LAW AND POLICE.

New Zealand Herald, Volume XX, Issue 6823, 29 September 1883, Page 7

LAW AND POLICE.

COURT.— Judge's Chambers. ■ - '^ v Friday, Seftesiber 28. <* [Before Sir. Justice Gillies.] Sis Honor sot in. Chambers to-day, and .disposed of the following applications :- PormATE — Probate was granted, on the ■ Jtfor of' Mr. Jackson of the will of h U3 *?*£' cH John London.•Mf tX- tolca ? to file a defence sir. »j»« . erao tea. the necessary in th,s «"«•-£££ g Cause to be set down security to be given. , George moved ~ Au iilhtnrbe adjudicated a bankrupt. j t b l\ th w lfa storekeeoer in Hamilton, and 'PKi fof San Francisco withhafi,frinS D y notice to-his- cr,Hitow.-The ?. u Swere set down at £1600, and the £I«Sapproximately. It further ap- j 33 d flwt the debtor left his wife and Sur children at Hamilton unprovided for.- | FTfs Honor made the order of adjudication, debtor to surrender by Tuesday, the 2nd of , lL.sk. and Sales of Settled Estates Act 1863. —M r - Keetley moved for an order -to assign a lease re land settled by Thomas Wells Harsh.—His Honor was of opinion that this land did not come within the meanJne of the Leases and Setliled Estates Act, ISG5.—The provisions of the Act applied only' to estates with a limited succession. This was a trust of a fee simple without any limitation as to succession.—No order msde. Re Alexander Meldrum (Lunatic). — Mr.'C ?• Buddie moved for an order cou-'-firraiag fcile re P orfc °* tne Registrar—Order Imade in terms of application. Cooper v.' Coleman and Others —Mr, Theo. Cooper moved for a snmmons directing ■the Sheriff not to summon a jury (sfeeial). — Ordered that jnry be not summoned until further order of the Court. POLICE COURT.—Friday. [Before H. G. Seth Smith, Esq.. R.M.] DbCNKHN.n'ESS. —One man was punished for this offence. Disobedient Seaman. — Carle Auguste Petersen was charged with continued dis obedience to lawful commands on board the ship Grasmere, also with absenting himselr ' without leave from the ship. He pleaded not guilty. Captain Crawford gave evidence as to the disobedience, and to the fact that he absented aimself without leave. Whin he returned he refused duty, and said he -would do no work till he had his rights. ' Witness produced the ship's artichs. Defendant said he shipped as carpenter, and would do his work as sneh. The captain 3aid they were short handed, and the prisoner refused to trim the ballast. He was sentenced to fourteen days' imprisonment, and to pay the coats. Larceny.—Thomas James N< rth was charged with stealing four books, the property of J. C MacCoimick, on the 9th of M&rch, Mr. Keetley appeared for the defence, and said this was oue of the charges which had already been before the Court twice, and dismissed, and he had an engagement at the Supreme Court. The prose- : cutor was not present, and lip asked to have the case dismissed. His Worship pointed out that the summons was made out for •eleven o'clock. The prosecutor was not present, and was, in fact, in custody on another charge.. . The case was put back until two o'clock. After the adjournment, Sir. JJOcCtirmick was lii attendance, and Mr. Keetley asked that the case should be dismissed. The defendant was committed for trial, and had to surrender to his bail at the Supreme Court on Monday, and Mr. MacCoimick was aware of this fact when he laid this information. The Bench did not consider reason was shown for dismissing the information, aud Mr. Keetley then asked for an adjournment for a week, in order to clear the criminal session. The case was adjourned until Friday next. Malicious Injury to Pkopei-ty.—Henry Trace and John Phillips again appeared on the charge of maliciously injuring a house at Waiheke, the property of Robert McLeod, on the 26th of July. Mr. E. Cooper appeared for the prosecution, and Mr. James Ru-sell for the defence. The case for the prosecution had been partly heard last week. Mr. Cooper now called a Maori named Pieri (Billy). Mr. G. Brown was sworn interpreter to take down the depositions, and Mr. De Thierry interpreted. The witness deposed that he knew the hoase tho subject of the action, which was occupied by Mr. Cassrels up to the time of his death. Witness never had charge of it. On the morning of tbe 26th of July he saw Trace at the house, knocking down the chimney. He was alone on that occasion, and witness did not speak to him. Witness came to town next day, and on his return five days afterwards to Waiheke he saw Trace again breaking the inside portion of the house, Mr. Russell asked whether this could be evidence, as it was considerably after the date alleged in the information, hut His Worship held that it might be received as evidence of intent. Mr. Cooper stid it was a continuous act up to the time the breaking of the house Tras completed. The witness continued : He saw Mr. Phillips standing by on the second occasion when Trase was breaking the inside of the house. The timber was taken over to the manganese •mine by Trace, but he did not see Phillips ) ' remove any of it. Witness on one occasion told Trace he would tell Mr. MoLeod what was being done to the house, and Trace replied that it was GovernmeLr. land on whioh the house stood Cross-examined: Witness built the honse | himself, and was paid by a man named Hay, who was ••hen employed by Mr. Stovin, the manager of the manganese works. Hay • lived in the house, and when he left it Moyle lived in it. He also was working the manganese mine. Cassrels subse- j quently lived in it, but he did not recollect whether or not Hay lived in it a second time. After Cassrels' death nobody lived in the house. The house had not been removed from the time witness built it It was re-built on the spot where it first stood. The witness corrected himself, and said it was re erected a second time a distance of about the width of the Court-room from where it first stood. It was witness who rebuilt it. It was Mr. Hay who told him to remove it. On the first occasion he was paid by Stovin and on the second by Hay. He understood from - Mr. Hay that they were driven off by a Mr. Collingwood, who lived for some time at ; Waiheke, living on the land now owned by i Mr. McLeod. Witness did not know J whether Mr. Collingwood then owned the land, but he understood at the time that the house was removed off Collingwood's land, taken cox the dividing line towards tbe creek. Mrs. Cassrels was a native " womau, but she did not continue to live in the house after her husband's! death. She went ever to witness's place, but left her things in the housa. Mareraha and Mere, n two Maori women, gave corroborative evi- \ dence as to the removal of the house. Neither saw Mr. Phillips take any active part in destroying the house. Mr. McLeod •was also recalled, and this closed the evidence for the prosecution. The case for the ' defence was then opened, but had not concluded when the Court rose.