THE COURTS-TO-DAY.

Evening Star, Issue 7197, 27 April 1887, Page 3

THE COURTS-TO-DAY.

SUPREME COURT.-OIVIL SITTINGS. (Before His Honor Mr Justice Williams.) MILLER V. STEWART. His Honor giving judgment Baid that it was practically admitted in the record that the land in question was vested in Alexander Stewart, the defendant, upon trust for Robert Miler, as equitable tenant by courtesy during his lifeandof tor his decease for the plaintiff absolutely. The plaintiff now claims a conveyance of the property, subject to Robert Miller a Me interest. His Honor ordered a docreo that the defendant holds the laud in trust for Robert Miller for life, and, after his decease, in trust for the plaintiff in fee; no costs on either side. He suggested that the parties should let the application under the Land Transfer Act proceed, and an. estate for life undor the Act be vested in Robert Miller, and an estate in the remainder in the plaintiff. BABGOOD AND CO. V. THE CITY CORPORATION. The hearing of this case was continued, evidence being led for the defence. IN CHAMBERS. The following motions were granted, on the application of Mr M'Coy (Lawrence):—Probate re the estate of James Robertson (deceased.— Letters of Administration re Mary Ford Simpson (deceased) to James Kerr Simpson; and leave to serve a writ out of the Colony was also granted. CITY POLICE COURT. (Before Messrs J. Elmer, W. L. Simpson, aud V E. J. Spence, J.P.s.) Thueatsning Language.— Thomas Earrison was charged with having made use of threatening language towards Thomas Rohertson at Krson Bay on the 22nd. Mr J Macgregor appeared for the complainant, and Mr A. Holmes for the defendant.-lt appeared f.om the evidence that defendant was a son-m law of complainant, who was eighty-nine years ot age, and Wring some quarrel defendant threatened to shoot complainant.—Defendant was ordered to be botrad over to keep the peace for six months, himself in L 25, and two sureties of LIU each; also to pay the costs of the case.—Mr Holmes asked for time to find sureties.—Defendant said he would not a«k anyone, but would sooner go to gaol. —Mr Simpson said if that was the case it was no good giving time.—Application refused. Drunkenness.— John and William Aucn were convicted of this offence and discharged ; John Began was ordered to pay hia cab fare 12b)* P«TTT Labobnt.— Qtorge Smith was charged

With having stolen a Brahma-pootra fowl, valued at 2s, the property of William Bennett, on the 15th inst. He was convicted, and sentenced to two months' hard labor.—The same offender was further charged with having Btolen, on the 21st inst, 31b ef brass and other metal, the property of John Henry Appleby. Tho hoaring of this case was adjourned until Friday. Bt-law CASE.—For loaving a horse and oab unattended Richard Taylor was fined 6s and costs. RESIDENT MAGISTRATE'S COURT. (Before E. H. Oarew, Esq., R.M.) N. Hart v. J, Park Smith—Claim, L3l7s6d, on a judgment summons.—Defendant did not appear, and an order was made for him to pay the amount by May 2, in default six days' tai' v. Isaao Solomon.-Ulaini, 18sSd, amount of property tax gtd by plaintiff on defendant's behaif.-Mr Wilkinson Appeared fw p'alntlff, for whom judgment wns given, W. E. Carmalt v, A. J. M'Millan.—Claim, LBS, damage done to the verandah of plaintiff's premises through defendant's negligently allowing two horses attached to his dray to be not competently attended in the publio street, the result being that they bolted and caused the damage stated. Mr Macdonald appeared for plaintiff; Mr J. Macgregor for defendant. —Plaintiff, who is lessee of Bayley's Hotel, at the corner of the Arcade, stated < that on the morning of December 30 he was in his bar, when one of defendant's horses put his head through the door. Witness ran out and saw a cart with two horses harnessed, tandemfashion, jammed under his verandah. Two of the posts were broken off, and part of the verandah had fall n down on the cart and horses. Defendant was not there. Some men got hold of the horses and unharnessed them. Witness then saw defendant come out of a shop opposite. Defendant then went to drag the cart out, but witness cautioned him against doing so, as only two posts were left standing, and the wholo of the verandah would fall if he did so. Defendant, however, persisted in dragging the cart out, and the whole of the verandah fell. There was no name on the cart, but defendant said it was hi*. He, witness, and Sergeant Gearin went into the hotel, where the sergeant asked him his name and address. Defendant gave them to him and then told witness that he was sorry for his accident, that he thought it was his own fault, that he would make it good at ence, and that ho hoped witness would not be too hard on him. Witness said the best thing would be to get a man who understood the work, and if defendant was satisfied with what he estimated it at, witness would be also. Defendant agreed to that, and witness got two contractors to value it before the debris was taken away. Crossexamined : Witness had never seen defendant before he saw him come out of the shop. Defendant was subsequent!y charge lat the Police Court with leaving his horses unattended. Whde defendant was in tho Arcade witness asked him if he would pay the cost of removing the debris, and ho said he would not.-John Hardie gave evidence as to seeing the accident, and said that as the horses were goii g under the verandah he saw a boy whom he did not knowrun! ing to their heads.—Albert Wootton, a boy fourteen years of age, said he was 1 ft in charge of the horses on the day of the accident. He thought the noi;e which the tram made when coming up tho hill frightened the horses. He held the reins until he saw the verandah coming down. Robert Wilson, employed in Mr Mitcholl's shop, said he was a witness of the accident,—Thomas Cole, contractor, said it would cost about 1 36 to put up the verandah again. He valued the debris at LlO. If a new verandah were put up, it would cost about L4B 15s.— Alfred Wcstwood said that if the wreckage was used the verandah could be put up for about L46.—Sergeant eerin also gave evidence. Donald Cameron, who helped to clear away the debris, thought it would cost about L 45 to reinstate the verandah.—This closed the plaintiff's case.—Mr Macgregor Raid that at the time of the accident the defendant may have considered himself liable, but after consulting a solicitor he was advised that ho was not. Even if he did sav that he was liable and that he would pay, that would not make him liable.—Angus John M'Millan, the dcfer.di.nt, said the brake which locked buth wheels was on when he left the horses in charge of a bpy while he went into Mitchells sh p. Witness also described how the accident happened, Sergeant Gearin came up and asked Carmalt if he know what it -.vo-ild take to put up the verandah. Witness was present then. Carmalt mid he did not know; he would have to see some pen-one about it. Witness consulted a solicitor, and •. armalt said ho would have to consult his. Witness then left, having no more conversation —His Worship, after reviewing the evidence, nonsuited the plaintiff, with costs.