ti-trec, grubbing up rushes, mid ploughing at intervals. After ploughing he cropped with excellent results. He also put in stock, and it thrived on the young green rushes. An industrious mail could put Carter and Body's land under cultivation. To Mr. Wilford: He-was-not interested in the case in any shape or form, but had gone out of his way to see justice done to his brother.-' George Petherick, bootmaker, Wellington, n brother-in-law of defendant, stated that defendant was in his (witness's) house on the night o£ January 27 (the night on which it had been alleged that an interview took place between Carter and Body at Chnmnnn's house in Hawker Street). Corroborative evidence was given by Mrs. M. J. Petherick, wife of the previous witness. Mr. Wilford was given permission to recall two witnesses at 10 o'clock this morning, when the case will be concluded. COURT OF APPEAL. Tho case Harry M. Skcet and J. Dillon v. Joseph C. Nicholls—an appeal against the issue of a prohibition restraining the Commissioner of Crown Lands in Southland from issuing n license lor a waterrace under the Mining Act, 1908, to Dillon —was continued yesterday. Mr. J. W. Salmond (Solicitor-General) appeared for tho appellants, and Mr. Buddie for the respondent. It was in this case yesterday that Mr. Hfisking, K.C., for the respondent, became indisposed, mid yesterday, being unable to attend at the Court, argument was continued by Mr. Buddie, junior counsel. The case was further adjourned till today. The appeal- case Edward B. Harrison v. the Waimate County Council and others was held over by request yesterday until after the Easter vacation. MAGISTRATE'S COURT. A FORMIDABLE RECORD. (Before Mr. W. G, Riddell, S.M.) It was a formidable record of previous convictions that attached to David Brognius, who pleaded guilty at the Magistrate's Court yesterday to theft of a pair of boots, value 12s. (id., the property of Henry Dodsworth. Detective Cassdls informed the Magistrate that Ihe boots had been taken from a shop door in .Manners Street on Monday atternoon, and accused had disposed of them for -Is. Ho-had ken arrested yesterday. It was in 1907 that Brogmus came to Wellington, and between August of that year and December, 1910, ho had been convicted twelve times for drunkenness, four for theft, three for improper language, twice for indecency, onco for assault and robbery,' once for being an idle and disorderly person, once for being a rogue and vagabond, and once for being illegally on premises. "A drunken waster" were the words in which the detective summed him up. A sentence of two months' imprisonment was imposed, the boots to bo returned to tho owner on .payment of the stini of .Is. to the person who had bought them. " ASSAULTED HIS WIFE. Charles Richard Roper was chnrged-.-(1) vuth having assaulted Mary Ann Roper on April 1; (2) with having'assaulted Constable Joss while in the execution of his duty. Accused pleaded guilty to both charges. According to the police report, Constable Joss was called to accused's house or. account of a complaint received from Mrs. Roper, and while he was taking her statement he was assaulted bv accused. The Magistrate imposed a 'fine of -10s. on each- charge, tho alternative being 14 days imprisonment. • THEFT OF CUTLERY. A young man, named G. S. Carter, pleaded guilty to a charge of stealing (j knives, (i forks, and (1 spoons, i of a total value of Us., the property of : John Hall Flockton. Tho olfenco took i place on Tuesday afternoon. i On tho application of Sub-Inspector i Sheehan, accused was remanded for sent- < ence until April 12.

ALLEGED STEALING. Arthur Gilford St. Clair lsbister, appearing on remand, was called on lo answer the. following charges:—il) That on November 28, at Nga:ianranga, he stolo a heifer, valued at ,'J2 10s., the property of Timothy Twomcyj (2) that'on March 7, at Wellington, he stole a horse, valued at .£'23, the property of Henry Samuel Burton; (3) that on March 7, at Wellington, ho received the sum of .612 from Robert Hancock in terms requiring him to account for it to Sarah Burton, and that he failed to do so, thereby rfommitiing theft. Detective Cassells prosecuted and Mr. P. W. Jackson appeared for accused, who elected to be tried by a jury on all the charges. It was decided that all three charges bo taken together, and evidence was taken. The witness* called by the polico were Timothv Twoniev (blacksmith, Lower Hult), Walter Flitter'(farmer, Ngahaiiranga), Henry Samuel Burton (plasterer), Sarah Burton, Charlotte Weber, and Robert. Hancock. Detective. Cameron also gave evidence, after which Detective Cassells asked learo to withdraw tho third charge. The Magistrate acceded to the request. Accused, on being formally charged, pleaded not guilty, and was'committed to the Supreme Court on the two charges. STOLEN BICYCLE. The magistrate deferred sentence until Monday next in the cose of Norman Ramsay, who pleaded guilty to theft of n bicycle, valued at ,£l6 10s., the properly of John Flanagan. OTHER CASES. John Mills, alias Henderson, appeared on renrand charged with .forging and uttering a money-order telegram tor £5 and with receiving a money-order telegram knowing it to have been stolen. On tho application of Detective Cassells, accused was further remanded for one week. Thomas M'LaugLlin, charged with drunkenness, was lined 205., with the option of seven days' imprisonment. A first-offending inebriate, who did not appear, was ordered to forfeit his bail of 10s., or to undergo 21 hours' imprisonment. Two other first offenders pleaded guilty, one being convicted and discharged and tho other being fined 55., with the alternative of 24 hours' imprisonment. INTERESTING CASE. DECEASED MINERS' CHILDREN. Decision was delivered yesterday in the case, heard ou Monday last, wliercin a young woman, aged 20 years, proceeded against the Public Trusieo as executor of tno will oi a deceased miner (James Allsop Baker) for an order directing maintenance for her child out of the estate. The Public Trustee did not oppose tno application, the proceedings being necessary to enable maintenance to lie paid by him. The child in resnect of wnich maintenance was asked was the child of a second marriage, which was void under the Marriage Validation Act, 1005, owing to James Allsop Baker having married his deceased Wife's niece. The particulars of tho case were published on Tuesday. The magistrate said that in fixing the amount nayable out ot the estate of the deceased towards tin maintenance of his illegitimate child it was necessary to nolo that the child was not a destitute person, that it had a third share in a sum of .£■l9s (compensation moneys), and that its mother, who was a young woman, was liable to some extent tor its supnort. The sum of £274, which comprised the estate .of deceased, had been held bv the Supreme Court to belong to the three children of deceased by his first wife, and two of these were infants aged 14 years and 6 years respectively. They, however, were also equally interested m the sum of ,£495 mentioned. Under Section US of tho Destitute Persons Act, 1910, n magis-trate-'might (in his discretion, and having regard to all tho circumstances of the cose) make an order for the payment out of a deceased persons' estate of a reasonable allowance, not exceeding 21s. a week, for (ho future maintenance of the child until he attained-the-age-of- -16 vears. Taking into consideration..the.age of the! child, the position of its mother, and the fact that it had so.no means, the magistrate considered that 2s. a week was as much as could be paid out of the estate, and an order was made for this amount to bo rendered in quarterly payments. Complainant was allowed XI Is. solicitor's fee. Mr. D. G. Smith apneared for the complainant and Mr. J. W. Macdonald for the Public Trustee.