LAW AND POLICE.

New Zealand Herald, Volume XXII, Issue 7328, 14 May 1885, Page 3

LAW AND POLICE.

BANKRUPTCY*— Meeting 0* Cbmhtohs. Isaac RaileY. — A meeting of the creditors in this estate was held yesterday at the Official Assignee's office. Mr. Devore appeared /or Mr. L. A. Levy, one of the creditors. * A disoussion took place as to whether or not the debtor should be allowed to retain his furniture, which was valued at £50. Mr. Devore opposed this*. -It appeared that at a previous meeting a' similar motion had been carried. At that time there was to have been a dividend of 13s 3d, but since then further creditors having proved, it was reduced to 6s Id, and the question was whether Under tie altered circumstances they should hand him over the whole of his furniture.— On the motion of Mr. Arkell, seconded by Mr. Cochrane, amotion was carried, "That notwithstanding the altered circumstances since the passing of the resolution at last meeting, the debtor be allowed to retain his furniture on his getting the majority of the creditors to confirm it."—Mr. Devore intimated that he did not think it was in the power of a majority to vote away any man's dividend, and he would write a notice to the Official Assignee holding him personally responsible for the estate. . Jacob Chamberlain Bcblkioh. —An adjourned meetiDg in this estate was held yesterday at the Official Assignee's office. There was some discussion as to the debtor's statement, and the representation he had made. It was agreed, on the motion of Mr. Morris, seconded by Mr. Jones, ''That, although some censure is due to the debtor for concealing his true position from Ms creditors, so long as this meeting is satisfied that he did not do so with any direct intention to mislead, being sanguine that he would be able to pull 7 through, and consequently it does not wish to press the matter - against him, provided he furnishes to the Official Assignee within a fortnight a full statement of his receipts and expenditure during the time he was in business." The Official Assignee pointed out to the meeting the. utter improbability of any assets being available, and the meeting then terminated. John Masters.—A meeting of creditors in this estate, which was to have been held yesterday, lapsed for want of attendance, and stands adjourned until two o'clock to-day. Debtor's Examination. ' Patbicx Keen O'Brien, Farmer.— debtor, in his examination before the Official Assignee yesterday, stated:—Up to three years ago I was farming in the. Nelson province. About that time I came to Auckland city with £670 and clear of debt, with the intention of taking a .public house. In about nine months I picked upon a combined hotel and farm at Rangiriri, in the Waikato. The price for the hotel and 247 acres of land, furniture, and some little stock, was £1000, against which there was a mortgage of £600. I cleared off the mortgage and purchase money by borrowing £400. I stocked the place with the balance (£9O) of my capital. I did not farm or use the land beyond letting it tor grazing purposes. I did very well the first year. After that business fell off very much, chiefly through the Maoris clearing out of the district, and matters have been going from bad to worse ever since; and conseJuently I have been unable to meet my bills, wrote to several of my creditors who were pressing asking for time, but as they declined I had no alternative, and sought the protection of bankruptcy. My unsecured liabilities amount to £230 5s Bd, £216 of which is due to merchants and trade accounts. I value the hotel and farm at £1000, on which there is Still a mortgage of £1000, besides about £20 for interest. My furniture is worth £100, over which there is an account for £60 ; stock-in-trade, £10; sundry live stock, and spring trap, harness, &c, £87. In this way I show a considerable surplus.' Ido not think it will realise my estimate ; but, at any rate, there is a large margin, and the prospect of paying my creditors 20s in the £. Six months ago I refused £900 for the hotel and farm. . I gave a good deal of credit, and much money is now owing to me, which I have not entered in my schedule, because I am aware it is not recoverable by law. I kept no books, but merely memoranda, which I will produce. I have disclosed every asset I possess. —13th day of May, 1885.

DISTRICT Wednesday. [Before His Honor District Seth Smith, and a Jury.] Baker v. McCrae.—Claim £20, value of a horse gored by a bull. Mr. Cotter (instructed by Hesketh and Richmond) for plaintiff, Mr. Theo. Cooper for defendant. The evidence was taken on the previous day. Counsel addressed the jury, and His Honor summed up. The following questions were submitted to the jury for determination Was the bull a vicious or dangerous animal ? If bo did the defendant know it ? What was the value of the mare ? The jury answered the first two questions in the negative, and determined the value of the mare to be 1 20. Mr. Cotter said be would move at the next sitting of the Court that the verdiot should be entered for the plaintiff on the ground that as the bull was a trespasser at the time of the occurrence, it was not necessary for the plaintiff to prove that the defendant knew that the bull was dangerous. ■ Hobgan v. Hughes.Alleged Illegal i Arrest.- I Claim, £50, damages for alleged illegal arrest. Mr. Lusk (instructed by Burton and Napier) appeared for the plaintiff, and Mr. Cotter for defendant. Plaintiff was a hotelkeeper, and defendant a police detective. Thomas Horgan deposed : On the 21st February last I saw defendant in ' the restaurant next to the British Hotel. The restaurant was kept by one Qnoi. Between eight and nine in the evening went to have supper at the restaurannt. Defendant came in as we were sitting down. I was in company with Michael Sweeney. I called for pork sausages and mashed potatoes. Mr. Quoi brought the sausages. I cut one of the sausages, and tasted it, and said they were reheated, and I would not have them. He said, "No, they were quite fresh." I said "N0,." , and he offered to' bet me £1, I said, "Put your money down," and he did so. ■ I said, " Who will decide the wager ?" He said, " I will leave it to this man," pointing to a man named Erwin. Erwin tasted the sausages, and said they were reheated ; he would not have them either. I thereupon picked up the money, and put it in my pocket. Quoi said, " You don't leave the house with the money; I want my money batik." I said, "I have won the- money, and I will have the money." I stood up to go out, and he caught ' hold of me with both hands. I wrenched myself from him, and he called for Detective Hughes, who said he would have nothing to do . with the matter. .' I said, "If . you have, . got , a charge you may summons me." Quoi then cried out "Police,", and still .had hold of me. Detective Hughes asked me my name, which I told him. He wrote it down, and gave it to the Chinaman. I was going out of the passage, when Quoi again seized me. I shoved-him from me again, and he fell over some flower pots behind him. Then Detective Hughes came and said, '.'Come with me; it will be all right." He took me by the arm. I went with him to the -room. It was a Saturday night, and the streets were crowded. Sergeant Gamble and Constable McConnell were there. Detective Hughes walked off. Sergeant Pratt and Quoi came in. In the guardroom, Sergeant Pratt said if I did not give up the pound I would be locked up. I was kept in the guard-room halfan-hour. No charge was made against me. ' I was not brought before a magistrate. The constable then said there was no oharge against me—l could go. I had previously given up the £1, because the constable said if I did not give it up I would be locked up. I claim damages because of illegal arrest, and because of injury to my character by the publicity of the arrest, being taken through . the streets by a detective.. J did not strike Quoi. He struok me in the face. — Cross-examined: Erwin did not beckon to me, and say " That's ten .'bob ' for me." Did not ike or kick Quoi.' I am in partnership with George Dennes, licensee of the Queen's Head Hotel. Michael Sweeney, James Erwiu, and Constable McConnell gave evidence. Constable McConnell said no charge was made against plaintiff in the watch-house. On his giving -up the £1, Horgan was allowed to go. Mr. Cotter submitted that, there was no case to ,go to the jury; that on the evening in question there was a row and a breach of the , peace. .;- Detective Hughes i was therefore , justified in arresting plaintiff. His Honor ■ Mid, the question was: Does plaintiffs evidence disclose good cause for Detective Hughes to suspect that plaintiff had committed or was about to commit, a breach of the peace Mr. Cotter contended that the arrest in . this case was legal, and quoted several authorities in support of his contention.' Mr. Lusk thought Mr. Cotter's view* of the liberty of the British subject were defective, and contended that no' breach

I of the peace had been committed, and there, 'ore the detective illegally arretted an inno I cent man. Mr. Cotter replied. Htt Honor ; Mid he thought there was no case to bo to the jury. It was. clear from the evidenfte - that the detective was justified in interfering. Plaintiff was nonsuited withjucatj. £6 Bs. ' ■ ' .'■ •■ 1 "' " Wjf£ POLICE * . [Before Messrs. W. 6 Daldy and was. ikaoai, ; ,;•.'; ;■;.: .r.P.'s.) . - : ; -/,'■,;•■ ,\ y . Drunkenkess.—One man was fined in tilt usual amount for this offence. Charles Penn* for being drunk and disorderly in Queen* street, was fined 20n and costs, or seven days hard labour. Drunk in the Police CotmT,--8«B»ttel Nevell, seaman (on remand from Tuesday)* was charged with being drunk on Monday, also with a breach of the Foreign Seamen's Act by deserting th a American barque Bartholomew Gosnold. the accused admitted the first charge. James H. Hammond, master, deposed that the accused left the ship (American whaler Bartholomew Goonold) on Sunday, and was on the Articles (pro. duced). The accused applied for an adjourn* ment to procure the services of a soliditOrY In answer to the Bench, Sergeant Pratt explained the accused had been under' arrest since Monday evening. The Bench said he had ample time to have got legal assistance, and sentenced him to fourteen days' hard labour, and to be sent aboard, the vessel in the meantime should the captain make application. : 1 ;. . i J Labcent off a. Watch and Chain. Gordon Forbes, alias- George Giles, alias "Melbourne," was Charged with steal, ing a silver watch, chain, mid ©bin, valued at £7, the property of William Long, on May 7th. Sergeant Pratt conducted the case, which was ah indictable one. Wm. Long, atdremah to Mr. A. Heather, deposed that he left the star* at five p.m. on Thuniday, when had his wittch and chain. He called at the. Cosmopolitan • Hotel, where he had two or three drinks, and was under the influence of it. Re mined the watch between ten and eleven o'clock, * just after leaving the hotel. He identified the. watch and chain (produced) as his property. William Pushell, night porter, Auckland Hotel, deposed that he came from FijLwitk.: accused about two months ago. He saw him in the Auckland Hotel on Saturday When he : produced a watch and chain, which he purchased from him or 10s. He also offer toll hi ■ chain, but witness would not buy itt The accused said he won it in a raffle, and identified it (produced) -by being marked ''ft'jyal Exchange, London, " on the face. '* There was no one present when he purchased the watch, ' but the waiter Was there when he paid him for it. John Doyle,, employed in the Throe Sisters (oyster boat, said he saw the accused ; between ten and eleven p.m. - on board the Tairua. He showed a watch amongst them, and witness had a look at it. Two days after he Said he had got it off some fellow. He identified thd watch (produced). Accused Said it would bring a pound. Witness got the chain froth -* the accused in the Auckland Hotel, and on going down street handed it over to a mats, who pawned it for 3s 6d. To accused :He had shared some of the Ss M. William Flower, labourer, said the last withes* met him in Queen-street with the chain, asked him if it was silver, smd at his request pawned it for 3s 6d. He identified the chain (produced). Bernard Levy, pawnbroker, Victoria- * street, deposed that the last witness pledged > the chain for 3s 6d on Monday evening. He handed it over :to him. Constable Mackay deposed to arresting the accused on the' fishing boat on Tueiiday. The evidenoe was ■ then read over to the accused, who, after being cautioned in the usual maimer, said he reserved his defence, and was committed to stand his trial at the Criminal Sessions of the , Supreme Court in July next. ' False Pretences,—Amy Moreton, . alias Amy Bock (who appeared to feel her position keenly) was charged with obtaining £1 and 12s in tickets from the Rev. Lloyd Seating i by false pretences on May 4. Sergeant Pratt applied for a remand to Thursdays as the arrest had only been made the previous evening, and a witness was required; The Rev. Lloyd Keating, who was in COUrfc, was ' permitted to make a statement, and said he had only brought the case As a warning to such persons as the accused. He had no desire to press it, and would withdraw th« charge. Sergeant Piratt said it was necessary there should be an investigation, into the! ' matter, which was an indictable offence, but it could be brought under the Vagrant Act if the remand were granted. Remanded to Thursday, and bail granted, the accused in her own recognisances of £10, and oho surety of £10.

OTAHUHU POLICE CODST^*.

Tuesday, May 12. [Before Meisr*. G. Tisdall, John Gordon, 8. trite, and John Failrbnrn. J.P.'t.] *... Drunkenness.—Jeremiah McCarthy was charged by Constable Walker with being drank in a public place on the Bth of May, and also on the 9l;h May. Evidence was Heard on behalf of (she.defendant as to hi* state on the 9th, and the Bench gave him the benefit of the doubt, and dismissed the charge. The charge for the Bth was jstisi tained, and the defendant was fined 20Yahd 7s costs, or four days' imprisonment. He was" also ordered to pay the sum of 2s, which he had refused to pay under a former 'fine. William McGregor was charged by the constable with being.drank on Sunday, ~the 10th inst.: fined 10s, and 7s costs.. John Cady wasals* similarly charged, and. fined 10s and 7s costs, or 48 hours.—{.Own Correspondent, May 13.]