LAW AND POLICE.

New Zealand Herald, Volume XXIV, Issue 7923, 15 April 1887, Page 3

LAW AND POLICE.

SUPREME COURT.—Civil Sittings. Thursday. [before His Honor Mr. Justice Ward.] Wm. Stevenson and Another v. John Rbid Brown and Others. — This was an action brought to have a certain conveyance of land, Hillsbro' estate, Mount Roskill, declared to be subject to certain trusts. Mr. Theo. Cooper appeared for the plaintiffs, and Mr. Alexander for the defence. The case had already been before the Court, and briefly stated was as follows Mr. James Carlton Hill, senior, before his death made a will containing an instruction that the estate was to be cut up, and certain areas reserved for a public square, and for churches for various denominations. John Reid Brown, one of the executors, took out probate of the will, but he subsequently disposed of the whole property by auction to Thomas, one of the defendants, for £300. Thomas was son-in-law of the testator, and he mortgaged the estate to Mr. Osmond, who was joined in the defence. The plaintiffs in the. action were persons who had bought portions of the estate, and are members of the Mount Roskill Highway Board, and they now claimed on behalf of themselves and others similarly situated with themselves as purchasers of sections of the property that the conveyance to Thomas and the mortgage to Osmcnd should be declared subject to the condition of the trusts contained in the will of the testator. The whole of the evidence in the case had been taken when the action was previously before the Court, but the legal arguments were allowed to stand over, at the request of counsel on both sides, until to-day. The arguments were principally on the construction to be put on the words of the will, and on the notice given to Mr. Osmond, the mortgagee. After hearing the arguments of counsel, His Honor gave judgment for plaintiffs on the highest scale, and ordered that the trust properties, about 8 acres in all, should be conveyed to an officer appointed by the Court, that officer being the public trustee. R.M. —Thursday. [Before H. G. Seth Smith, Esq., R.M.] Judgments for Plaintiffs Sperry v. Vagey, claim £4 4«, costs £1 ; same v. Henderson, claim £10 10s lid, costs £1 ; White v. Macky, claim*£7 19s, costs £1 16s; Jones v, Walker, claim £3 15s 7d, costs 12s ; Lowe v. Webb, claim £15, for damage to a fence and property, judgment for £5 and costs, £2 4s; flardie v. JNichol, claim £8 10s, costs £1 17s; Slator v. Smith, claim £1 10«, costs £1 2a 6d ; City Council v. Martin, claim £5, coats 6s; Official Assignee v. Lockhart, claim £5, coats £1 7» 6d; North New Zealand Woollen Co. v. Miller, claim £1 10s, for calls due, costs £1 3s 6d ; Booth v. H. Williams, claim £1 4s 3d, costs 14s; Richardson v. J. Williams, claim £5 2s 2d, casts £1 168; Woollen Co. v. Reudall, claim £5 03 Bd, costs £1 16s; Abbot v. McQuay End another, claim £25, on a prom.saory note, costs £5 6a; Walters v. Berry, claim £2 10s, costs 12s. Smith v. Finlayson.—Claim, £5 ss, for a saddle. Mr. Mahoney for plaintiff, and S. Hesketh for defendant. John B. Smith, livery-stable keeper at Mount Eden, deposed that in January last he left a saddle and fittings in Fiulayaon's livery stables at the Market. It was stolen from there, and defendant informed the police. About a month after witness saw Finlayson and claimed damages for the loss of the saddle, but he refused to give anything, and said he would try and find it. He offered another saddle in lieu of the lost saddle, but he refused to pay for it, even though plaintiff offered to return the money if the saddle was found again in fair condition. Ernest Smith, son or plaintiff, was alio examined for the prosecution. Finlayson and his son were examined for the defence. His Worship said there appeared to have been negligence on the part of the defendant, and gave judgment for the plaintiff .- £5 ss, and costs £2 10s. Napier v. Williams. —Claim, £1 Is, for costs. Fred. Hammond, clerk in the employ of Napier and Shera, deposed to forwarding a registered letter for a bill of costs to defendant. Mr. Napier deposed to defendant consulting him professionally. He had charged a guinea, but defendant had not paid it. The defendant also gave evidence, admitting that he had agreed to pay the money, but Mr. Napier had not fulfilled his part of the bargain, as he 'had not written a letter as he had promised. Defendant caused .some amusement among the lawyers by quoting some cases in his defence. Judge Smith smiled, and remarked that the cases mentioned had been decided in the days of legal darkness. He would have to give judgment for plaintiff for the amount claimed. W. Kelly v. J. S. Buck land.—Claim £51 15s 6d for a bnggy and harness and some horses. Mr. Gover appeared for the plaintiff, and Mr. Theo. Cooper for the defendant. W. Kelly, the plaintiff, storekeeper at Rotorua, deposed to sending four -horses, several sets of harness, and a dog-cart to Mr. Buckland for sale at Cambridge. He had given Mr. Buckland's manager a reserve price, which was taken note of by the latter. Tbe reserve on the buggy was £50, on the sets of harness £6 10s each, on a brown mare £15, one bay mare £11, two bay cobs £9 each. Witness waa examined and cross-examined at great length as to the reserves, etc., and the court adjourned at 4 p.m. till 10 next day. POLICE COURT. —a orsday. [Before Dr. KenderdlDe and Mr. H. M. Jervis, J.P.'s.] Drunkenness.—John Burns and George Aitken pleaded guilty to being drunk. Fined 5s and costs, or twenty-four hours.— Jessie Wingate, for a third offence, was mulcted in a fine of £5, or fourteen days. Window-breaking.—Eliza McGinn was charged with being drunk, and also breaking two panes of glass, the property of Weorge Martin. She pleaded guilty to the first charge, but was ignorant of the second occurrence. The evidence showed that she was refuted drink at the Pacific Hotel, and went outside and committed the damage. The Bench ordered her to pay £2 and cost of injury done, or in default one month in gaol. Shop-lifting.—Martin Dwyer pleaded guilty to stealing a shirt, worth 2s 6d, from the premises of Alexander Snedden, Queenstreet. Sentenced to one month's imprisonment. Assault. — Robert Carroll was oharged with assaulting Thomas Trueman, by striking him on the face on Wednesday night at half-past eleven. Mr. Cotter appeared for the prisoner. The oomplainant stated that he and his wife were driving on the Beach Road, by the old railway station, and stopped to light his lamps, when the prisoner accosted him and struck him with his fist, knocking him down partly insensible, and then began to kick him. Charlotte Truemah, wife of the witness, deposed that when she got out of the express to help her husband, the prisoner struck her in the eye and knocked her down. He then ran away, and she screamed, " Police l" Both witnesses were severely marked about the face. Constable Hansen gave evidence that he heard a woman screaming, and hastened to the place, when he saw last witness. Prisoner had climbed a fence, and Trueman had gone after him to try and prevent his escape. He searched and found him. Prisoner was under the influence of drink, but Trueman and his wife were perfectly sober, H. Courtayne gave evidence to hearing screaming and altercation, and ran down to the scene. Complainant and his wife appeared half-dazed, and were both under the influence of liquor as well as the prisoner. The effects of the assault might help to produce this appearance, but they also smelt of liquor. Constable White deposed to seeing Trueman and his wife near the entrance to the Railway Wharf. The former was driving his express steadily, and both appeared sober. By Mr. Cotter: " Was not near enough to clarify the sperits." The prisoner, on being asked, said that he was drunk, and remembered nothing but that someone struck him on the head with a large stone, which inflicted the wound on his brow. The Benoh considered the case proved, and fined the prisoner 50s, and costs 4s, or, in default, one month in gaol.—The same prisoner was charged with similarly assaulting Charlotte Trueman. The evidence was the same as the last case, and a similar sentence waa inflicted. -If the fine was not paid, the terms of imprisonment, to run concurrently. On Mr. Cotter's application the .Bench allowed the prisoner till next Monday to pay the fine. Alleged Perjury.—Alexander Campbell, oharged with perjury (adjourned), was called ; but, on the application of Mr. Earl, accused's counsel, a further adjournment till the 22nd instant was granted, as had been agreed to by the Resident Magistrate at the , last hearing of the