COURT NEWS

Grey River Argus, 25 February 1927, Page 5

COURT NEWS

Claim for £1,790. SOLICITOR AND MAORI CLIENT. AUCKLAND, February 24. An action that revives recollections of a tragedy which occurred on January 2, 1923, when Puki Wi Maihi, of Waipawa, Hawke's Bay, murdered his wife through jealousy, and then committed suicide by shooting, was heard in the Supreme Court before Mr Justice Herdman. George Hutchison, barrister mid solicitor, who conducted his own case, sued the Native Trustee (Mr P. B. Cooke, of Wellington) as Administrator of Maihi’s estate, claiming £439 under an alleged mortgage given by the deceased, and also £717 for cash advances, and £634 for costs, as well as interest to be calculated. Included in the claim for costs was £419 with respect to a trip made by the plaintiff to England to argue before the Privy Council Judicial Committee on the question of leave to appeal against a decision of the Native Appellate Court.

Ten grounds of defence were tiled; The Trustee alleged undue influence in that plaintiff had acted as solicitor for a deceased native who had no independent advice. It was submitted that the document purporting to be a mortgage was void, on this ground, and also because it had not been confirmed by the Native Land Court, or the Native Land Board, and that, in the, absence of a legal mortgage, the claim, being more than six years old, war barred by the statute of limitations. Further, it was contended the native was an undischarged bankrupt at the time of the execution of' the mortgage document, and that the £419 being charged for a lump sum wjis unenforceable, because there was no agreement in writing with respect to it, while other charges in the bill of costs had not been taxed. The Trustee counterclaimed for £2(17. rents collected under the mortgage document. Tn a preliminary discussion, Mr Hutchison admitted the mortgage document was ineffective as an alienation of native land, or as a mortgage, but he submitted that it had the effect as a deed of personal covenent, which would postpone for 12 years the application of the Statute of Limitation. Another ground on which he argued his ,-laim was not statute-barred as tc his bill of Costs was that, among the filed documents, was an account stated in April. 1921. to which deceased appended his initials, thus acknowledging the debt, less than six years before the eommeircement of the action. Mr Cooke argued that, in view of the Law Practitioners Act that a solicitor mav agree with a client “not. being an aboriginal native.” to pay a lump sum for costs, such agreement with a Maori was void, and also that the plaintiff s admitted omission to advise his clien. on certain other points excluded his right to recover. Mr Hutchison said that when he de veloped his case, he would be able to prove that deceased had the advice it another solicitor. The case was adjourned until omorrow.

PICKPOCKETS AT AUCKLAND AUCKLAND, Feb. 24. At the Police Court, two well-dressed men, William Grady (37) alios Whitehall, and James O’Neil (46) alias Sid Morgan, pleaded guilty to being idle and disorderly with insufficient means of support. Chief Detective Cumming said that these men are international criminals, one from England and the other from Canada. Both are professional pickpockets, airl have been-in the Dominion only three weeks. Yesterday they were arrested in the Domain following their calling. One man had £6O and the other £25 when arrested. They were remanded till to-morrow.

CHIROPRACTOR ACQUITTED. HAMiLcON, Feb, 24. At the Supreme Court, Cyril Gervaise Gould Long, chiropractor, of Hamilton, was tried on three charges of attempt!-1 indecent assault on his female patient-. The jury returned a verdict ol not. guilty. MAINTENANCE CASE. LONDON, February 23. A West End magistrate confirmed Wellington (New Zealand) court’s maintenance order in connection with Mrs Esther Hayman's grandchildren Mrs Hayman stated that her income was £lB5O a year after payment of income tax. Her solicitor vainly arguedi that the New Zealand Parliament had jurisdiction only over New Zealand subjects. PALMERSTON ROBBERIES. PALMERSTON, N., February 24. Leonard Reginald Brown (21), John Ernest Hoskins (24), travellers, were charged at the police court this morning with breaking and entering a loyal ironmonger s establishment, and stealing there from £lB/4/- in money and goods. They were remanded till next Tuesday. It is understood that eight further similar charges will be preferred against them. SYDNEY" GELIGNITE EXPLOSION. SYDNEY, February 24. As a consequence of the big explosion in a Redfern shop in which five Hindus were buried in debris on Tues day, the police took action. TTie chiei police witness at the Court was r Hindu who was * sleeping in the shop where the explosion occurred. The in dications are that a considerable quantity of high .explosives, probably gelig nite, was maliciously placed in front ol the shop. GIRL’S THEFT. 'WELLINGTON, February 24. Having pleaded guilty to five cliaig es of theft as a servant, involving an amount of £43, a girl, aged IS yea is formerly in the Government employ, ap peared for sentence before His Honour, the Chief Justice. She was one of a family of nine, and had been receivin'; a salarv of £5 8s a month and had been in sole charge of an office where considerable sums of money were lodged. Her .father was a small dairy farmer. His Honour said that undoubtedly the case was a sad one. but the small salary had “nothing to do with -it: ” In this case . he thought He was (justified in admit- . ting the prisoner to probation, and lie said he was glad he was able to do It.