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THE COURTS-TO-DAY., Issue 7975, 2 August 1889
SUPREME COURT—IN CHAMBERS. (Before His Honor Mr Justice Williams.) Be William Kennedy (deceased) and the Administration Act ov 1879.—Petition for leave to pay share of children or part thereof towards their maintenance and education (Mr James). —Order made that the trustees may pay out of annual income of each child’s contingent share such reasonable sums as the trustees in their discretion shall think fit for the maintenance and education of such child.
Be David Bethuxk, bankrupt.—Motion to close bankruptcy and fix date of application for order of discharge (Mr Bathgate).— Order accordingly; date fixed, 19th inst.
Hakty v. Mark. Summons for defendant to show cause, under section 6 of the Imprisonment for Debt Abolition Act (Mr Kettle in support of the motion, Mr Stanford against).—Case to stand over till the 9th inst. ; defendant then to appear. Be Edward Eason Stokes, deceased.— Motion for probate (Mr Hanlon).—Order accordingly. WARDEN’S COURT. There was a sitting of this Court this morning before Mr E. H. Carew, Warden for the district. Hugh Webb applied for an occupation license over six acres, being part of section 1, block o. Mount Hyde. Objection was made by John Ross. —Adjourned until September C. Philip Payn and two others applied for a water-race, forty chains, on Coal Island, Preservation Inlet.—Granted for twelve montlip.
John Ross’s application for a mineral prospecting license over twenty-seven acres on section 11, block n, Mount Hyde, was granted for twelve months. John Wells was granted a similar license for tho same period in respect to section 2, block 5, Mount Hyde. A. J. Burns (for Charles M Queen) asked for a protection ever licensed holding section li, block 5, Mount Hyde.—To stand over until September 6. James Holdaue applied for exchange of tenure from agricultural lease to deferredpayment in respect to section 1, block’9, Waikawa.—Referred to the Commissioner of Crown Lands at Invercargill. CITY POLICE COURT. (Before Messrs J. D. Feraud, J. B. Thomson, and J, P. Jones, J.P.s.) Dri'NKENNKhs.—For this offence Alex under Holmes, with one previous convic tion recorded against him, was convicted and discharged. Ellen Fitzgerald (nine previous convictions) was similarly dealt with, as she had not appeared in Court since October, 1886. Alleged Perjury.—The case Campbell v. Wallace, in which accused was charged with committing perjury duriug the hearing of a charge of cattle-stealing preferred by him against the present prosecutor, was continued, Mr S. Solomon appearing on behalf of Campbell; Mr D. D. Macdonald for accused.—The case for the prosecution having been concluded, Mr Macdonald proceeded to review the evidence adduced in support of the charge, and referred to tho entire absence of clear and tangible evidence brought forward by the opposite side. He also referred at length to the particulars of the partnership agreement alleged to have been entered into by accused and Campbell, and said that the partnership was so vague and intangible that no settlement was ever made between the parties. Accused had made tho statements on which the present charge was based with his eyes open—in the face of contrary evidence adduced by the other side—and he still persisted in making that statement. There was no partnership between Campbell and Wallace, and there never had been a partnership existing between them. He submitted that, unless a very strong prima fade case was made out (and such had not been done) accused should be discharged. After a short retirement Mr Thomson said ; “ The Bench are of opinion that a prima facie oase has been made out, and accused will therefore be committed for trial at the next sittings of the Supreme Court." In answer to Mr Solomon, the Bench fixed bail as follows : —Accused at LSO, with two sureties of L 25 each.
Henry Comh Bennett was then charged by George Wallace with committing perjury whiio giving evidence in the case Wallace v. Campbell, Mr D, D, Macdonald appeared for prosecutor; Mr J. P. M. Fraser for accused. It appears that while giving evi, denoe in the case mentioned accused (it is alleged) said that in tho course of a conversation between Wallace, a man named Hastie, and himself, the former stated that ho had put LSO in the business [with Campbell]. As one of the principal witnesses ,(Jlaitjie) had refused to appear, the case was ijid|oupue,d qntil lyeduetday, same bail as bejsqrp bping allqryei}. ‘ "
THE COURTS-TO-DAY., Issue 7975, 2 August 1889
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