LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9139, 22 August 1888, Page 3

LAW AND POLICE.

SUPREME COURT.— Chambers

Tuesday. [Before His Honor .Mr. Justice Gillies.]

Pkoisate.—Probate was granted to the executors in the wills of Thomas Boylan and James Cook. Mr. Cotter moved that probate granted in the will of James lJobson be revoked, and a fresh probate be issued to Ann Dobson. The application was granted. Probate was also granted in the wills of Robert Dent and Margaret Smith.

Administration". —Letters of administration were granted in the estates of Robert North Collie Hamilton, and Malcolm McLennan.

Stkaka v. Puhqi Road Board.—Mr. Theo. Cooper moved for direction as to time and mode of trial of compensation claim. Mr. W. Digna.il appealed for the defendant. All that was asked in this application was that His Honor should confer his powers on Mr. Clendon, R.M., who would then appoint a time and place of trial. This was agreed to by both parties, and Mr. Clendon was then appointed President of the Court of Compensation. Farmers' Co-oim;rative Association. Mr. Buddie moved to remove George Fraserand illiam Garrett from the ollice of liquidators. Mr. Hesketh appeared for Mr. Garrett, and assented to the removal of Mr. Eraser. As to the application for the removal of Mr. Garrett, Mr. Buddie said the petitioning creditors consented that Mr. Garrett should remain, and that Mr. George Cozens should be appointed liquidator in place of Mr. Fraser. A Tklst Balance.—ln the matter of the trust of a balance of a sum of £900 paid to \V. H. Kissling by James Macky, on the 18th September, IS7B, Mr. Haultaiu moved lor direction as to the service of petition on James Mackay. Mr. Haultain said the funds had now been in the hands of tho trustee for seven or eight years. Mr. Macky had filed under the Debtor and Creditors' Act, lSiiti, and had now obtained his discharge by t-filuxion of time. Mr. Theo. Cooper, who had appeared in tais affair, said this i»'JOO represented three bodies of creditors. He had appeared for one body of creditors, and the trustee in uptcv,as well as the creditors, claimed the money, and Mr. Justice Richmond refused the application, but it appeared to him (Mr. Cooper) that the creditors or some of them were entitled to this money, but certainly not the bankrupt, on whose behalf the application was made. The money was vested in the trustees of the first or second bodies of creditors, or in those of the Public Trustee. That was held by Mr. Justice Richmond, but he thought the only way to decide it would be for one or other of the parties to commence an action. He (Mr. Cooper) now suggested that this course should be taken on the understanding that the costs were to be paid out of the funds. His Honor did not think he could deal with the funds merely on petition. The proper course would be to order an action to be commenced by the petitioner, in which the petitioner, the first, second, and third trustees should be parties to the action .-is defendants, costs of all parties to be paid out of the estate. He made the order ing^Connolly and Others v. Knight.— Mr. Theo. Cooper moved for a summons to set aside charging order herein. The application, by consent of Mr. Cotter, who appeared te oppose the application, was deferred until 1 riday. Eiirenkriedv. Clef,son.—Mr. Cotter, for plaintiff, moved that the terms of the decree in this case be settled. This was merely a formal application to settle the minutes of the decree of judgment which was given in the case, which was heard at the civil sittings. Mr. Hesketh appeared for Mr. Gleeson. The draft decree was submitted for approval. Mr. Hesketh suggested some alterations. The judgment, it will bo recollected, was for the plaintiff in an action for breach of contract or covenant that plaintiff was to supply the Albion Hotel with beer, cigars, etc.. and defendant was ordered to render accounts of all beer, etc., which he had purchased from others than the plaintiff, in order that the profit which plaintiff would have made by supplying those articles might be ascertained. The decree was now formally drawn in terms of the judgment, and it was ordered that the accounts be rendered within 28 days of the 6th of August, the date of the trial.

POLICE COURT.— Tuesday. [Before Dr. Giles, R.M.I Drunkenness.—One man was fined 5s and costs for drunkenness, to undergo in default 24 hours' hard labour.

Larceny. —Daniel Gallagher was charged with stealing a cap, value 4s 6d, the property of James D. Meenan. Prisoner pleaded not guilty. James D. Meenan deposed to seeing the prisoner wearing the cap, which was missed from a windo\v-sill of witness's residence at Cut Hill, Birkenhead. Mrs. Meenan deposed to seeing the prisoner passing the house, and he then entered the store next the house. Witness lost sight of him . for a few minutes, and when he again passed down the road prisoner was wearing a cap similar to that of her husband's. She did not see whether accused was wearing a cap before he entered the store. There was a man in the company of the accused. She recognised the cap produced,which had been found in the possession of Gallagher, as her husband's by the ribbons which she had sewn to the cap. Prisoner pleaded that he had not previously been before the Court on a charge of theft. The prosecutor, Meenan, said he did not wish to press the charge. The Bench sentenced accused to three weeks' imprisonment with hard labour. — Elizabeth Bickerton pleaded not guilty to stealing a lady's skirt, worth 4s, the property of Mrs. T. Barrett. Mrs. Barrett deposed that she saw the accused pass her shop in Upper Queen-street on the morning of the 21st, wearing the skirt in question, which she stated she had purchased in Napier. Witness followed her up Grey-street in the. company of a constable, who brought accused back, but the latter was not then wearing the skirt, which was subsequently picked up in a lane in Grey-street. Evidence was also given by George Clive, dairyman, Mrs. Halloran, and Constable Addison, and His • Worship, remarking that the prisoner was an old offender, sentenced her to six months' imprisonment with hard labour. Michael Hearling, a boy who had on the previous day been convicted of larceny, and had been sentenced to 24 hours' imprisonment, was brought before the Bench in order that the question of his committal to the Industrial Homo might be considered. Dr. Giles said he bad received a letter from the Hospital and Charitable Aid Board, requesting him to see that the decision in these cases should be postponed, in order to enable them to make proper inquiries as to the children concerned. He thought this request a proper one, and he would see that it was acceded to in all cases. The father of the boy asked that the latter might get another chance. His Worship said the lad had been twice previously convicted of larceny. He would, however, consent that the matter should stand over for a time, and would let the lad go away with his father; but, if the police found further occasion to complain of his conduct, he must expect an order to be made. A conviction would not be required ; the order might be made at any time. His Worship discharged the boy on this condition.

Deserting Seamen. — His Worship ordered that John Bailey and George Brown, two deserters from H.M. s. Nelson, should be sent on board H.M. s. Orlando, at Sydney. Throwing Stones.—Joseph Williams and William Farquhar, were charged with a breach of the city by-laws, by throwing stones in Franklin Road, to the danger of Lee Hung. Albert Peaece, a boy of years, deposed that he saw Williams throw a stone at a Chinaman on the day in question. John Donovan, a boy of eight years, and Annie Johnston, a girl of nine, were called, but His Worship decided not to hear their evidence, as they were too young. Lee Hung was sworn in the usual fashion, by blowing out a match, and Mr. T. Quni acted as interpreter. Lee Hung deposed that he was a market gardener, and about three Saturdays ago he was in Franklin Road selling vegetables. A crowd of boys was there. Williams threw three stones at witness, and one of the stones struck him on the leg and lamed him for a few days. Several other boys also threw stones. His Worship ruled that there was no evidence against Farquhar, who was therefore discharged. Williams pleaded that he did not throw stones ; he only said to the Chinaman, Hello, Paddy." His Worship inflicted a • fine of 10s and costs, giving defendant one week's time in which to pay ; or in default to undergo twenty-four hours' imprisonment.

Obscene Language. — Kate Hardwick was charged with using obscene language in Patteson-street. Mr. Palmer appeared for the defendant. Evidence was heard at considerable length, it being shown that provocation had been given. Mr. Palmer urged that defendant's husband was away, and she had a family of five children to look after. His Worship said he could not overlook the offence, and he ordered accused to be imprisoned for twelve hours. Breach of By-law.—John Davis, for leaving a horse and cart unattended, was fined 5s and costs.