LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9062, 24 May 1888, Page 3

LAW AND POLICE.

R.M. COURT.— Wednesday. [Before Dr. Giles, R.M.]

Knight v. Morrison.—This was an interpleader summons in which Mr. Clendon appeared for the execution creditor, and Mr. S. Hesketh for the interpleader claimants. The amount in dispute was £60. It appeared that the execution creditor obtained judgment and put the bailiffs in possession, but the wife of the defendant and her daughter, and a Mrs. Irvine claimed the property seized as theirs, and put in an interpleader. Mr. Clendon raised a preliminary ' objection, on the point that proper notice had not been served on the bailiff of the Court, and quoted in support of his contention the case ex parte v. Tanner (19 L. J.), and after hearing arguments, his Worship held that the objection was fatal and dismissed the case with costs, £1 Is. Mr. Hesketh at once took out a fresh interpleader summons, and served the necessary notice on the bailiff, and the case was heard in the afternoon, when evidence was taken. The defendant was examined. Miss Morrison, daughter of defendant, claimed a piano, a portion of the effects seized, as ner own property, as it was presented to her by her father, in 1881, and Mrs. Irvine claimed the furniture, on the ground that she had bought it for £30, and removed a portion of it. After hearing the evidence, his Worship reserved judgment.

POLICE Wednesday. [Before H. C. S. Baddeley, Esq., R.M.] Inebriates. — George Hesford, Samuel Boyce, and Arthur J. Dunn were each fined 5s and costs, or 24 hours' imprisonment with hard labour. Breach of Railway By-laws.—Charles Smith, alias Brown, was charged with committing a breach of the railway by-laws, at Npwmarket, on April 2nd, by getting on to a train while in motion. Mr. S. Hesketh appeared for the defendant and pleaded fuilty, saying that the defendant was on is way to the Waikato to get work, and probably committed the offence without thinking what he was doing. Mr. Clendon appeared for the department. John Smith, guard of the train, proved the case. The Resident Magistrate fined accused 10s and costs 10s.

A Series of Offences.—R. Brigham was charged with that on the 17th of May, at Epsom, he had assaulted Mr. J. B. Russell by kicking him in the eye and knocking him down. Also, with furiously driving a horse and cart along the Oneliunga Road on the same date, and thirdly with doing damage to a spring trap belonging to Mr. Russell, to the amount of ss. Mr. Humphreys appeared on behalf of the accused, and pleaded guilty in each case. Sergeant Pratt appeared to prosecute on behalf of the police, and briefly outlined the case. He then called Mr. James B. Russell, solicitor, who deposed that on the day in question he was being driven home, along the Onehunga Road. Just beyond the Junction Hotel he noticed the defendant in the middle of the road. They tried to pass on their proper side, but this defendant attempted to obstruct. They then again tried to get by, and did partly succeed in passing defendant, when ho deliberately turned his horse's head and drove into the trap in which witness was. Mr. Neat's cart, which was also driving along near, was forced also on the footpath. The defendant then tried to drive oif, but witness determined to find out who he was, and drove after him. They caught up to him near Potter's Paddock, owing to the heavy metal on the road. Witness then went up to the defendant, whereupon he used very coarse expressions to witness, struck at and kicked witness in the eye, and made several attempts to inflict injury upon him. Eventually the matter ended by other persons coming up and restraining defendant. Mr. Russell stated that he did not desire to recover for the damage done to his trap, but he did desire to have the roads made safe. In giving his decision, the R.M. made some strong condemnatory remarks as to the conduct of defendant, saying it was perfectly inexcusable and outrageous. He fined accused 40s and 16s costs, or seven days' imprisonment for the first offence, and for the furious driving also 40s and lis costs. Mr. Russell waived the question of damage. The total amounted to £5 7s. Mr. Humphreys, who appeared for the defendant, asked for twenty-four hours' grace in which to pay the money, but the R.M. declined to grant it, saying the defendant deserved no consideration at all, and must either pay or go to prison. The money was paid.

OHEHUNGA POLICE COURT. Wednesday. [Before Dr. W. R. Erson (Mayor) and Messrs. F. 801 l and A. J. Dickey, J. I Vs.] > Alleged Breach of Licensing Act.— Miriam Stewart, licensee of the Exchange Hotel, Princos-street, Onehunga, was charged, on the information of Sergeant Greene, with selling liquor within prohibited hours, on the 19th instant, to Andrew Dunwoodie, A. Kelsall, and Hairier Gillman. Mr. F. Baume appeared for the accused. Sergeant Greene and Constable Haslett gave evidence to the effect that they saw four men sitting at a table in a room adjacent to the bar, at eleven o'clock at night. On entering there was no sign of beer or drinking in the room. Hamer Gillman deposed to going into the house in company with Robert James, at five minutes to ten ; they each had a drink, after which Miss Mackcy (the barmaid) closed the doors, and they stood in the passage talking. Shortly after R. McQuay entered, and had a drink with James. Witness did not know the time, but was under the impression that it was not past ten. Andrew Dunwoodie and Robert McQuay also gave evidence, both stating that they did not know the time. The Bench dismissed the case, as there was not sufficient evidence to convict.

Disturbing Worshippers.—Geo. Broadhurst was charged with disturbing the Salvation Army in their barracks on the 21st insfc. Defendant pleaded guilty, and stated that he went into the barracks under the influence of liquor, and was stamping his feet. He was ordered to go outside by an officer, but refused. After a few minutes he left, but was subsequently summoned. The Bench imposed a fine of 10s and costs, 7s, as it was his first offence, but remarked that such conduct of disturbing worshippers would have to be put down. Charge of Assault. —Andrew Austin was charged, on the information of Mr. T. J. Jackson, of Ellerslie, with assaulting him on the 18th inst. by striking him over the face, and nearly blinding one eye with flour. Sir W. Wasteneys defended Austin. The complainant deposed to the nature of the assault, and called several witnesses. The Bench held that there was no evidence to show that Austin deliberately attempted the assault on Jackson. The case was dismissed, each paying his own costs. Street Obstruction.Daniel Munro was charged with depositing broken metal on various parts of the street. Mr. Brierly, his employer, was present, and stated that he had given the lad orders to leave the gravel on the roadside, while he had received similar instructions from the Council. The chairman of the Streets Committee was present, and stated that it was usual for the metal to be left on the side of the roads, but as it was dangerous, he would have the matter rectified, The charge was proved against Munro, but no fine was inflicted. Several civil cases were disposed of, after which the Court adjourned.

HOKIANGA R.M. COURT. Friday and Saturday, May 11 and 12. [Before H. W. Bishop, Esq., B.M.] There were no fewer than thirty-five cases set down for hearing at this court, but the majority were undefended, and not of much importance. The following were the defended cases :— Edward Keane v. T. T. Masefield. — Claim, £34 10s, for wages as master on s.s. Piako. Mr. Reed for plaintiff, Mr. Henderson for defendant. Mr. Henderson raised a question as to the insufficiency of particulars of demand, which was overruled. Evidence was given by plaintiff as to employment by A. S. Andrewes as agent for the Piako. Mr. Andrewes also gave evidence to the same effect. Godden and Ellis gave evidence as to having received letters from Mr. Masefield, ottering the Piako for sale in the month of March, 1888. For the defence, the evidence of T. T. Masefield was read, having been taken in Auckland, and it was contended that the Piako was the property of Waller, and not

of Masefield. His Worship gave judgment for plaintiff for the amount claimed, and costs.

Malcolm McLennan v. Masefield.— Claim, £38 10s, for wages as engineer of s.B. Piako. Mr. Reed for plaintiff, Mr. Henderson for defendant. The question was raised for the defence as to whether, McLennan having died since the commencement of the action, judgment should be entered up for defendant. It was agreed between the parties that judgment should follow in accordance with the former case if this objection were over-ruled. His Worship reserved judgment. Katariua Werehi v. W. H. Grover. — This was an interpleader summons on an execution by the defendant under which certain timber, the alleged property of the plaintiff, was seized. Mr. Reed for plaintiff. A large mass of evidence was gone into, and judgment was entered up for the plaintiff with costs. Te Heihei v. Hare Hone.— £10, value of a cow. Mr. Henderson for plaintiff, Mr. Reed for the defendant. For the defence, the question was raised that the particulars did not set out the ownership of the cow, and His Worship held this sufficient, and nonsuited plaintiff.

Hone Mute v. Marriner and Webster.— Claim, £13 16s. Mr. Henderson for plaintiff, Mr. Reed for defendant. This case had been adjourned for several courts, in order to take the evidence of Mr. Von Sturmer, of Masterton. After a large amount of evidence had been taken, the case was dismissed with costs against the plaintiff.— [Kawakawa Correspondent.]