S.M. Courts.

Northland Age, Volume IV, Issue 50, 3 August 1908, Page 5

S.M. Courts.

(Before R. Stone Florauce, Esq., S.M.) KAITAIA, 27th July, 1908. Civil Cases. Mangonui County Council v. Vercoe Bros., claim for £4O 8/- for maintenance on Charitable Aid Account. Adjourned. J. Vercoe v. H. Masters, claim £712/7. Judgment for plaintiff for 12/6 and costs. S. Oldfield v. Herbert Subritzky, claim £2O 1/6. Judgment by default with costs. R. Wooer v. J. Thumwald, claim £7 13 -1 R. Himiona v. Wi Hare, claim £l4 10/- ; E. M. and C. Masters v. K. Dick, claim £5 16/9; same r. R. Marsh, claim £l 7/-; S. Oldfield v, A. Dean, claim £lO 12/8 ; Dr. Hope v. Oscar Olsen, claim £2 12/6. Judgment by default with costs in each case. E. M. and C. Masters v. C. and J. Galbraith, claim £l6 16/9; judgment on confession, with costs.

A. Matutinovioh (Mr. Reed) v. Fabian Petrich (Mr. Fallon). Claim for possession of four horses or their value (£6O) and £6 damage for detention. Judgment reserved; to be delivered at Mangonui. [ln a lengthy judgment, read in Mangonui, finding in favour of the defendant with scale costs the Magistrate traversed the facts and legal argument put forward by counsel, dealing with the Chattels Transfer Act 1889, The Sale of Goods Act 1896 and the Maori Land Claims Adjustment and Laws Act 1907, Hone Pikare according to the Court having legal ownership of the animals in dispute. Security for appeal, of which plaintiff’s counsel gave notice, was fixed at £l6,] Criminal and By-law Cases, Police v. W. Masters and S. Masters; breach of "Heavy Traffic” By-laws; adjourned. Mangonui County Council v. Ngarenga; digging kauri gum without a license; fined 5/- and costs. Police v. Ray Davis; "carnal knowledge.” Committed for sentence. MANGONUI, 29th and 30th July, 1908. Civil Cases. Mangonui County Council (Mr. Quartley) v. C. Bennett, claim for rates £1 7/6. Same v. Mrs. Maroney, claim for rates 4/- Judgment by default with costs £2 in each case. J. Urlich (Mr. Proudfoot) v. A. and E. Walker (Mr. Quartley). Judgment for £l3 16/- and £2 19/6 costs. Same v. E. Walker. Judgment for £7 15/- and £1 13,6 costsf Same v. A. Walker. Judgment for £ll 10/- and £3 19/- costs. J. W. Edwards (Mr. Quartley) v. M. Hone, claim £1 14/- Judgment by default with costs 13/6. G. Scbeigis (Mr. Fallon) v. M. Himiona, claim £4 9/5. Judgment by consent with costs. Same v. M. Mokeaka, claim £9 13/-. Judgment by default with costs £2 6/6. C. Sherman (Mr. Fallon) v. Ngatote Rawiri, claim £8 6/7. Judgment by default with costs £1 18/6. Same v. J. Mclnerney, claim £6 3/4. Judgment by default wi-jh costs £1 18/6, A. McKay v. P. Henare, claim £3 15/7. Judgment by default with costs 19/A Fencing Case. ) J. Frear v. Renata te Ngahura and party. Breach of the Fencing Act 1895. Defendants were ordered to carry out the fencing as decided by the arbitrators who had been called in to adjudicate between the parties. Tiie Benefit of the Doubt. Tepana Huirama was charged with stealing a sheep at the Back River on 24th April last, Constable Sefton prosecuting and Mr. Reed appearing for the accused. Richard T. Wrathall and Lupton Wrathall detailed the buying of a sheep from the accused, on account of the Mangonui Meat Supply Coy., and stated that Tepana had disposed of the head in an adjacent pool - When a part of the head and the skin were found the ears were misßing, but Lupton Wrathall swore that the sheep killed had borne Penney’s ear mark. Accused had been given the head for his own consumption but bad not thought it worth while to carry it home after partially cleaning it. Leslie Penney swore to the head and a portion of skin produced in Court, the which added an especially fine odour to the proceedings, and described a sheep which he declared had belonged to his

father and which he considered was the one killed on the occasion. Under crossexamination, however, the witness broke down badly, considerably damaging the police case, Formal. evidence was given bv Mr, Joseph Penney life! Constable Drummond, and tie - !!■ m-h decided tt> give Tepana Huirama " tbe benefit of the doubt ” in a case where suspicion might rest but where the evidence was insufficiently strong for conviction. The infor-, niation was therefore dismissed. Supplying Liquor to Maoris. Richard McKay (Mr. Fallon) pleaded guilty to supplying liquor to Maoris at Lake Ohia on the 4th April last ; Mr. Reed prosecuting for the police. The evidence called proved that McKay had taken a keg of beer out to Lake Obia on the ocoasion of a football match and the teams had supplied the necessary funds to pay for same. Among others three Maori players had consumed of the liquor and had paid their share of the expenses to McKay who was ignorant of the law on the subject and had not acted for gain. Constable Drummond gave accused an exceptionally good character. A fine of £5 and costs was inflicted, in all £l2 13/6. John Urlich for a similar offence on the same occasion was mulcted in a like amount and costs, altogether £l3 18/6.