LAW AND POLICE.

New Zealand Herald, Volume XX, Issue 6882, 7 December 1883, Page 3

LAW AND POLICE.

BANKRUPTCY. Rk Joseph Motion.—A meeting of creditors was annom.i-i.-d to h■• LuU yesterday in this estate, but :\f- met-.tiii-.; v.-as ailj'iurneri to this day (Fii'tuy), a suincitut number of creditors not buiug in attendance. The liabilities Were set down at £500, and assets £100. EM. CODRT.— Thdksdat. [Before E. G. Seth Smith. Esq., R.M.] The weekly sitting of the Court to hear and determine small debt claims was held this morning, and the following cases disposed of: — Undefended—Judgment fob Plaintiff. —Jno. Leek v. J. G. Beny, £1G 10s, costs £2 Ss ; the same v. M. G. Neil], £6 12s -Id, costs £2 2s ; Cavill and Bestford v. J. McOord, £15, costs £2 10i. Judgment Debts.—Thos. Hedgerv.Patrick Smith, £1 7s 6d. The defendant did not appear, and was ordered to pay debt and costs by 2s 6d a week, or in default three days' imprisonment. W. H. McConnell v. J. Dempsey, £33. The defendant did not appear, and was ordered to pay the debt aDd custs within a month, or in default 21 days' imprisonment. Lewis Moses v. J. J. Farrell, £G 10s 6d : Defendant appeared. He was in work at £2 2s a week, but had a wife and three children to maintain. Ordered to pay 4s a week, or seven days' imprisonment. Close Bros. v. Clarence Young, £3 2s 7d. The defendant did not appear, and was ordered to pay the debt and costs within a month, or five days' imprisonment. Robert Soott v. James CharltOD, £3 : The defendant did not appear, and was ordered to pay the debt and costs within two months, or five days' impris-onment. John Culhane v. John Parker, £12 3s : The defendant was examined, and said he had no means. Summons withdrawn. Adjourned.—Newton v. Hart, £1 12s 3d; J. King v. W. H. Watt, £5 Ss Gd ; Dixon v. Graham, £14 5s 2d; D. A. Tole v.W.Foughey, J. Gwynneth v. E. T. Brissenden, £41 10s ; J. Rae v. C. R. Skelly, £10; F. Williams v. Jacob Enkoff, £4 4s.

Randerson v. Gallagher.—Mr. Beale for the plaintiff, Mr. George for the defendant. This was an action for land agent'a commission. The defendant is a property owner at Mount Albert, who applied to plaintiff to find him a tenant. The plaintiff found a lessee in a person named Turnbull, who paid a deposit. The defendant, however, wrote to the plaintiff that he had "changed his mind," and he did not intend "to lease his property." The defence was that the real reason for the defendant's conduct was that Mr. Turnbull was not a suitable tenant. His Worship thought the terms of the letter could not be changed to any meaning except that which the words of it actnally conveyed—that he did not intend to let his property ogain. Judgment for plaintiff. Ushaw v. Friar?.—Mr. Cotter for the plaintiff; Mr. Tole for the defendant. This was an action to recover money lent to the defendant. The plaintilTis a widosv, formerly of Whangaroa, now of Auckland. Thv. money was lent in various sums and at various times, viz., in ISS2, £7, £1 10s, £2, 10s, sd, 2a Gd; ISS3, £2, £1, and other email sums. The plaintiff admitted that she received one payment of £5 from defendant. The Court adjourned for luncheon before the evidence of the plaintiff was concluded. When the Court resumed she was called, but she did not respond. Mr. Tole asked for judgment for the defendant. Mr. Cotter said the plaintiff might have mistaken the time for the re-assembling of the Court. He agreed to send for the plaintiff and consent to judgment in default if she did not appear. She returned after some time and said that certain monies were lent to the defendant as he had promised to marry her. The defendant denied the statements above deposed to by the plaiutiff.—Judgment for plaintiff for 225, without costs. Potteb v. Maktis-.—Claim £S. Mr. Browning and Mr. Cotter for the plaintiff ; Mr. Cooper and Mr. Keetley for the defendant. This was an action to recover the above amount, the value of a cow which the plaintiff alleged thedefendant had converted to his use. The plaintiff is a farmer in the Mount Albert district; the defendant is a cattle dealer residing in the same district. The facts were the following : —The plaintiff on the 29th of September was in possession of a cow which the defendant, without any warning to the plaintiff, seized. The defence was that this cow was included in a bill of sale or mortgage of stock given by one Davis to the defendant as a security for the payment of money. Davis made default of payment according to the covenant of the bill of sale, and the defendant seized under the bill of sale. The contention in the case related to priority of right. The plaintiff deposed to buying the animal which was the subject of the action from one John E. Davis, who had since become bankrupt. The defendant deposed to the fact of his holding a bill of sale over certain stook belonging to Davis, this particular animal being specifically mentioned by name, and described according to brand and colour. The defendant said that, under the arrangement, Davis was to have his consent before selling any of the cattle. Defendant never gave his consent to the sale of this particular cow to the plaintiff. Judgment reserved.

POLICE COURT.— Thursday. (Before Messrs. F. L. Prime and W. J. Hurst, J.P.'s). Drunkenness.—Two persons were punished for this offence. Agnes Ann Jesser, for a third offence, was fined £5, or, in default, 14 days' imprisonment. Threatening Language.—Victor Collins, on remand, was charged with using threatening language towards Louise Cambray, at Wellington. Sergeant White said that intelligence had been received from Wellington that the prosecntrix had left the colony, and the police at Wellington requested that the case might be withdrawn. Case atruckout. Damaging Property and Titreatemn'o Lancctage.—.William Turner was charged with wilfully and maliciously damaging a door, the property of Alexander Lynch. He was also charged with threatening to drive something through him. Defendant pleaded not guilty, and eaid it was his own property. The prosecutor deposed that accused came to his house in. Abercrombie-street between nine and ten o'clock. Witness was in an adjoining house, and was called by a boy who. told him a man was breaking in his door. He went out, and saw the accused by the door, and when he accosted him prisoner said he bad a better right to the house than prosecutor had, and told him if he interfered he would drive something through him. Witness afterwards found that the hasp and staple had been torn away. Witness had been in possession of fjne house si ace last Saturday week, and paid the rent. Cross-examined: He swore positively the accused had a drawn knife in his hand when he threatened him. Michael Burke deposed that Lynch was a tenant of his. Prisoner had not been living in that house for some time. While he lived there Teresa Hands paid the rent, and Lynch had paid it since. In answer to the Bench, he denied that he let the house for a brothel. He understood that Lynch was ketping Teresa Hands, by whom he had three children, one of whom was still alive. For the defence, Teresa Hands, alias Benjamin, was called. She had known prisoner since July. He had been cohabiting with her, and paid the rent during that time. In reply to Sergeant White, she said she knew Lynch. He was a loafer, and was not now living with her. She was responsible for the rent, but Lynch had taken possession in spite of her. He wanted to live on her prostitution, but she would not allow him. Detective bughes gave evidence. He knew the house as a brothel. Prisoner had been cohabiting with the last witness, but when Lynch came to town with a few pounds prisoner was turned out and Lynch taken in. The house waa a fearful place for rows and drinking, and one of the lowest brothels in the town. The cases were dismissed.

Careless Driving. — Walter Townsend ■was charged with driving at other than a walking pace round the corner of Queen and Fort Streets. He pleaded guilty, and was fined 5a and costs. John Lambert, who was similarly charged, did not appear, and the case having been proved by Constable Mackay, a fine of 5a and costs was imposed. Unlighted Hoarding.—James J. Holland was charged with failing to maintain a light on a hoarding erected by him in AlbertBtreet. He said he did not know the light was out. He paid a man to light the lamps, and look after them. Constable Rowles deposed that the light was out at half-past nine, and there was no light there from that time up to five o'clock in the morning. There wae a lamp on the hoarding, and the night waa calm. The cutting, which was a 15 feet hole, was fenced. It was a drain acrosß the streot, A fine of 203 and coats was imposed.

Provoking Language.—Samuel Pyle vaa charged with nsing provoking and threatening language towards Alice McGrath. Mr. Uapier appeared for the prosecution. Defendant pleaded not guilty. The proaecutrix deposed that her husband, Roger McGrath, was a seafaring man. They lived in Brnne-wick-street, and defendant lived on the opposite side of the street. On the night o£ the sth of November he came to the end of her house, and used the most filthy language towards herself and her daughters, and threatened to shoot her. She did not speak to him, nor give him the slightest provocation. She denied that she had circulated reports about him cr his wife, or that she had said she would do her best to get him in gaol. Lucy Donnell, wife oE William Donnell, and daughter of the prosecutrix, gave corroborative evidence. Jane Napman, a neighbour of Mr. Pyles, gave evidence as to the language used, but said that when he spoke of shooting them if they l put their nutcrackers rouud the corner, be was ouly ••funning." Accused was a veryquiet man when he was sober, but very abusive when he ' was drunk. Amelia Wickle, another neighbour, also gave corroborative evidense, declining, however, to repeat the words used. James Wickle and John James Napman also gave evidence. The defendant's wife g»ve evidence to the effect that she was there the .whole time, and no conversation took place* between her hnsband and Mrs. McGrath on the night in question. He was at the door playing with. the children, letting off crackers. Alice Pye, defendant's daughter, also gave evidence. She heard her father say to lire. McGrath that if she put her head round the corner he would shoot her with his popgun. He only spoke in fun, and this was all he said to her. He used no improper expressions. Mrs. Gerty, a neighbour, also gave similar evidence. The Bench held that the whole affair was a neighbours* quarrel, and dismisstd the case, each party to pay their own costs. [Before Jlr. D. B. McDonald, J P.] Assault on a Womanf.—Peter Harper was charged with assaulting Alice Rogers by stabbing her on the shoulder with a knife, with intent to do her grievous bodily harm, on the 30th ultimo. Mrs. Rogers' evidence was to the effect that while sitting in her house in Customhouse-street, about ten o'clock, Peter Harper came to the house by the back -door. His boots were off, and he had a pocket-knife open in his hand. He walked across to where she eat, and said, "You b—, I will do for you." He made three attempts to stab her, and one of the blows caught her shoulder, causing a slight wound. Mary Ann Bourgen, Benjamin Stevens, and William Bourgen gave corroborative evidence, and Constable Ward, who arrested the prisoner after receiving information from the witnesses Bourgea and Stevens. When charged, the accused made no statement. Dr. Tenuent was examined as to the nature of the wound. The evidence was read over to the accused, who made no defence, and he was committed to take his trial at the next criminal sittings of the Snpreme Court.