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THE COURTS-TODAY., Issue 8023, 27 September 1889
SUPREME COURT-IN CHAMBERS.
(Before His Honor Mr Justice Williams.) i?e James Roe Danson, deceased. Motion for remuneration to executors. Mr George Cook in support of the application, which was referred to the Registrar for report. Myers V. Menshes. —Motion for order to defendant to file amended statement of defence (Mr Chapman).—Dismissed with costs. Bkown v. Samson and Smith.—Summons to defendants to show cause why order should not be made as to conduct of action, delivery of accounts and taking of accounts before Registrar and accountant (Mr W. D. Stewart).—Order for discovery, and that an account be rendered within fourteen days, in terms of first paragraph of prayer, without prejudice to any defence of defendants. Coats reserved.
Be George Turnbull, deceased.—On Mr Finch's motion leave was granted to register office copy of will. Grkog v. Mercer- Bros. — Motion on behalf of Hector Mercer for leave to defend (Mr J. Macgregor).—Statement of defence to be filed here on or before October 5. Trial here next sittings. Be Patrick O'Rourke (deceased).—On Mr Gallaway's application, leave to sell section of land was granted. Be Emma Buciiols (deceased).—Motion for letters of administration, and that sureties be dispensed with (Mr Sim). — Accordingly. Probate was granted in re Thomas Inglis (deceased) on the motion of Mr M'Keay. . Be Thomas William How (deceased).— Motion for grant of letters of administration to Franz W. F. Geisow, attorney in New Zealand of administrator of estate in England.—On Mr Wood's motion the order waß granted as prayed for.
RESIDENT MAGISTRATE'S COURT.
(Before E. H. Carew, Esq., R.M.)
W. Cameron v, J. Mears.—Claim, L 4 Cs 9d, on a judgment summons. Mr Thornton appeared for plaintiff. Defendant was ordered to pay the amount by instalments of 13s per month, in default seven days' imprisonment. H. R. Ulark v. R. M'Kenzie.—Claim, L 6 16s Bd, on a judgment summons. Mr Thornton appeared for plaintiff. After some evidence had been taken the case was adjourned for a week. A, Rankin (for the Borough Council of St. Kilda) v. W. Ackland.—Claim, 18s, for rates due,—Judgment was given for plaintiff, with costs. F. Siedeberg v. J. Neil,—Claim, L 3 13a 4d, for labels supplied. Mr E. Cook appeared for plaintiff. Defendant paid LI 13s 4d into Court.—Judgment was given for plaintiff for the amount paid into Court, with costs.
W. F. Wilkinson v. Marion Proudfoot.— Claim, LlO, damages. Mr E. Cook appeared for plaintiff, Mr Sim for defendant.—ln this caao plaintiff's statement was to the effect that about a year ago he rented from defendant and occupied a house at Musselburgh belonging to her. After & time he and his family were moving to another house, and while doing so defendant locked up her house and prevented his getting admission thereto.—After evidence had been taken, His Worship reserved judgment.
CITY POLICE COURT.
(Before Measra J. B. Thomson and J. P.
Lascent. Wont/ Young was charged ; with stealing a quantity of tobacco, valued at 33 6d, the property of Sum Chong and Co., from a warehouse in Walker street. ' Accused pleaded not gujlty, and was dc- ' fended by Mr W. Macgregor.—C. W. S. ' Chamberlain (Collector of" Customs) said ' that yesterday he went to a bonded tobacco factory in Walker street, and there saw a hogshead of leaf tobacco (similar to tho tobacco produced) on the upper floor. _ The top of the hogshead was open. Witness then went to the cellar, but, on hearing footsteps upstairs, went up, and saw accused coming from the cask of tobacco and going towards the street. Witness sang out to him, on which he bolted. Witness then called a poljceman outside, and on stopping accused a parcel of tobacco [produced] was found on him. Witness asked the proprietor of tho place whether he would give the accused in charge. He did not seem to know what to do, so witness charged accused with a breach of the Customs Act. To Mr Macgregor : Tho factory waß about to be closed up, and witness was making an inspection prior to the closing. Witness believed that the proprietors were going to destroy a quantity of the leaf.—Ah Que, manager of the factory, said that accused had no right to remove the tobacco. It cost his firm lOd per lb. to Mr Macgregor': Witness never knew anything against accused previously.—Mr Chamberlain, recalled, said that the tobacco produced was American leaf tobacco 1 of very good quality, and therefore would not be part of that which was to be destroyed ; indeed, he would not allow tobacco to be destroyed unless he was satisfied it would not fetch the amount of the duty.—Constable Christie proved that the tobacco produced was ' accused's possession when arrested. Accused remarked that he did not intend to steal; ho only wanted a bit to smoke, and aid pot intend to take so much. Accused was a decent man.—Mr Macgregor Baid that accused was not very well known in Dunedin, but bad been in Queenstown for sixteen years, and if necessary he (Mr Macgregor) would ask for a short adjournment to allow of the production of evidence as to character. There was a second charge against the same man, but he presumed the facts would bo the same as those already sworn to.—Mr Chamberlain said that if the police obtained a conviction in the larceny case he would withdraw the charge laid under the Customs Act.—Mr Macgregor, addressing tho bench on behalf of accused, said that this factory was going to be closed it was common talk among the Chinamen that it was going to be closed, and that the tobacco leaf wbb to be destroyed. This unfortunate fellow heard of this, and thought it would be a pity that the tobacco should be burned, and that he would like to get a sample. Accordingly he went into the public room, and seeing no one there to help him he helped himself. To say that howas guilty of stealing because he took a bit to save it from being burned was a contradiction of terms, there was no evidence whatever of felonious- intent. . Accused had been foolish, but beyond that and ignorance of our Customs laws there was nothing against him. For his foolishness he had been already sufficiently punished by being locked up since yesterday.—Sergeant-major Bevin said that accused had been working in the factory and knew all about it, and was therefore not so innocent as Mr Macgregor was making out.—The Bench said that accused would be convicted on the charge of larceny and fined L 5, in default one month's
imprisonment,—Tho other information was withdrawn.
Wandering Cattle. Benjamin Shutt and William Francis Wilkinson were each fined f>3 and costs; Christian Hansen 5s without costs ; Oharlen Grace. Is and costs. U.NJtKUISTKRKU DllUS.— WWam AiJtltW, Al/rtd Mdlor, Edward Tre.win, Jhirid Adums, and Edward Frederick Lawrence. were lined "is without costs; June Brown, (turrit Brook*, and Sarah Boyd i's (id without costs ; a charge agaiust Frederick Iltmsdbuiyh was dismissed; and Numud Brown was fined Jss and costs in one case, a second case being dismissed on condition that defendant produce the receipt of registration at Kaitangata. Prohibition Order,—On the application of Mr Solomon (as representing the family) a prohibition order was granted in respect to James Augusttts Wilson, the order to be in force in the districts of Caversham, St. Kilda, and South Dunedin.
THE COURTS-TODAY., Issue 8023, 27 September 1889
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