LAW AND POLICE.

New Zealand Herald, Volume XXII, Issue 7272, 10 March 1885, Page 3

LAW AND POLICE.

DISTRICT COURT.— Monday. " [Be/ore H. O. Beth Smith, Esq., Judge} COTJPLAND AND Co. V. EMA IE AMOUBA. —Mr. Dufaur appeared for the judgment creditor, and Mr. Earl for the debtor. Mr. Earl said the defendant bad only been served in Coromandel, no expenses had been ten. dered to her, and she bad not the means to come op to Auckland to attend the Court. His Honor ruled that the defendant was entitled to conduct money. Mr. Dufaur then applied for ah adjournment for a fortnight. Adjournment; granted, the question of coats to stand over. Bramb v. HiCKSON.—The claim was for £108 ss. On the application of Mr. Theo. Cooper, the case was adjourned for a month. A. D. Bennett v. Francis Walker.— This was a claim for £80 9s o£d. Mr. Cave for plaintiff, and Mr. .Napier for defendant. He applied for an adjournment for a week, as be had not instructed his solicitor until it was too late to tile a defence, and there was a good defence—in fact, a set-off equal to the amount of the claim. He had therefore to ask for an adjournment until next Court day. Mr. Cave objected to the adjournment, as it would be open for the defendant, if he had a claim, to bring a cross action. The debt had been sold to the plaintiff as a debt of £90, and he knew nothing about any set off. The debt was due to a bankrupt estate. Bis Honor refused the .'adjournment. It appeared that Mr. Napier bad not filed/an authority to appear. Enoch Riohards, late storekeeper at Matakana, a bankrupt, deposed that at the time of filing his schedule defendant owed him £90 Os Sd, which had not been satisfied. Mr. Napier, who then filed his authority to appear, took exception to the bill of particulars. A credit for £47 was shown, but no particulars were given. His Honor held that it was not necessary. He also took exoeption to several email items, Is. 3d, Is, 9d,, etc., for ' which particulars were not given. The witness was then cross-examined as to the items. He denied that the items entered as cash for small amounts were for grog supplied by bushmen at defendant's order, or that he kept a sly grog shop. He was in the habit of occasionally getting a five-gallon keg of beer down for private use, and there never was any charge in his book for beer supplied to the defendant. He never sold any. He got ten gallons of porter for him from town, aud charged him at the price it was invoiced to him for. He had not the means then to get it for himself. Mr. Cave put in the adjudication in bankruptcy, and the assignment to the plaintiff of the book debts, and the Gazette appointing Official* Assignee. Mr. Napier submitted that plaintiff must bo nonsuited, as there was no evidence given to the defendant of the assignment to the plaintiff; but His Honor said that was not necessary under the Bankruptcy Act, which made special provision, giving the Assignee power to sue. This was not an assignment under the Land Amendment Act requiring that notice should be given. He also claimed as another ground of uousuit, that the plaintiff bad not been identified as the person named in the deed. Mr. Cave replied to the nonsuit 'points, and they were overruled by the Court. Mr. Cave abandoned one item of £2, price of a watcb, which it was alleged had been returned to Mr. Richards, but Which the latter, said he only brought to town to have repaired, and did not get it back from the watchmaker. Judgment was given for £88 0s 9d, and costs, £6 Bs. Brown, Campbell, & Co. v. P. K. O'Bkikn.—There was no appearance of the defendant. Mr. Buddie appeared for the plaintiffs. The debt, £62 2a Sd, was proved by the plaintiffs' accountant, and judgment was given for the amount claimed and costs, £5 13s. Parker v. Clarke.—Mr. Theo. Cooper appeared for the judgment creditor, and said that the defendant had signed a consent to an order for £29 2s, payable within a month. An order,was made accordingly with the. alternative of one month's imprisonment, in default. : .'■■!..'♦■■ Thomas Ashton v. J. C. MaoCormiok.— Mr. Beale appeared for the judgment creditor. Defendant did not appear. The amount of the debt was £26 2s 6d., An order was made for payment of instalments of £9. a month, or, in default, one month's imprisonment. G. Gledhill v. James Fbaser.—Mr. Thome appeared for the judgment creditor. Defendant did not appear. The debt was £33 14s 9d. An order was made for payment of £2 a month, or in default oue i month's imprisonment. ■ *' ' • John Brownk v. Reade.—This was a claim to recover £40. Mr. Campbell appeared for the defendant. The plaintiff did not appear. This case had been referred to arbitration, but the award was not taken up by plaintiff, nor were the fees paid, and Mr. Campbell now asked that the plaintiff be nonsuited, or that judgment be given for the defendant. Plaintiff was nonsuited with costs, the question of coats to stand over. Grant and Cooke v. Thomas Evans.— Mr. Theo. Cooper appeared for the plaintiff, and Mr. E. Hesketh for the defence. The plaintiffs in this action sought to recover the sum of £40. They were commission agents, carrying on business in Auckland, and the defendant was a hotelkeeper, and the claim was for commission on the sale of hotel, five per cent, on £800. The defence was a general denial, and the sole question at issue was as to the employment of the plaintiffs by the defendant. After the examination of three witnesses the adjournment took place, and on resuming Mr. Cooper stated that the defendant consented to judgment for £20, and £6 costs. Given and another v. Cunningham.— This case, in which Mr. Theo. Cooper appeared for the plaintiff, and Mr. Forward for the defence, was settled by mutual arrangement. The Court then adjourned till next day. POLICE COURT.—Monday. [Before Messrs. R. W. Moody and C. D. Wkitcombe, J.P.'s.] Drunkenness.Three men pleaded guilty to first offences, and were fined in the usual amount. Nicholas Cobb, for a second offence, was fined 10s and costs, or 48 hours in default. , Without Lawfol Excuse.—James Thomson, James Gillies, and William E. Whit ear were charged with being found , without lawful excuse on • the yacht Three Sisters, in Mechanics Bay, on March 9th, Thompson and Whitear pleaded not guilty. The case against the two former was withdrawn, and Whitear admitted being found in the boat. Frank Williams, fish dealer, and Sergeant McMahoc were examined. In defence, Thompson and Gillies stated that they had sought shelter for a couple of hours from the rain. Whitear said he had arranged to go and rent the yacht for the oyster season. The Bench discharged Thompson and Gillies, with a caution, and sentenced Whitear to seven days hard labour, as he had been previously convicted. The Jißsx.vi.T on the Annie Eliza.— James Smith (on. remand from March 5) was charged with violently assaulting George Patrick Dowers on March 5. There was a second charge, of being found without lawful excuse on board the cutter Annie Eliza. Sergeant Pratt applied for a further remand to Thursday, as Dr. Bond had stated that the matter of the vessel was still unable to leave the Hospital. Remanded to Thursday, J^fchinst. Larceny of CroTHiNO.— Edward Stewart, alias Mcßrierty (on remand from March 4) wa3 charged with stealing a duet coat, valued at 10a, the property of W. N. Henderson, Mount Eden, on February 28. The accused pleaded not guilty, W. JN. Henderson, commission agent, Mount . Eden-road, remembered a man like the accused tending a subscription list to him. The accused followed him into the lobby, and said he had received money from one of the neighbours. He missed his silk dust coat (produced), containing a number of papers, next morning, and reported his loss to the police. Constable Dews deposed to arresting the accused in Newton-road, wearing' the coat at the time. It had Mr. Henderson's name on it. In defence, the accused said ho had been recently discharged from the Hospital. He had slept on a gravestone in the cemetery, and awoke with the coat alongside him. "It was his brother's grave." Second Charge .—Charles Edward Stewart was further charged with the larceny of a serge coat and vest, valued at 40s, the property of Frank Foley, on February 27. The aeouaed pleaded not guilty. Frank Foley, residing at . the City Hotel on February 27, said the accused had slept in the same room with him that night. He awoke the follow;' ing morning at five, the accused was gone, and his coat and vest were also away. , His cheque book and papers were in the coat. He valued the articles (produced) atabout4os. Charles Whittens, dealer, Wellesley-etreet, said he purchased the coat and vest on February 28 from the accused, who said he

had come from the Waikato. In defence the accnsed said he bad been drinking heavily recently, and knew nothing of the charge. The Bench, in sentencing the accused, said there were seven previous convictions against him aince 1880. sentenced to six months hard labour on the second charge. Failing to Support Children.—John Hall was charged with failing to contribute to the support of his children at the Industrial School, and with being £27 in arrears. Adjourned to Thursday. OTAHQHU R.M. COURT.— Friday. [Before Captain Jackson, B.H.,and Justices.] Police Offences Act.-—John MoCrory was charged with disturbing the police in the execution of their duty, on February 24. Mr. Napier appeared for the defence, and pleaded not guilty. A large amount of evidence was taken, but the Bench held it was insufficient to support a conviction, and the case was dismissed. Obstructing the Poliob.—John Kyle was charged with obstructing the police. The circumstances were somewhat similar to the last case. Mr. Napier appeared in defence. It appeared there was a row in Ota* hnhu on Saturday night (February 14). a man was being arrested for disorderly conduct, and a crowd of young men gathered aronnd the police. The defendant was one of the crowd. A man came to the constable's assistance, and he was handled very roughly by the defendant. Mr. Napier addressed the Court for the defence, and the Bench, after deliberation, imposed the mitigated penalty of 10b, hoping the conviction would act as a warning to the defendant in future to avoid molesting the polsce while in the execution of their duty. A settler waa charged with a breach of the Police Offences Act. Mr. Napier appeared for accused, and, after evidence waa taken, a fins of 40a and coats was imposed.