LAW AND POLICE.

New Zealand Herald, Volume XII, Issue 4271, 22 July 1875, Page 3

LAW AND POLICE.

SUPREME COURT.—In Banco. Wednesday, July 21.. [Before His Honor Mr. Juitice Gillies.] Tins ordinary sitting of the Court in Banco was held this morning, and the following business disposed of :— Clarke and Wife v. Casey.—The plaintiffs brought their action for damage by reason of uijury sustained by the plaintiff's wife on board the steamer Lily,, and obtained damages by verdict of a special jury £400. Mr. J. B. Russell now applied to the Court to enter a nonsuit, or if that should be refused, to enter the verdict for the defendant, or grant an order fora new trial. His Honor said that unless the point upon which the nonsuit was asked had been reserved, the Court could not, sitting in Banco,.grant the application.—Mr. J. B. Russell said the application was made upon the ground that there was no evidence given to the jury of negligence by the plaintiff. After the plaintiff's case had closed, some evidence was given as to the cause of the injury which the plaintiff's wife had sustained, but that evidence only shewed that the accident was in consequence of the bursting of the steam-pipe. The evidence adduced tended to negative the responsibility of Captain Casey from the consequences of that, occurrence, because it was proved that he had done everything that could have been expected of him towards the safety of the vessel and passengers. The Court had ruled on the trial that the mere fact of steam getting into the cabin -was sufficient evidence priiua facit to call on the defendant to answer the case. The bulkhead of which so much had been said was not intended to assure safety from such an accident as had occurred, and the fact of its not having been placed so as to prevent the accident in this case, was not a wrong-doing on the part of the defendant. [Redhead v. Midland Railway Company, Law Journal, 32 Q. 8., 181 ; Simpson v. The General Omnibus Company, Christie v. Grigg.] —His Honor was of opinion that the owner of the vessel was bound to do everything necessary for the safety of his passengers, although he gave no warranty of tlieir absolute safety. Captain Casey's own evidence was in effect that he would not have placed a blanket across that aperture between the cabin and the engine-room : that the bulkhead was the proper thing to hare been there : that if he had been on board the bulkhead would not have been absent from its propel place : and that time had shewn it was the proper thing to have been done to have had that bulkhead in its proper place. Captain Rawson also gave evidence to the like effect, that the plaintiff's wife would not have been injured —or that the accident would not have occurred—had the bulkhead been there and that aperture closed against the accession of steam into the cabin. The consequence of the bursting of the pipe was that the injury complained of was done, this bulkhead not being in the place proper for it, and where if it had been no injury would have beeu caused. The evidence exonerated Captain Casey from any blame on account of the bursting of the steam-pipe. That the bulkhead was not where it ought to have been, where it was intended to be and for the purpose for which it was jnade, was the fault of the defendant ; for rthough it was stated that the bulkhead was 'removed in the first instance by a person not in the defendant's service, it was the duty of his servants to have placed it in its proper place when managing the vessel. The application must be refused. The Court was so clear upon its judgment that it would not grant leave to go to the Court of Appeal, although it was of course open to the defendant to have the opinion of the judges on the question if he thought right.—Mr. J. B. Russell said the question involved several matters of great importance to shipowners aud others, and Mr. Casey was auxions to get the mo3t authoritative judgment that could be obtained.—Application refused accordingly. Clarke and Wife v. Laurie.—Mr. J. B. Russell applied for a decree. The plaintiffs in this case are not the same persons as those named in the last case. : The question arose out of the disposition of the estate of the late Mr. Laurie, of the Whan, and the decree was to determine the rights of the plaintiffs. The matter has been a long time before the Court, and contains no feature of public or oven special interest. The decree was granted, the minutes of it to be settled in chambers.

HUTCUIKSON AND Co. V. MaKSII BROWN Kerawiiiti.—Xhi3 was a demurrer to the defendant's plea. Mr. Hesketh appeared for the plaintifls in support of the demurrer, Mr. MacCormick for the defendant in support of the plea. The action was brought to recover damages for a breach of contract. The contract was set out in the plaintiff's declaration, and was in effect a contract for the purchase and delivery of gum, from certain lands specified, at prices named. The plaintiffs had performed nil conditions to entitle them to the fulfilment of the contract by the other side. They agreed to pay to the defendants £200 for certain gum, £5 being paid down and receipt taken, to be delivered to their agent, a sum of £100 to be paid ui , * delivery of the first i>o tone. The price per ton was to be for lirst quality £27. There was a clause in the agreement under which the defendant was not to allow the gum to be sold to anyone else. The agreement was made on the 9th of December, and it appeared that almost immediately after the agreement was made the defendant refused to fulfil the contract. To the declaration the defendant now pleaded that tho agreement was void under the S7th section of the Native Lands Act of 1873, which is as.follows :—"Except, as hereinmentioned, i every conveyance, transfer-gift, contract, or

promise ari'eetiug native laud before it shall become vested in freehold tenure, by order of the Court shall be absolutely -roid, provided always that contracts by parole may be made affecting flax, timber, or actual productions growing on such land extending over a period of two years." It was contended on behalf of the defendant that gum did not come within the above provision,— that it was something wholly different from a production of the soil: it was strictly a part of the soil, really a portion of the material of the land. On the part of the plaintiff it was answered that there was a perfect analogy between gum and coals to be purchased out of a colliery, a transaction not uncommon. The agreement in this case wa3 to purchase gum ■' from" certain lands, which may "be got out of" certain lauds. It did not appear that defendant was the owner ; he might be a mere factor dealing in this article.—His Himor, in delivering judgment, said the plea was bad. The contract was not to purchase the gum contained in certain land to be dug by the purchaser, which would involve his having a certain amount of use of the land and interest in it. The vendor in this case might get the gum how he pleased, and whether he got it from land of his own did not affect this contract. The defendant, for anything that appeared, might be a perfect stranger to those lands mentioned. He was to sell and deliver this gem when it had been taken out of the land and when it became a chattel, the same as other things obtained from and separated from the land. Seeing that the policy of these Native Lands Acts was to prevent the alienation of the freehold interest until native claims had been investigated by the Native Lands Court, and not to deprive the natives of the use of the products of the soil, which might be appropriated by them without injury 4 to the laud, the Court was of opinion that the material referred to in the present case was not an interest affecting laud. His Honor allowed the demurer, giving to the defendant's counsel leave to amend the plea.

POLICE COURT.—Wednesday. 1 Before Dr. Heme and C. Jf. Marshall Eeq* JusticM.] Drunkenness.—One person was punished for having been drunk and disorderly. Larceny.—John Hamilton wae charged with stealing one pair of boots, value 15s from the s.s. Star of the South, the property of W. F. Howard. The accused pleaded not guilty. Upon the application of Inspector Broham, the case was remanded until this day, defendant being admitted to bail in t*o sureties of £10 each.—Henry Peterson pleaded guilty to a charge of stealing a pair of blankets, value 15s, the property of Hutchinson, and was sentenced to seven days' imprisonment with hard labour. Naval Training School Act.—Wrii. Clark, who was summonsed to contribute towards the support of his child, an inmate of the Naval Training .School, was ordered to pay the sum of 2s tid weekly towards the support of his child. D.ESKRTION-. — Matthew Moore, who had been summonsed for deserting hie wife, failed to appear.

Charge ok Incendiarism.—Susan Conley was charged with unlawfully, maliciously, and feloniously setting fire to a certain dwelling-Louse situated in Jennyn-street, on the 6th instant, with intent thereby to defraud the New Zealand Insurance Company. Mr. F. M. P. Braokfield appeared for the prosecution, and Mr. C. L. H. Joy for fie prisoner, Mr. Brookfield opened with; a brief statement of the case. Wm. J. Cawkwell, a merchant residing in Auckland, deposed that he and Mr. George Fraser had a mortgage for £200 over the house the property of the prisoner's husband. The mortgage will expire on the 17th of August The property was insured in the New Zealand Insurance Company's office for £200, and the policy will also expire on the 17th ult. The policy was hero produced. In the event of the house being destroyed, witness and Mr. Fraser would receive the money, and this would clear off the mortgage. William Ritchie deposed : I am a baker, carrying on business in OlKcial Bay. I know the prisoner and the house she lived in. ; I recollect the prisoner telling me that she was thinking of selling the house when her husbainl came out ol gaul. (Jeorge Walker deposed : 1 am a foundry-man, employed by Messrs. Fraser and Tiune. About 9 p.m. on the Oth of July inst., I was going past the Wynyara House, when I saw the reflection of a lire, in what 1 thought at the time to be either Conley's house or the bake-house adjoining. 1 ran down the hill and found that the lire was in Conley's house. Two or three of ua went against the door and poshed it open. 1 went into the back-room and, saw a tire in one corner of the house. I thought the tire originated in the box produced, which was burning at the time. I helped to extinguish the lire. I then lifted up some clothes in the box, and a person who was with me then said, "There was a strong smell of kerosene." I did not smell kerosene or turpentine in the house. I noticed that there was a tire on the chest of drawers at the end of the box. The things, on the chest of drawers consisted of books, papers, and other things. I euuld not readily detect by smell the presence of kerosene or turpentine. My sense of smell is very slight. Thomas Broham, Inspector of Armed Constabulary, deposed : On the night of the Cth instant, I heard the tire-bells ringing, aud I proceeded to the prisoner's house. When I got there the fire had just been extinguished. Many ptrsous were in the room. The box (now in Court) stood in the i>. L'. corner of the room, and was in the same state as at present. The lire had evidently originated in the box. The wall and the ceiling in the S.E. corner was deeply charred. In the box I found rags, old brushes, and several books, amongst others an old iiible. There was a very strong smell of kerosene and turpentine in the house. The rags and books in the box were saturated with turpentine. A second tire had also occurred on top of a chest of drawers. Th) 3 lire I believe was separate from tLe other lire The things on the chest of drawers smelt of kerosene. The tow produced came out of the ceiling of the house. I saw Constable Mulville nnd on a shelf in the kitchen a quantity of chips and rags, all laid apparently ready to set lire to. They and the shulf were saturated with turpentine. The whole house smelt strongly of turpentine, but it was apparently used, only in thi> two rooms. I am of opinion that fully a quart of turpentine had been used in saturating these thiugs. I searched the house, but found uo clothing whatever in it. In the sitting-room 1 found one chair, one small table, one large empty chest, one colonial sofa, an old niuttre.-s, aud a sheet and two blankets. In the bed-room there was one wooden bedstead, one old mattress, a small table, one blanket and a counterpane. The kitchen contained a table, a dresser, and a few plates. The room in which the -fire occurred contained an old stretcher, without any bedding, aud. the old chest of drawers. That was all that was in the house. The whole of them were certainly not worth £10. The house appeared in a deserted condition. Shortly after the tire I saw Mrs. Conley, and pointed out the tirea in the different places and the strong smell o£ turpentine, and asked her if she could account for the fire. She said she could not. I asked her if she could account for the strong smell of turpentine, and she said she could not, as they never used either turpentine or kerosene. Prisoner said her husband had gone to the North Shore, and would not return that night. This statement was true. She also said that the boy James had gone out with the cows at about seven o'clock, that at about the same hour the little girl left for -Parnell, aud that between seven and halfpast seven o'clock she herself went down to Mr. Hactrill's residence, a house about 150 yards distant, aud that she remained there until the alarm of fire. She was, she said, the last to leave the house, and v\hen she left it she pulled the front door to, bo a.i to bolt it, anil ohut the back Uoor, but did not lock it. Tu Mi. Joy: 1 caused four persons to be arrested upon this charge, and three were discharged without trial. There was no timekeeping clock in the house. ... little girl, Harriet Kulton, was one of those taken in custody. Ti;is child made a statement concerning the lire, but not in the

presence of the prisoner. Mr. Brookfleld : The Bench saiil that if the cliiKl's evidence was of any value she might be called for the ikfiiioo. Mr. l'.rolutn : It was true that the jirisiniur had been at Mrs. Hadrill's, lmt she w.-vi nut there all the time the stated. The prisoner did not tell me that she had also been to Mr. Dan-sou's for medicine. Detective Georyc Jeffrey deposed to having examined the house occupied by the prisoner after the fire on the niglit of the Ctli inst. He noticed that nearly all the furniture was removed from the house. The value of the things left would be under jCo. On the following day Detective Grace and v itness made a further search and found on the clothesline and hedge a quantity of men's and boys' clothing. There were six pairs of men's trousers, seven coats, two vests, and one boy's vest, three trousers, two coats, and a large Fijian mat. The clothing is similar to what I have known Conley aiid his family to wear for years past. The clothes were twelve or lifteen yards from the house, out of reach of the lire. On the Sth, witness searched two rooms at Parnell occupied by the two daughters of the prisoner,, whom he had known to be living with the prisoner for the past live years. In oi:e room were found a larije number of articles, an inventory of which was given in evidence. Many of these things lie had no hesitation in saying li-- , hail seen in the prisoner's house, and Fo:»e of them he could positively identify as

having been in the prisoner's house for years. Amonpft these last were an old-f;ishioned chest of drawers, a brass-bound box, and a pair of carved horns. He also found licences and letters belougiug to James Couley, and also a Naval Yolunteer roll and a Saviugs Bank book belonging to James Conley, the prisoner's husband. To Mr. Joy : Mrs. Hassell said that her mother, the prisoner, had given her all the things in the rooms. She said that her mother took tho house in Parnell, and removed the things to it. The little girl Rolton told wituess that bhe saw a strange man come to the house. The man eaid he wanted to see Couley, and tell him the detectives were after a man. Frederica HadrilV the wife of E. Hadrill, reporter, deposed: I reside in Jermyn-street, and I know the prisoner's house. On the night of the fire Mrs. Conley was at my house from about Bto half-past S o'clock. She did not remain in the house all the time. She Went out to the gate twice, and returned twice, but the third time she went out she did not return. I did not hear the alarm of fire. To Mr. Joy : When Mrs. Conley went out it was only for about two minutes, and ahe said it was to look after the cows. I have seen her cows grazing on the sides of the road. Mrs. Conley was to clean my house. Lydia Lucas deposed that on the 14th of June the prisoner weut to her house to look at two rooms she had to let. Prisoner took the rooms, which are now occupied by one daughter. Another of the prisoner's daughters also sleeps there. On the 24th of Jnue they moved into the house. The furniture was taken to the house at 6 o'clock, just after dark. The prisoner has been at the house to see her daughter, but has not stopped there. To Mr. Joy : The daughter pays the rent. Wm. llossap, a carter residing at Parncll, gave evidence of having, about the 21st of Juno, removed furniture from the prisoner's house to the house of the last witness in Parnell. The furniture was removed by prisoner's instructions. I removed a chest of drawers, an iron bedstead, a table, and sonie carpeting. The prisoner paid me for carting the furniture. I delivered them to the daughter, who was waiting for them. I had not a load. Harriet Rolton, deposed: lam fourteen years of age. My father is living at the Thames. I recollect Mrs. Conley's house being on fire. I had been living"there for about a month. On that evening, at between Bix and seveno'clock, I went to Mrs. Hassell's house, at Parnell, to take a sofa mattress there. Mrs. Hassell asked me to take it. I was told to take it on the following day, but 1 took it that evening because I wanted to eee the baby. When I went away Mrs. Couley, the little boy, and Mrs. Hassell were in the house. I returned to Conley s house about eight o'clock. I then went back to Mrs. Hassell's with a kit and a frySngpan belonging to Mrs. Hassell. Mrs. Hassell followed me. She brought a parcel of clothing. The little boy, Charley, came with me each time. I did not stay" long at Mrs. Hassell's. When I got back to'Conley'e house the second time, the front door was closed to and the" back door was open. When I got to the front door there was a man standing by the gate. This man was about the street when I left. He spoke to me, and asked me if I knew where a widow lived who had a big daughter. He then wont over to the house on the other side the road. He then came back, and said that perhaps this (Mrs. Conley's) house was the one. He did not come into the house at the time, but I went in by the front door, which was only closed to. I stood at the door talking to this strange man, but I shut the door, that he should not come in. I afterwards went into the back bed-room, and saw the fire in the box, now in Court. The man pushed his Way in the door, and asked for a match. I said we had none, and asked him to please to help me, and he said, " Let me go ; let me go. I was in front of him. He turned round and ran out. I was not in front of him. He did not go into the back room. I had been in the back room before I weut to lira. Hassell's, and the box was there then. The chest of drawers was there, and in it a few plain clothes. The man ran up towards Britomart. I ran out of the front door to Fernandez's, to see if Mrs. Conley was there. I told Mr. Fernandez that the place was on fire. He cried out " Fire !" and Bent a man to ring the fire-bell. I sat down in his house for a short time, and then went into the street. After the fire was out I eaw Mrs. Conley coming down JermynBtreet. The Conleys keep two cows, which, on that night, were iu the paddock. The witness was not cross-examined. This was all the evidence. Mr. Joy submitted that there was no evidence to inculpate the accused. The Court adjourned for half an hour. On the Court ramming, Mr. Joy asked for an expression of opinion from the Bench whether itconsidered there was sufficient evidence before it to wan-ant a committal. The Bench replied that sufficient evidence had been adduced to warrant it in ordering a committal. Mr. Joy therefore declined to waste the time of the Court by addressing the Bench, and the depositions having been read over, the prisoner was duly committed for trial at the next criminal sessions of the Supreme Court. The witnesses were bound over to prosecute. The accused was admitted to bail, herself in £400, and two sureties of £200 each.

Lunacy.—A male lunatic, upon the testimony of Dra. Hooper and Ellis, was sent to the Proviijcial Lunatic Asylum for medical treatment.