LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9244, 22 December 1888, Page 3

LAW AND POLICE.

SUPREME COURT—Civil Sittings. Friday. [Before His Honor Air. Justico Gillies.] Thomas Hawke v. Timothy Hunt.—This was an action to recover £77 damages for trespass, and for injunction. Mr. Tylclcn and Mr. Palmer for plaintiff, and Mr. Mahony for the defence. The case had occupied the greater portion of the previous day, and the case for the defence had been opened, and the defendant examined. Charles Marshall, a half-caste, was now examined, and deposed that he was son of the owner of the property in plaintiff's possession, and the track referred to as having been made by Hunt was an old track leading to and through Hunt's property to the Heads, and had existed to his knowledge for the last 20 years. There was, in fact, no other road to Hunt's property. He also gave evidence as to assisting defendant to put the cattle into the yard. Defendant's son also gave evidence. Counsel then addressed the Court, and His Honor summed up. The jury brought in a verdict for £1 damages for the trespass, and a verdict for the defendant as to the cattle. Judgment was accordingly given for plaintiff, without costs. James Mackay v. Thomas Morrin, W. C. L>aloy, and C. F. Mitchell.—This was an action brought on a claim that the Public Trustee be ordered to pay to plaintiff .I*Bo4 19s lOd, now in his possession, and there was a counter claim that the Public Trustee bo instructed to pay the money to the defendants. The case was heard on Monday last, when judgment was reserved. His Honor now delivered judgment, and ruled that the money is to be paid to the trustees under the deed of December, 1879, namely, Thomas Morrin, C. F. Mitchell, and F. Larkins, costs to be paid out of the estate on the higher scale, and plaintiff was allowed second counsel. Judges' Chambers. Probate.Probate was granted to the executors in the wills of the following persons : — Charles Henry Street, Denis Haley, George Courtney Figgott, Stephen Kimpton, Walter Henry Eoylan, William Ritchie, John Martin, junr., Henry Glover, Harriet Girand, Charles Ludwig, Nicholas Simms, Wm. Pellon. Administration. —Letters of administration were granted in the estate of Michael Rafferty, and applications re Frederick I Ledger and William Frost were allowed to stand over. Admission to the Bar.On the motion of Mr. Button, Mr. Morton Aldis was admitted a solicitor and barrister of the Supreme Court of New Zealand. Bill ok Costs. —Mr. Macrae moved on summons that the bill of costs of William Thome, rendered to Thomas Rogers, be referred to the Registrar for taxation. The usual order for taxation was made. Re John Crawford. — Mr. Jackson moved that the executors be allowed to borrow £410 7s 4d upon the security of the real estate. The application was ordered to stand over for consideration. Moanataiari Extended G.M. Co.—Mr. Button moved for summons to show cause why the company should not be wound-up by direction of the Court. Adjourned till the 15th of January. , Waikato Coal and Shipping Co.—Mr. Button moved for summons to show cause why the company should not be wound-up by the Court. Adjourned till 15th of January. C. Other v. Waitemata County Council.—Mr. Hesketh moved that the sum of £300 paid into the Public Trust Office be paid to John Prior, solicitor for the claimant. This application was allowed to stand over.

Bank ok New Zealand v. Fraser.—Mr. Hesketh moved for an order for contribution from certain other parties. The order was made by consent, the defence to be tiled by -4th of January. Special Jury.— Mr. Buddie moved for a special jury of 12. The order was made. Thames and Coromandel United Charitable Aid Board v. the Piako County Council. Alexander moved that the decree nisi made herein bo made absolute. The order was made as prayed. 1 Grey v. Anderson.— Button moved for the adoption of the Registrar's certificate. Tho certificate was adopted. Fknton v. Horne and Others. —Mr. Hesketh moved that £110 3s 3d claimed by the Thames Borough Council be paid out of Court. This was allowed to stand over. Rae v. Crumi-e.— Mr. Campbell moved for a summons to show cause why writ, statement of claim, and charging order nisi in this caso should not be set aside. This application by consent was allowed to stand over till January. Helensville Timber Co. v. McLellan. —Mr Hesketh moved that the charging order herein be made absolute. The order was made as prayed. Bell v. Fitness and Others.— Mr. Cooper moved for summons to show cause why questions of law should not be argued before the trial of the action. The order was made as to Fitness and Lowell, the argument to bo heard after the January Civil Sittings, and the trial is postponed until the March sittings.

POLICE COURT.— [Before Messrs. MacDonnell and Gordon, J.P.'s.] Obstructing a Constable.—Joseph Morris was charged on remand with obstructing Constable Clarke in the execution of his duty whilst arresting a drunken woman. Frederick Tanner gave evidence, and a fine of 20s and costs, with an alternative of 48 hours' imprisonment, was imposed. [Before Messrs. Gordon, Moody, and McElwain, J.P.'s.] Three Charges. — A woman named Sarah Home was charged with breaking three panes of glass, the property of Margaret Scully, and also with using obscene language, and being a rogue and a vagabond. Mr. Madden appeared for the accused, and pleaded guilty. He urged that a lenient punishment be inflicted. Evidence was given by Detective Walker to show that the prisoner bore ■ very bad character. The Bench fined prisoner £5 and co.its, with an >ltorna,tive of one

month's imprisonment, for the first offence, and for the use of obscene language she was sentenced to three months' imprisonment with hard labour, and to two months' imprisonment with hard labour for being a rogue and vagabond, the sentences to run consecutively. Breaches of By-laws.— Samuel Douglas was charged with negligently driving a horse and cart in Queen-street. Defendant pleaded that his horse became excited. Robert Mee deposed that on Saturday evening last ho saw a horse and trap coming into Queen-street at full gallop, and before he could get out of the way he was knocked down, and his head was cut. James French deposed that the horse and trap came round the corner at a good trot. Charles Millen and Constable Bowles also gave evidence. The latter deposed that defendant was under the influence of liquor at the time of the occurrence. Percy Merritt stated that the horse was frightened by the Salvation Army. The defendant had the animal well under control, and in witness's opinion Mee could have got out of the way. J. W. Kay deposed that the horse was trotting down Victoria-street, and just as witness pulled up to drive round the corner at a walk the horse was startled by the Salvation Army band, and galloped into Queen-street. The Bench said that the offence of driving round street corners at a fast pace was very prevalent, and they fined defendant 20s, and 13s costs. A woman named Russell was fined Is and costs for permitting the chimney of her house to catch tire. Uttering Forged Cheques. — George Clune was charged with having uttered a forged cheque on the Bank of New Zealand for £18 5s (purporting to be signed by Alfred Buckland and Sons), with intent to defraud Smith and Caughey. Evidence was given by Messrs. Alfred Buckland, Arthur J. Bridgewater, and T. Bridger (both in the employ of Messrs. Smith and Caughey, to whom the cheque was given), and Andrew C. Caughey (a member of that firm), and prisoner was committed for trial. He was also committed for trial on a charge of uttering a forged cheque for £15 5s on the Bank of Now Zealand (purporting to be signed by Alfred Buckland and Sons), with intent to defraud William H. Potter. The gist of the evidence in these cases has already been published. [Before J. Moody, J.P.] Obscene Language. — John Lund, for using obscene language in Alexandra-street, was sentenced to one month's imprisonment, with hard labour. Breach of By-Law. —J. M. Lennox was fined 10s and costs for allowing the chimney of a house in Grey-street to catch fire. [Before Dr. Giles, R.M.] Cruelty to an Animal.—George Piggins was charged, upon the information of the Society for the Prevention of Cruelty to Animals, with cruelly ill-treating a dog on the loth instant. Mr. Dufaur appeared for the prosecution, and Mr. O'Meagher for the defendant. George Mills, carter, deposed that on the evening of the 15th instant he was in Wilson's Yard, Nel-son-street, adjoining his own place. He and the defendant Piggins had been qnarrelling, and witness was under the impression that the defendant got the worst of it. Witness went into his house, while the defendant remained in the yard, and a fox terrier belonging to witness was also in the yard. The dog was very quiet. After witness had been inside for a few minutes he heard his wife calling out "He is killing the dog." Witness ran out and saw Piggins pitch the dog right from him. He held it by its two hind legs, and threw it with his full force against the coal-house. It was thrown a distance of about 14ft. Then Piggins went to where the dog was lying, nearly dead, and took up a hammer. Witness then turned and went into the house horrified, without looking to see what else defendant did. Crossexamined : The dog did not bite the defendant. Corroborative evidence was given by Mrs. Mary Mills and James Donovan. The defendant, George Piggins, deposed that the dog seized him by the leg four times and tore his trousers. His Worship inflicted a fine of £4, with 13s costs.

Failing to Appear at Court.William Langham and John Maxwell were charged with failing to answer summonses requesting their attendance as. witnesses in the case in which William Lynch, publican, was charged with a breach of the Licensing Act. This case was adjourned from the previous day in consequence of the non-attendance of the two men, who now stated that they had been told that their expenses would be guaranteed before they came to give evidence. At the order of the Bench, each of the defendants entered into a recognisance of £10 to appear on Thursday next, when the hearing of the case against Lynch will be resumed.