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THE COURTS-TO-DAY., Issue 8044, 22 October 1889
SUPREME COURT-IN CHAMBERS.
(Before His Honor Mr Justice Williams.) A'e James Stevenson Forrester, deceased.—Motion for order to Registrar to report as to allowance to children out of capital.—On Mr Hodgkins'a motion an order was made accordingly. ' Bowler and others v. Street and others.—Summons to: defendants to make delivery on oath of all documents relating to cause (Mr Sim).—Accordingly, on a'l defendants, except Mrs Street.
Todd and others v. Mac Gibbon and others.—Motion for payment out of money in Court of L 56 3s 3d, expenses of sale and for costs (Mr Sinclair). —Accordingly. A'e RoiikrT Howlison (deceased).—Motion for permission to trustee to sell portion of real estate (Mr Hodgkins).—Accordingly. Fleming V. ReID and another. —Motion to confirm Registrar's report, to dispense with filing of executors' accounts, and for discharge of executor?.—On Mr Sim's application an order was made as asked. A'e William Henry Teschemaker, deceased. -Mr Brent moved that the time for filing accounts herein be extended to December 21.—Accordingly. lie Mary Burns, deceased:—Motion for letters of administratioUj for dispensing with otle surety and reducing penalty of bond by one-third.—On Mr J. Macgregor's application an order was made as above.
A'e Robert Douglas, deceased.—Motion for probate.—Granted on Mr Sim's application.
lie. George Pearson Stewart, deceased. —Motion for letters of administration, with will arhcuded to George Mondy, and that both sureties be dispensed with (Mr Sim.)— Accordingly: A'e William Charles Kennedy, deceased, —Motion for letters of administration (Mr Solomon).—Accordingly; one surety.
RESIDENT MAGISTRATE'S COURT.
(Before Messrs C. S. Reeves and R. H, Leary, Justices.)
J. Gollar v. Albert EagletoD.—Claim, LI 12s, for bread supplied. Mr Thornton appeared for plaintiff, for whom judgment was given, with costs. J. Donnelly v. John Maxwell,—Claim, LI 10s Bd, for bread supplied. The defendant admitted getting the bread charged for, but swore that plaintiff's servant said the prioe was to be 4id per loaf, while 5d had been charged.—Plaintiff stated that his charge was 4£d per loaf paid for on delivery, and 5d if booked. —Judgment was given for the amount claimed, with costs. H. A. Larking v. George Freeman.— Claim, L 3 15s 7d, goods supplied.—Judgment was given for plaintiff, with costs. A. Pavletich v. M; Fogarty and wife and Margaret Muir.—Claim, LIS 12s lOd, on a dishonored bill. Mr Thornton appeared for the plaintiff.—The defendants Fogarty had confessed judgment, and Mr A. S. Adams, who appeared for Mrs Muir, contended that as his client was a married woman, and as it had not been proved that she had separate means of her own, the plaintiff must be nonsuited.—The Bench were divided on the point raised by the learned counsel, and Mr Reeves said that the case would be adjourned for Mr Carew's decision.—Mr Adams objected to the adjournment, unless the Bench would state the evidence led, merely leaving the Magistrate to give his decision. If the case were opened de novo Mr Thornton would try and prove that the defendant Muir had separate means, which he had so far failed to do.—Mr Reeves: The Bench do not agree, and are not likely to agree. We propose leaving to Mr Carew a decision on the point raised.—Mr Adams must object to the case being reheard by the Resident Magistrate, and would prefer to ask that the plaintiff be nonsuited. He had no objection to the evidence being laid before His Worship with a request for his decision.—Mr Reeves: You mean that the plaintiff should bring no further evidence.— Mr Adams: Certainly. —Mr Thornton: My learned friend is afraid we shall prove that his client has property.—Mr Reeves: As we cannot agree the plaintiff will be nonsuited, without costs.—Mr Thornton :Of course, we get judgment against the other two defendants who have confessed.—The Bench : Judgment will be entered up, with costs, against the two defendants who have confessed; and the defendant Muir will be nonsuited, without costs.
CITY POLICE COURT.
(Before Messrs J. Logan and R. B. Martin, J.P.s.)
Drunkenness.—A first offender was convicted and discharged. Ax UndEvSikable Character. Liz\k Glisbcy (one previoun conviction) was charged with being a common prostituto and with behaving in a disorderly manner on October 22.—Sergeant-major Bevin said that that morning accused and a companion were driving about in a cab. They were drunk, and were creating a great disturbance. Before she wat> arrested she had to be put out of a Chinese den at the request of the Chinamen. She was perfectly incorrigible. —Accused said she was seventeen years of age.—She was sentenced to one month's imprisonment, with hard labor. Janet M'Baiti was similarly charged.—lt was stated that accused was discharged at the Court yesterday for drunkenness. She promised then to go into service, but had no intention of doing so. She was perfectly incorrigible, had been an inmate of the Industrial School until lately, but had taken to her present mode of living on the day after the death of her father. She had had a child some nine months ago.—She was sentenced to three months' imprisonment, with hard labor.
Larceny.— Charlie, Sui Tie was charged with stealing, on or about September 25, five Houdan hens, valued at L 4, the property of George Fox. Mr A. C. Hanlon defended.— Upon counsel pleading not guilty, Mr Logan said he should not do that—it was not allowed. Accused would have to plead for himself. The interpreter, after asking accused how he pleaded, said he desired to be tried at the SupremeCourt.—Upon Mr Hanlon going over to accused, the interpreter said : " You keep away from him. If I'm going to ask him to plead, you leave him alone. I've asked him, and he wants to be tried by the Judge—he'll get a better show there." —Mr Hanlon: "Oh, keep quiet- Well, your Worship, I care but little. If he wants to be tried by the Judge, well and | good."—The case was ordered to stand I down until the other cases were disposed of. —Upon resuming accused pleaded guilty, and Mr Hanlon asked the Bench to deal leniently with him, as he had never been convicted before.—Accused was convicted and ordered to come up for sentence when called upon. A Disorderly House. Kate H'Crae was charged with being the keeper of a disorderly house. Mr E. Cook defended.— Sergeant O'Neill said that accused kept a house of ill-fame in Moray place. Last week he visited the house, and found several of the windows broken. Accused kept two women, who were women of ill-fame, and witness knew of no other way in which she earned a living.—Sergeant Shirby said that he visited the house some timeago, and found the house full of boys and men. Complaints had been made to the police about the manner in which the house was conducted. Constable Waugh gave corroborative evidence.— Walter Ferrie, residing in Moray place, said that he and other neighbors were greatly troubled by the rows which took place in accused's house. For the last three mouths there had been innumerable squabbles in the house.—Mr Cook submitted that the evidence adduced did not constitute an offence. No good would be done by sending accused to gaol. If the property of other people was depreciated by these people living there the houses should be removed, and their Worships should not be asked to send accused to gaol. Millie Connell said that most of the rows were occasioned by another woman, who had given them considerable trouble of late.— Acoused was convicted, and the case was remanded for a week, so as to give her a chance of leaving the locality.
THE COURTS-TO-DAY., Issue 8044, 22 October 1889
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