LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9202, 3 November 1888, Page 3

LAW AND POLICE.

R.M. COURT.— Friday. [Before Dr. Giles, R.M.] Judgment Debtor Summons Cases. — Samuel Cohen v. J. and A. McLeod, £29 10s ; ordered to pay on of before this day week, or in default a month's imprisonment. Arthur Masy v. Alfred Henderson, £4 5b ; ordered payment of full amount in a week, or in default a month's imprisonment. Samuel Cohen v. Charles White Cave and George Cave, £23 18s 8d ; ordered to pay 108 a week. Mary Ann Hobbs v. Samuel Callaghan, £6 6s 6d ; summons dismissed. George Downing v. Patrick Kelly, 15s; ordered to pay in a week. David Norrie v. Miss de Jongh, £6 4s 9d; ordered to pay £1 per Month. Frederick Massey v. William Robert Doyle, £3 8s lid; credit was given for £2, and an order was made for the payment of the balance in 14 days, or in default seven days' imprisonment. j. R. Wickham v. H. Meurant, £8 8s 2d; ordered to pay 2s 6d per week. Henry John Riordan v. John Ward, 13s; ordered to pay in 14 days, or in default one week's imprisonment. J. B. Bull and Co. v. Wm. Soper, £6 3s 8d ; Ordered to pay in six weeks, or in default a month's imprisonment. Murray and Spencer v. B. Dyer, £1 2s tid ; ordered to pay half at the end of December, and the balance on the 14th January. das. Prince v. Thomas Rogers, £7 ss. In this case Mr. Burton appeared for the judgment creditor, and Mr. W. P. Buckland for the debtor Mr. Richard McGee gave evidence to the effect that the defendant was imbecile, suffering from paralysis of the brain, and had been in that state for 16 or 18 months. His Worship, in dismissing the summons, said that it was the duty of persons taking out judgment summonses to ascertain the position of the debtors, at least approximately, but instead of that they took out judgment summonses as a matter of course, expecting the Court to make an order.

Lee v. Keenan.—This was an action to recover £50 damages for injuries received by the plaintiff by being knocked down by i runaway horse and hansotn cab, the property of the defendant, whereby he had his le« broken, and sustained other damages. Mr. Franklin appeared for the plaint.iil', and Mr. Theo. Cooper for the defendant. The case had been partly heard on the previous lay. The horse and trap, without the driver, bolted from the wharf on the night of the 18th of August, and ran into and knocked over the defendant at the corner of Queen and Custom streets. The evidence of Dr. Lindsay, Hospital Sur'rcon, and Sergeant Clarke, of the Water Police, was taken in support of the case, The case was adjourned till Thursday next. Collie v. Wooding —This was a claim tor tent, £1 4s. against whicn the defendant put in a counter-claim of £1 5s for repairs done to the house. Mr. Theo. Cooper appeared for the plaintiff' and Mr. T. M. Hum hreys for the defendant. Mr. Collie stated thai .ue defendant occupied a house belonging to him, and he sought to recover two w auks' rent owing. He had given no authority for the incurring of the expenses which ere put in as a set-off. Charles La Roche, who acted as agent for the plaintiff, Hated that he had not authorised anyone t-6 do the work, and when the account came in he repudiated it. Edward Wooding gave evidence for the defence concerning the state of the. house. The roof had been repaired by Mr, Lavers, under instructions from Mr. Laßoclie; but as it still leaked he had to have it again attended to by a man named Simpson. Mrs. Wooding also stated that Mr. Collie had told her to hold the amount of expenses over till the work was done properly. Judgment was given for the amount claimed, the set-off not being allowed. v.iuiA.UEK v. Skelton.—Claim £100, for damages sustained through a collision between a cart driven by defendant and the plaintiff's horse, owing to the careless driving of the defendant. Mr. O'Meagher appeared for the plaintiff, and Mr. Theo. Cooper for the defendant. The plaintiff gave evidence to the following effect: —On Saturday, June 2nd, he was riding down Kyber Pass Road, on his proper side of the road. Defendant came up from Newmarket, driving a dogcart, on the same side of the road as witness, and when near pulled his horse aside, as if to give plaintiff' room to pass, but when about two horse's lengths distant, drew across again. Plaintiff pulled iiis horse on to the kerb to get out of the way, but some part of the cart struck him, and he was thrown violently to the ground, and his leg broken. Defendant continued on his way till plaintiff called out to him. He then got down, and witness asked him to take him to the Hospital, as his leg was •>roken. Defendant replied, "I have no time to bother with you," and drove off. Witness was subsequently taken to the Hospital by Mr. Edwards. He was teven weeks in the Hospital, and had since been obliged to use crutches and sticks, and had not been able to work. His expenses at the Hospital were over £5. John Harvie deposed to seeing the accident ind assisting in taking Cramer to the Hospital. Skelton's cart was on the wrong side of the road. Hugh Eraser and John Allen gave similar evidence, and Dr. Lindsay deposed to the extent of the injury to the plaintiff, stating that it would be three months before ho Would be able to go about his work. Alfred Edwards, sadciier, gave evidence for the defence concerning the distance from the footpath of Creamer. Joseph Skelton, defendant, stated that when the accident happened his cart was partly on the tram-line, and there was plenty of room for four horses to have passed between the kerb and the cart. When he was near Creamer the lattar pulled hi? wrong rein, and collided with the wheel of defendant's cart. He did not move to one side or the other, keeping a straight course. He got down and spoke to < reamer, who said ho thought, his leg was broken, but he (Skelton) did not wait to ascertain if it were so, but drove on shortly after. No application has been made to him by Creamer concerning the accident till the summons was served. James R. Walters deposed to knowing Skelton for many years. Ho was an ordinary careful driver. Robert Andrew gave similar evidence. This was all the evidence, and the case was adjourned till Tuesday next, at 10.30 a.m. POLICE COURT.—Friday. [Before Messrs. G. Smith and F. L. Prime, J.P.'s.] Drunkenness.Two persons were each fined 10s and costs, with an alternative of 48 hours' imprisonment. Robert Wilson was fined 40s and costs, or fourteen days in default. Breach of the Peace.-— Ludlow and Alick, a Kanaka, were charged with fighting in Albert - street on the 27th October. Mr. Madden appeared for Ludlow, and pleaded that the latter acted in self-defence, as he was attacked by the other defendant. Ludlow was discharged, and Alick was fined 20s and 2is costs, with an alternative of seven days' imprisonment.