LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9147, 31 August 1888, Page 3

LA W AND POLICE.

R.M. COURT.— [Before Dr. Giles, B.M.] Judgments foe Plaintiffs.—ln the following cases judgments were given for plaintiffs by default:—Wm. S. vVhitley v. Elijah Davis, £18 17s 6d, costs £2 9s ; Trustees in the estate of A. Morton and Co. v. Robert McCrackin, £1 8s 9d, costs lis ; Trustees of Hesketh and Aitken v, Hugh Knox, £37 15s lid, costs £3 3s; W., G. Allen v. J. R. Orr, £4 15s, costs 17s 6d ; R. J. Thomas v. Alex. Knight, £2 12s 4d, costs 7s; Alfred Buckland v. Anthony Brockless, £6 13s Id, costs £2 ; E. Porter and Co. v. G. Rollett, £3 lis, costs £1 ; E. Porter and Co. v. J. D. Arnabold, 17s, costs 27s 6d; Auckland Timber Company v. Thomas Baker, £2, costs 7s ; John S. Milne v. Anthony Brockless, £10 5s 2d, coats £2 Is ; Jackson and Russell v. Peter O'Dowd, £4 lis 6d, costs 7s; Fagan and Gibb v. Alfred Anderson, £74 19s, costs £5 3s. Jakins v. Mora.—Mr. Campbell appeared for the plaintiff, and Mr. Theo. Cooper for the defence. This was an action to recover the sum of £50 15s, breach of contract and damages. The case for the plaintiff had already been heard and closed, and Mr. Cooper applied for a nonsuit, on which His Worship reserved his decision. He now refused the nonsuit, and Mr. Cooper opened the defendant's case, and called evidence to show that there was no contract within the Statute of Frauds, and that there was no delivery or acceptance of the goods. There was a good deal of evidence taken, and cross-examination on evidence taken in Christchurch. The whole question finally at issue was whether a certain consignment of sacks were according to sample and of full size, these being the grounds on which delivery was rejected. After lengthy addresses by counsel, His Worship reserved judgment.

POLICE COURT.—Thursday.

[Before Messrs. Jno. Gordon and J. M. McLachlan, J.P.'g] Drunkenness. —One person was punished for drunkenness. / Alleged Hosse-stealing.Wm. Moore was charged with stealing a light draught mare, value £10, the property of James Drake, at Dome Valley. Mr. Palmer appeared on behalf of the accused. SergeantMajor Pratt said that Moore had been arrested only on Wednesday, and the police were not yet prepared to go on with the case, as the witnesses resided at Dome Valley and in the Port Albert district. He therefore asked for a remand. Mr. Palmer also urged that the case be adjourned. One of the relatives of the prisoner was going down to the district where the offence is alleged to have been committed, and if this relative concluded that accused was innocent, as he was believed to be, steps would be taken for his defence. If, however, the inquiries made pointed to the conclusion that Moore was guilty, his friends would not exert themselves on his behalf. The .case was remanded until Thursday next, and, on the application of Mr. Palmer, the Bench granted bail to prisoner—himself in £100, and two sureties of £50 each.

False Pretences, —Robert Davies was charged with obtaining £8 from Abraham Mosely by a pretended bill of sale, by which he represented that certain goods and chattels were his own property. Mr. E. W. Burton appeared on behalf of the prosecutor, and asked permission to withdraw the charge. The accused had had to leave the colony under fear of the warrant issued against him, and whilst in New South Wales he had suffered very great straits. He had already been punished, and the prosecutor did not wish to press the charge. Sergeant-Major Pratt said the police knew nothing of this case, but he supposed that considerable expense had been incurred in arresting the prisoner, and now the prosecutor wished to withdraw the charge. After some argument as to who should pay the expenses, the Bench acceded to the wish of the prosecutor by dismissing the case. Lakceny as a Bailee.—Emmanuel Oliver was charged with the larceny as a bailee of one silver watch, value £2, the property of William dayers. Mr. C. E. Madden appeared for the prisoner, and said that the charge had taken both himself and Oliver by surprise. The accused had been committed for trial on seven other charges; and he (Mr Madden) was out at the Stockade on the previous day (Wednesday), but prisoner had then no word of the present case, and was not warned of it until the following morning. This charge could have been laid two months ago. He asked that the case be remanded until the afternoon. Sergeant-Major Pratt did nob think that any advantage had been taken. The present charge had been taken at the instance of the Crown Prosecutor, and the evidence would be the same as in the other cases against accused. The Bench thought there was some cause for complaint. Whilst prisoner's position at the Supreme Court would hardly be affected, yet it was right to give the man a fair show. The hearing of the case was therefore adjourned till two o'clock. When the Court resumed, William James Sayers, general dealer, Karangahape Road, deposed that prisoner was a watch-repairer, having his shop in Karangahape Road, and on the 21st May last witness left the watch produced with the prisoner, in order that it might be cleaned. Prisoner was to clean the watch for 2s, and have it done on the following Thursday, and he gave a receipt to witness. He (witness) again called at the shop about the end of the week, when accused said that the watch had not yet been cleaned, and he would have to take more time over it. Witness called several times after that, and one day in the street Oliver told him that the chain was broken. Witness did not call at the shop until he heard of accused being arrested, and the assistant in the shop could not then find the watch. Cross-examined: Accused had mended three or four watches for witness, which were all returned, though after some delay. Bernhardt Goldwater, assistant at Levy's (pawnbroker) shop in Victoria-street, deposed to the watch being pawned there. Detective Herbert also gave evidence, and the accused was committed for trial.