LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9242, 20 December 1888, Page 3

LAW AND POLICE.

SUPREME COURT.—Civil Sittings. Thursday.

[Before His Honor Mr. Justice Gillies and a Jury of twelve. J.

Colonial Bank of New Zealand v. John Ramsay Stewakt Richardson. — Claim for £1100, money due "by the Cambridge .liairy. Produce Company. Mr. Cotter appeared for the plaintiff, and Mr. Button and Mr. Hesketh for the defence. The hearing- of this case, which had occupied the whole of the previous day, was resumed. Mr. Richardson,- who had been examined on the previous day, was further cross-examined by Mr. Cotter. Messrs. W. Kincade, H. Ferguson, J. Alhvell,,and R. Crickett, co-directors with the defendant were also examined and cross-examined. The iirsb witness called by the plaintiff was Mr. J. B. Little, who wus manager of the Cambridge Bank when the transaction took place. He denied having made any promise that, when the mortgage was given, the personal guarantees would be given up, and he stated so notwithstanding the evidence given by the other witnesses. Andrew Grierson Macara, present manager of the Cambridge branch of the Colonial Bank, also swore that he distinctly refused to promise to give up the personal guarantees when the mortgage was given. Counsel then addressqd the Court, Mr. Cotter's address lasting for an hour and ten minutes, and that,of Mr. Hesketh an hour." His Honor deferred hjs summing-up until next day. The Court then adjourned yntil ten o'clock next morning. Judok's -Cham-bkrs.

His Honor held a short sitting in Chambers before resumiug the civil sittings, and disposed of the following applications : — Cohen v. Lyons and Eyre. — Dr. Laishiey, instructed by Mr. Napier, made application on behalf of Lyons, one of the defendants to this action, for leave to plead on the grounds that the signature to the promissory note on which plaintiff sued was a forgery. Leave was granted, the defence to be filed within three days, and the trial to bake place ab the March sibbings of the Court.

Sakaii Stevens v. Tramway Company. —This action, to recover £500 damages, was set down for trial at the present Civil Sittings before a special jury of four. Mr. Thco. Cooper now applied to have the trial postponed until the March sittings, in consequence of the illness of a material witness. Dr. Laishley, who appeared for the plaintiff, consented, and the application was granted.

POLICE COURT.—Wednesday. [Before Dr. Giles, R.M.] Drunkenness. —Twowomen named Elizabeth Kennedy and Sophia Burke were punished for habitual drunkenness. Disorderly Conduct. —Walter Egginton, for disorderly conduct in Chancery street, was fined £5, with an alternative of six weeks' imprisonment with hard labour. Another charge of having no lawful visible means of support was preferred against the prisoner; but as he wished to call witnesses who were nob present the charge was withdrawn. Alleged Lahceny.—Maria King was charged with the Larceny as a bailee of four tablecloths, the property of Edward Waters, on the l 3th of December. Upon the application of Inspector Broham, the case was' remanded till Monday. When asked if she had any objectioa.to the remand, accused stated that she had not, and she remarked , that the articles had been pawned by another person and notby her. Alleged JTorgery,- --George Clune was charged with uttering a forged cheque on the Bank of New Zealand for the sum of £18 ss. This case was remanded till Monday, at the request of Inspector Broham, in order to allow of evidence being obtained. Breaking and Entering.—Henry Staunton Smith was charged with breaking and

entering the dwelling-house of John Gubb, in Union-street, with intent to commit a felony. Inspector Broham stated tb.e facts of the case, which have already been published, and said that at the time he committed the offence Smith was under tlie influence of liquor. Considering the condition he was in, and the noise he made in entering the house, it was evident that the man did not intend to commit/a felony, and he (the Inspector) therefore 'asked that he be discharged. His Worship asked whether the charge could not be ir.odiiied so as to suit the case, but eventually he ordered the discharge of the prisoner. Alleged Breach opthjj Licensing Act.— William Lynch, licensee of the Aurora. Hotel, was charged wi'uh selling , a glass of beer to James Gardiner on Sunday, December. 9. Defendant pleaded iiot guilty. There was a second charge of a similar nature against Mr. Lynch, on whose behalf Mr. O'Meagher appeared. Mr. Broham said that two important witnesses, although subpoenaed, were not in attendance, and he would therefore have to ask for an adjournment of the case. He was under the impression that a brother of the defendant had induced the witnesses to stay away. Mr. O'Meagher said there was nob the slightc.-st ground for this assertion. Inspector Broham called James Gardiner, who deposed that he resided at Cut Hill, Birkenhead. On Monday evening the defendant's brother, Patrick Lynch, came to witness's house, and asked him, "Can we settle this case? What is it all about?" Witness replied, "No, we can't settle it." Lynch remarked, "Oh, yes, we can," and witness again answered that they could not, as he did not want to get into f 'chokey." Lynch then saw Lahgham and Maxwell, who had not since been seen' at Cut Hill. Dr. Giles said he thought that the provisions for compelling the attendance of witnesses required that a person's expenses should be paid by the Crown, when, as in this case, he had to travel by water in order to be present at Court to give evidence. Mr. Broham remarked that the Crown would have to expend a very large sum of money if witnesses' expenses were to be paid. The hearing of the charges was remanded till the '27th, and a warrant was issued to compel the attendance of the witnesses, Langham and Maxwell.