THE COURTS.-TO-DAY.

Evening Star, Issue 11893, 22 May 1903, Page 6

THE COURTS.-TO-DAY.

SUPREME.COURT.—IN CHAMBERB. j 'Befoie His Honor Mr Justice Williams.) Probata was granted re Mary Churstain (Mr Gilkison) and Robert Miller M'lntosh (Mr Gilkison). j Letters of administration were granted re Sarah Jane Stuart (Mr Woodhouse), John Finn (Mr Stewart), Mary Charlotte Howell (Mr Reid), and Henry Smith (Mr Watson). Re Jessie Robertson, deceased.—Petition for liberty to join in sale of lands (Mr Cook).—Order in terms of prayer. Re Charles Henry Street, deceased.—Motion for directions as to service of originating .summons (Mr Woodhouse).—Order accordingly. Re John Didham, deceased.—Motion for confirmation of Registrar's report (Mr Solomon). —Report confirmed; remuneration accordingly. Re Alex Youn», deceased.—Motion for confirmation of Registrar's report (Mr Sim). —Accordingly. Ramsay and Espie v. Oldham.—Motion to remove action to Supreme Court (Mr Stout).—Application refused. Re Matthew Holmes, deceased—M'Lean v. Holmes.—Petition for appointment of guardian (Mr Holmes).—Accordingly. Re Isabella Scott, deceased.—Motion for order for sale of land (Mr Holmes).—Accordingly. Henderson and another v. M'Donald and others.—Originating summons (Mr Donald Reid). —No order. Re Sutherland, deceased—Sutherland v.' Sutherland. —Originating summons (Mr Finch).—Registrar to inquire and report on the facts. Re Sutherland, deceased—Moore v. Sutherland and others —Orieinating summons for interpretation of will (Mr Donald Reid). —lnterpretation made. MAGISTRATE'S COURT. (Before E H. Csrew, Esq., S.M.I Judgment went for plaintiffs in small debt cases as follows:—William J. Watson (Mr Hay) v. William A. Rundle, Greymouth. The claim was for £SO, for moneys paid by plaintiff for shares, etc., on defendant's behalf. A payment havr ing been made since the issue of the summons, judgment was given for £l9 10s 3d. with costs amounting to £4. Andrew Grant (Mr Wilkinson) v. Ernest South (Fairfield), for £9 8s 3d, wages, with £1 5s 6d costs; Mollison and Co. (Mr Moore) v. H. Perry (Kaikorai), for £1 9s 3d, goods, with 6s costs; R. Collier (Mr Moore) v. J. Warnock (Green Island), for 17s, goods, with 6s costs; Mollison and Co. (Mr Moore) v. Alex. Colstone, for £7 8s 7d, goods, with £1 5s 6d costs; W. Nees and Sons v. Martin H. King (Oamaru), for £3 ss, goods, with 6s costs. CITY POLICE COURT. (Before C. C. Graham, Esq., S.M.) Prohibition Orders.—Prohibition orders were granted against two men for the first time. Drunkenness.—David Edgar was fined 20s, or seven days. Margaret Williams was convicted and ordered to come up for sentence when called upon, on the understanding that she went to the Salvation Army Home and remained there for threo months. Breach of the Peace.—Conrad Basan was charged with, on the 11th May, using behaviour in High street with intent to provoke a breach of the peace. Another man named Phillips (represented by Mr Hanlon; was jointly charged with Basan, and pleaded not guilty. Basan pleaded tjuilty. The Sub-inspector said that he would accept that plea and withdraw the case against Phillips. It appeared that the breach of the peace or assault was committed by Basan. The police found that they had no evidence that the other man took part in it. Basan committed an unprovoked assault. There' was .some disturbance in a restaurant in High street, and after the men left the place Phillips was struck by Basan and had bis head cut on the kerbstone through being knocked down. He was rendered unconscious for some time, and Basan ran away.—Mr Hanlon had no objection to the case being withdrawn against his client, who came of very respectable people. Phillips felt it very keenly to be dragged before the Court when it was the other man who interfered with him. In the first instance, Basan was running away after having done something wrong, and someone called out to Phillips and another man to stop him. They stopped Basan, who apparently followed Phillips up» waited for him, and deliberately assaulted him in such a way as to necessitate bis going to the hospital. The house surgeon certified that Phillips was taken to the hospital suffering from a cut on the back of the head and from the effects of a blow on the jaw and ear. and that he was still under treatment for the injury to his ear. Counsel hoped that it would be publicly stated that Phillips was not to blame, and that he was mistakenly brought before the Court:— His Worship said that the police had expressed their willingness to withdrtw the case against Phillips, who would no doubt be satisfied with the publicity given w.tb' regard to his position in the affair. The case against him would be withdrawn. The Sub-inspector explained that Basan had been Defore the Court a considerable number of time.—Basan had nothing to say in justification of bis con-

duct—His Worship said that it appears! that an assault had been committed without the slightest provocation. ■ Accused would be fined the maximum penalty, £5. Theft—George Gray pleaded gnilty to stealing two cabbages, valued at Is, the propertv of Lawrence Coverley.—The Subinspector stated that the offence was committed at Green Island. Mr Coverley was a gardener, and had been put to some loss by people helping themselves to his Tegetables. On this occasion accused went to the man's garden at night and stole two cabbages. He afterwards went to the police station on hearing that someone else was being blamed for the off nee and told the constable that he took the cabbages.— Fined 20s and costs. Assault.—Albert King pleaded gnilty to assaulting James A. Boreham —Mr Hanlon, who appeared for the prosectitor, said that accused was a dustman, and the complainant drove a vehicle used in delivering goods for a shopkeeper. On the morning in question accused was empty'ng some dust tins at the mouth of ffce Arcade, whrn Boreham drove up with bis vehicle partly between the dust cirt and the Kerbstone. King was annoyed at this, and commenced hitting the complainant's horse on the nose. He gave the animal a smirk on the nose with a dust bos. which caused the horse to back, xne compla : flant remonstrated with accused, and told him to stop httinor the horse, but he d d not do so, and Boreham then went to his horse's head. He shoved Kinsr bark, and fhe latter thereupon turned round and hit Boreham on the side of the no*e and eye, with the result that the man had to go to Dr Evans Rnd hove a stitch put in his eyebrow. A bone on the outside of the nose was also brokenf—Accused said that he was at the Arcade before Boreham, who came up and blocked him with his cart. He told him not to do that, but the complainant repb'ed that it whs every man lot himself in this world. He did not strike the_ at all. Boreham shoved him while he had the dust boxes on his should*. He (King) then turned round and struck the man.—His Wor-hip characterised it as an unwarranted assault, and inflicted a fine of 40s and costs (555), half the fine to go to the complainant.