LAW AND POLICE.

New Zealand Herald, Volume XIV, Issue 5017, 14 December 1877, Page 3

LAW AND POLICE.

BANKRUPTCY.— I Thursday. RE LOUIS FOURNIER. A meeting of creditors in this estate was to have been held yesterday at 11 o'clock, but no creditors appeared at that hour. The debtor will apply to the Supreme Court for his discharge at its next sitting. RESIDENT MAGISTRATE'S COURT.— Thursday. fßefore It. C. Bardtow, Esq., R.M.] The ordinary weekly sitting for hearing and determining small debt claims was held this morning : — UNDEFENDED CASES : JUDGMENT FOR PLAINTIFFS. * .James 75. Francis v. Win, Niecol, £9 2s Hd ; James Reynolds v. Wm G. Clarke, £22 1-ls 4d ; Mayor and Corporation of Auckland v. John Davis, £0 ; Henry I.)e Grantoille v. G. W. Smart, £4 1 Is (without costs). Judgment Summonses. RICHARD FORCJ.E V. WILLIAM L'RAYFORD. Claim, £6. The defendant was allowed a mouth to make some terms with the judgment creditor. WILLIAM A. WATERMAN V. WILLIAM DENIIAM. Claim, £4 ss. The defendant was ordered to pay the whole sum by the ISth January, IS7S, or, iu default, to be imprisoned for a month. ALEXANDER YOUNG V. WILLIAM 11. C'IIAPPELL. Claim, £2 Ss. Ordered to pay 3s a week, or in default be imprisoned for a month. ADJOURNED. Braithwaite Patterson v. Edward Mooney, claim £3 10s 4d, to the 10th January, IS7S. S. REID V. E. GRIFFIN. Claim, £*2 10s. Mr. George for the plaintiff, Mr. Tyler for the defendant.

This was a re hearing, the facts naving been pre7iously deposed. The plaintiff is a storekeeper in the Kyber Pass, and the defeudant a resident of Newton Road. The action was to recover a balance of account for goods supplied. The defondant denied that he had had the goods, and averred that what gooils he had lie paid for. They were supplied to his wife during defendant's absence at the Bay of Islands. At the previous heariug the plaintiff was non-suited, on the ground that as there was a positive conflict of testimony and other evidence might have been adduced, the Court

had not before it sufficient to guide it in forming a judgment. The plaiutiff now brought his wife and son s witnesses, who proved the delivery of the poods. The defendant put in a receipted bill, in which several of the articles charged were similar to those charged in the account sued upon, but the bills* were delivered monthly, and would contain many similar items, and in the present account were special articles. The defendant's wife said she paid cash for the articles after she purchased them ii« plaintiff's tsliop. The defendant said the plaintiff wanted to "let the bill go" if defendant would deal with him. This plaintiff positively denied. Defendant's wife denied in the must positive manner that she had the articles charged to her husband on credit. She paid the plaintiff for them threo days after she had them. She gave plaintiff a pound note and three shillings, and received a penny in change. She had not any good* from plaintiff since. Mr. Tyler contended that the evidence showed that some of the items of the bill were paid for, and the proof of the rent was not sufficient. Besides, the lapse of time between the contracting the debt and bringing the action was in favour of the defendant's case.

Mr. George contended that the plaintiff's evidence was positive that he gave the goods to his Gon to deliver. The son swore he did deliver the goods, aud the wife of the plaiutiff fixed the date. Judgment for plaintiff for full amount, and costs £2 4s Gd. SMITII v. SMITII. Claim, £15 Bs. Mr. Thorne for plaiutiff, Mr. Mackechnie for defendant. This was an action to recover damages for injury to a grey mare, caused by a boar pig. Mr. Thorne applied for an adjournment. Mr. Mackeohuie submitted whether there was a cause of action shown in the plaint; it was not stated where the alleged damage was done, on whose ground (whether that of plaintiff or defeudaut), whether the animal was mischievous, and such as he had no right to keep. Mr. Thorne undertook if the ease were adjourned to supply amended particulars. Mr. Mackechuie asked for the coats of the adjournment. It was ordered that the case be adjourned, the costs of the adjournment to be costs in the cause. POLICE COURT.—Thursday. [Before R. C. Barstovr, Esq., 1t..M.1 Drunkenness —Three persons for first offences were disposed of in thi ordinary manner. Mary Howley was punished for a fourth offence.

Vaokancy. — The same prisoner was further charged with being a rogue and a vagabond, and an idle, disorderly person. The prisoner pleaded guilty, and was sentenced to six mouths' imprisonment with hard labour.

A Stowaway.—A charge of committing a breach of the Passengers Act, by attempting to travel without a ticket from Auckland to Sydney by the ship l-.lliotts, preferred against one Elizabeth Hughes, was withdrawn upon the application of Sub-In spector Pardy, who said that some of the accused's friends had come forward and expressed their willingness to see after her. This was all the busiuess. MERCER R.M. COURT.—Wednesday. [Before T. .la-kson, Esq., E.M.J Drunkenness. —D. Russell, charged with beiug drunk, pleaded guilty, an.l was fined 10s and cos jS.—Rohurahi pleaded guilty to having assaulted James Conley, aud to having acted in such a manner as to cause a breach of the peace. Fitted '20-i, or seven days' imprisonment with hard labour. — Mary Amelia Roberts, charged with the serious, offence of being drunk in a railway-carriage, aud using abusive language to M r. Perry, the station clerk at Tuakau, pleaded guilty, and was lined 7s Gil and costs. His Worship took advantage of this case to draw attention to the very unusual danger which intoxicated people ran when travelling by railway, anil informed the station clerk that distinct powers were given to him to arrest, and hand over to the nearest Justice, any person he found in a railway carriage in an intoxicated state.

Assault with a Belt. —John Macleod, a powerful bushman from Paparata, was charged with having assaulted a weak elderly man, named A. Campbell, with his belt, to the effusion of blood. Fined £-t aud costs, or one month's imprisonment.

Maori Assault.—Te Kaio, found guilty of an assault on Kahia Km ka, was lined 2Us and costs, or 14 days' imprisonment.

Theft of £5. —John Ryan was charged byGeorge Robioson with having stolen a livepound note belonging to him. George Robinson and R. Hall, contractors in the bush for the supply of timber to the mill at Mercer, had engaged Ryan at a weekly wage about three weeks ago. Last .Saturday night the buslimen were being paid in the mill store, when a live pound note appears to have disappeared from the counter in some mysterious manner. Ryan, who had had no money previously, was found, on his coming to .Mercer in the evening, to be possessed of a live pound note, which was changed fur him by a shoemaker here, and who got 20s to himself for doing so. This sudden accession of wealth excited the suspicions of a bushman named Murphy, a mate of Ilobinson's, and mainly through iiis testimony was Kyan this day found guilty and sentenced to three months' imprisonment witli hard labour.

Assault.—Kahia Knoka was charged with having assaulted Ngahoi with a paddle to the effusion of blood. Case was dismissed.