LAW AND POLICE.

New Zealand Herald, Volume XXII, Issue 7404, 12 August 1885, Page 3

LAW AND POLICE.

BANKRUPTCY. Abjudication.—Edward Butt, of Tauranga, baker, was yesterday adjudicated a bankrupt on his own petition. His liabilities amount to £312 10». His principal creditors are : William Cummins, carter, £90; William Kelly, storekeeper, £20; Salt Bros., blacksmiths, £30 ; Colter and Petherick, sawyers, £36; Fraser and Tinne,* ironfounders, £36 and Potter and Co., Auckland, £20. The other items are made up of tradesmen's accounts, ranging from £17 to £2 7s 6d. The assets in the estate are significantly set down as " nil."

Mketino or Creditors.—A meeting of creditors in the estate of Bernard McDonald which was to have been held yesterday, at the Official Assignee's office, lapsed for want of a quorum. Wo creditors attended.

DISTRICT COURT.—Tuesday. [Before H. G. Seth Smith, Esq., Judge.]

J. Kelly v. Hisburd and Legge.— Claim, £26 for work performed. Mr. VV. J. Napier for the plaintiff, and Mr. J. P. Campbell for the defendants. This case, which was partly heard yesterday, was resumed. The examination of Charles Hibberd, artificial stone manufacturer, was resumed. George Warburton, artificial atone maker, and John King, fitter in defendants' employ, were also examined, when the luncheon adjournment wan taken. Counsel addressed the Court, and His Honor reserved his judgment.

Robert Tudeiiofe t. J. J. Austin.— This was a claim to recover £30 12s lOd, under the following particulars. The plaintiff was employed by J. Whitlock, a contractor, to do certain plumbing work on a building, and receive an order from Whitlock on the defendant for payment of £27 10j ; that amount to be deducted from Whitlock's contract price. The defendant accepted the order, and promised to pay the amount, but lie had since refused to pay it, and plaintiff now claimed the amount with interest. This case was settled before it was called on.

Thomas Kino v. Thomas Meed and Richard Fowler.—This was a claim to recover £25, damages to a horse. The particulars of demand showed that on the sth of June the defendant's servant, Wm. Law, drove a horse and spring cart in Chapel - street against defendant's horse, vhereby the horse was killed. Mr. Theo. Cooper appeared for the plaintiff, and Mr. K. Hesketh for the defendants. There were three witnesses for the plaintiff's case, and the defendant was examined for the defence. Counsel argued the evidence, and His Honor judgment for the amount claimed, holding that negligence had been proved against the defendant's servant Lane, with costs £8 2s.

POLICE COURT.—

[Before Messrs. F. L. Prime and M. Shea, J.P.'s.]

Drunkenness.—A man and a woman for first offences were mulcted in the usual penalty. Mary O'Rielly and Ann Walsh, »lias tiogan, for third offences, were fined £5 and costs, or 14 days' hard labour.

Drunkenness and Larcknv.—Thomas Fred Boggart was charged with (1) drunkenness in Wakefield-street; (2) larceny of a jack-plane, valued it ss, the property of George Pulham, on August 7 ; (3) larceny of a brace and bit, valued at 108, belonging to Fred Coombes, on July 7. The accused admitted the first charge, and not guilty to the second and third.—George Pulham, ooachbuilder, deposed that he left all his tools in Bruce's coaoh factory, Wakefield■ttreet, on Friday evening. He missed his jack-plane next morning, and identified the plane (produced) as his property.—Sydney Asher, pawnbroker, Queen-street, said the accused pledged the plane (produced) and a brace and bit about seven p.m. on Friday. —Detective Hughes deposed to arresting the accused for drunkenness on Monday. In answer to the other charges, he said he might have taken the articles, as he was drinking all last week. Frederick Coombes, apprentice, deposed that he left his tools in George Brume's, at five p.m. on Friday, and missed the brace and bit (produced) the following morning. The tool produced he identified as his property. The accused's wife was in Court, and said he was of late addicted to drink, and previously bore an irreproachable character.The Bench: Could you not get a prohibition order?— The accused : That is stale, your honour. Fined 10a and costs for the first charge, and seven days' hard labour upon each of the other, the sentences to run concurrently.

The Fracas Among the Volunteers.— The informations against William Slattery and Alexander Douglas, members of the Devonport Naval Artillery, charging them with assaulting E. Neville Reading Forder, were adjourned to Friday next, upon the application of Mr. G. S. Brassey, who appeared for the defendants.

Em bkzzlkment.—Cecil A. Caspar (clerk), on remand from August 4, was charged with embezzling the sum of £22 lis Scl, the uroperty of Richard A. Carr, on July 27.— Sergeant Pratt conducted the prosecution.— Richard Anthony Carr, broker, Fort-street, deposed that the aooused was in his employ for about four or five months, in the capacity of clerk. It was from February to August 3. Part of his duty was to receive money from customers and pay it into the Bank of Australasia immediately upon receiving it. He was in witness's employ on July 10, and on that date witness left Auckland for the South on business matters. Before leaving he paid the accused his salary for a month in advance, also a cheque for £5, for petty cash disbursements, postdated July 20. It was for any incidental expenses that might crop up. E. R. Cardno, Fort-street, was indebted to him on July 10 to the amount of £22 lis Bd, which he instructed the aceused to oollect during his absence, and pay it into his bank account as usual. He received the note (produced) from the accused, stating that he had paid the money into the bank. At that time the witness was in Wellington, and he returned to Auckland on Sunday, August 2, and on enquiring for the accused was unable to find tiim. He was not at the office all the following day, and could not find him. An information was laid, and a warrant issued for his arrest. He found him at halfpast two p.m. in the Albion Hotel, where he was arrested. On the following day he asked the accused what he had done with the account, and he said he had lost it in gambling. He had not paid the £22 lis 8d to him. He gave him £4 as balance of his wages for the month. His wages were £5 per month. He was not aware that the accused was in the habit of gambling and frequenting such places where it would be carried on. He had come out from England seeking employment, and had given him a berth in his office at £5 per month, with a prospect of an advance. He had never wanted funds, as he (witness) always advanced him what he required, and was the only friend he had had in Auckland.—Ebenezer Robert Cardno, merchant, Fort-street, said he knew the aooused as a clerk in the employ of Mr. Carr. On July 25, he was indebted to him £22 lis 81, which he paid the accused in his office with the cheque (produced) upon the National Bank of New Zealand. The accused gave the receipt (produced) for the cheque.—Henry Wallace Lawson, ledger-keeper National Bank of New Zealand, identified the cheque produced as having been presented and paid in cash to the accused on July 25.—Constable Herbert deposed that on August 3 he executed a warrant upon the accused for embezzling £22 lis Bd. He admitted receiving the amount from Mr. Cardno, failed to pay it into the bank, and spent it in gambling and billiards ; further, that he was sorry for his folly.—The evidence was then read over to the accused, who, after being cautioned in the usual manner, said he had nothing to say. Second Charge.—Cecil A. Caspar was charged with embezzling £6 is sd, the money of Richard A. Carr, on July 17 . — Richard Anthony Carr, broker, Fort-street, deposed that the acoused, in his capacity as clerk, received the sum of £6 is 5d from Samuel Carey Brown, who was indebted to him (witness) in that sum. This witness evidence was mainly corroborative of that given in the first charge.Samuel Carey Brown deposed to paying the amount by cheque to the accused. — Henry Wallace Lawson remembered the cheque beiug presented and cashed at the National Bank by the accused. —Constable Herbert was examined as to arresting the accused. ine evidence was then read over to the accused. Third Charge.—Cecil A. Caspar then pleaded guilty to stealing the sum of £1 10s 9d, the property of R. A. Carr, on June 26. The accused applied to have this charge dealt with summarily.— Bench then fully committed him to stand Din trial fit the Supreme Court upon the two first charges, and in the third sentenced him to fourteen days' hard labour. Breaking and Entering.—Robert Simpson and Frederick Ross (two lads) came ud

on remand, on the charge of breaking and entering the shop of David McPherson, Karangabape-road, on July 11, and stealing a quantity of drapery, valued at £5. Owing to Simpson's counsel, Mr. W. J. Napier, being engaged at the District Court, the case was remanded to Wednesday, on th« application of Sergeant Pratt.

OTAHUHU R.M. COURT.— Ad gust 7.

r Before Thos. JackioD, R.WL,H. Button, and J. Fair*

bum, J.P.'j.]

Purifying the Roll. — Twenty • three summonses were issued by the Returning Officer to show cause why their names should not be struck off the roll for Franklin North. Five names were struck off, and the remainder of the cases were reserved on ft point of law, till next Court-day. Stone Throwing.— John Mcllroy, a boy, was fined Is and costs, for throwing stones where the law did not allow him. This oase was brought before the Court as a lesson to the juveniles how to behave in pnblio placet, —[Own Correspondent, August 11,]