THE COURTS—TO-DAY.

Evening Star, Issue 7186, 14 April 1887, Page 2

THE COURTS—TO-DAY.

SUPREME COURT.—CIVIL SITTINGS,

(Before His Honor Mr Justice Williams.)

Isaac v. Mills and others.— His Honor delivered an exhaustive judgment herein. Mrs Isaac and Miss Nelson were plaintiffs under the will of the late John Jones, and both appeared by Mr Isaac. Mrs Isaac was also joined as plaintiff. TTin Honor held that ttiA pUintfffn were to blame in not taking steps to impeach the will for a space of eighteen years. It seemed to him that such a delay certainly placed the parties who defended the suit in an exceedingly unfair position. Mr Isaac certainly had been guilty of unreasonable delay. When a person sought to impeach an instrument, it was his duly to do so when the facts were fresh in the memory of the parties interested. Mrs Isaac was a married woman, and could not sne. without the consent of her hnsband. She was, however, joined in the suit with* respect to the separate estates. Mrs Isaac, therefore, was in no better position than her husband. The other plaintiff (Miss Nelson) was an infant, and Mr Isaacs by making her a party to the action, rendered himself liable to pay her costs. But apart from the laches of the plaintiffs he did not think they were entitled to succeed. The evidence was not clear, and if a man who had nursed his ease for eighteen years was incapable of {stating his grievance with accuracy how could his accuracy be depended on in the witness-box ? In a case like the present freedom from the smallest suspicion of inaccuracy was essential. On the whole, he (His Honor) was satisfied that the evidence was not of snch a character as to entitle the plaintiffs to succeed. Judgment would be for the defendants, with costs. CITY POLICE COURT. (Before Messrs J. Logau and O. E. Eliott, J.P.s.) Stealing Powder. John Hartnett (12), James Carroll (11), and Martin Carroll (9) were charged with having, on the 28th nit., broken into a shed at Woodhangh and stolen therefrom a quantity of blasting powder and dynamite caps, of the value of ss, belonging to the City Corporation.—The accused were found guilty and ordered to pay Is 8d each to the Corporation, in default twenty-four hours* imprisonment. False Scale.— Henry Drake, for having in his possession a false scale at Bavensboume, on tho Ist inst, was fined 20s and costs.

Breach op the Licensing Act. Anne Diamond was charged with having suffered gaming to be carried on in the Clarendon Hotel on the 10th inst. Mr D. M. Stuart appeared for the defendant, who pleaded not guilty.—Police-sergeant Hanlon stated that early on Sunday morning be heard dice-throwing going on in the hotel, and on entering it ha found several young men throwing for money upstairs in a room off the private bar. Mrs Diamond was in the immediate neighborhood of the room, and the young men asked him to overlook the offence for her sake. He said the police could overlook nothing. Cross-examined: Witness went up the right-of-way leading to the back of the hotel, for the purpose of trying to get in a side door. He afterwards got in the front door. His attention was attracted to the hotel by the brilliant manner in which it was illuminated. He did not know whether the room in which the gaming was going on was marked “private parlor.” Constable Boyne, who accompanied last witness, gave corroborative evidence. The defendant stated that she knew nothing of the dice-throwing. The young men asked for the use of a sitting-room, and she was quite unaware of what went on in it. She never gave them any dice. She was in another sittingroom, and heard no noise of the description mentioned by the police.—The case was hen adjourned for a week for the production of further evidence for the defence.

Damagihg a Watkr-metkk. John Jolly was charged with damaging a water-meter belonging to the South Dunedin Corporation on the 27th ult. Mr Fraser appeared for the accused, who pleaded not guilty.—The evidence showed that the boy had simply been seen taking away the padlock of the meter, and the Bench dismissed the case. The Beeb Duty a ot.— Michael Houlahan was charged with fraudulently neglecting to enter in Ms brewer’s book, as required by the Beer Duty Ant, 1880, the removal from his brewery of three hogsheads of beer sold by him to Patrick Cotter, of the Caledonian Hotel, on the 18th January.—Mr Fraser appeared for defendant, and explained that the sale had taken place without an j entry being made in the books, but the omission was made with no fraudulent intention, the casks which were supplied to Cotter being stamped. _ The oise was a very serious one, as the minimum penalty was LSO in the case of conviction, and the defendant’s plant would also have to be forfeited.—Mr Chamberlain, who conducted the prosecution, said there had been frapd, and pro; ceeded to call evidence. James Jackman, excise officer, stated that he inspected the defendant’s brewery at Cavershalp op the 28th of Japuary. Op the 21st of January the defendant bought three and he said that these had been used for three casks in the bottling house. Witness examined one of the casks and fopnd that a stamp had been used which had til the appearance of an old one.—W. B. Montgomery gave corroborative evidence.—Mr Chamberlain said the Customs did hot want to be hard op the defendant, but he had given them a jot of trouble lately. It was within the power qt the Governor to remit some of the fine, and he would not be averse to some concession being made.—The defendant was convicted and fined LSO. The Bench said forfeiture would follow as a matter of course.

Petit Theft.— William JtfvUin (13) and Henry MacNamara (10) were charged with stealing a bottle of soda-water at South Dunedin, on the 7th inst., belonging to Wong Lee. —Mr Finch appeared for the accused, who were convicted and discharged. (Before E. H. Garew, Esq., 8.M.)

The Industrial School.— James Thompson (13), who was charged with breaking into the dwelling of John Dow and stealing L 5 14s 6d, was committed to the Industrial School His father was ordered to pay 5s a-week towards his support. Maintenance.—The affiliation case of Jackson v. Arnal was remanded for a week.