LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8469, 21 January 1891, Page 3

LAW AND POLICE.

SUPREME COURT.—In Bankruptcy. Tuesday. [Before His Honor Mr. Justice Conolly.] Close ok Bankruptcy.—Oα the motion of Mr. Cave, who appeared for the Official Assignee, the bankruptcies of Francis Foster, Charles Herbert Culpan, Roberb Alexander Walker, and Richard Wright, were declared closed. Orders of Discharge.—There being no opposition, and the reports of the Official As* ignee in each instance being favourable, orders of discharge were granted to Alexander Taib, Alfred James Mathieson, and Allan Christie. In Chambers. Probatk.—Probate waa granted to the executors in the wills of David Schofield, Robert Bhaw and Sarah Tonge. Administration. —Letters of adtninstration were granted in the estates of Lavinia Kneebone and Alexander McGregor. Chattels Transfer Act.—ln the matter of the Chattels Trausfer Act and re a bill of sale from J. C. Ralph to R. T. Douglas and Co., Mr. Napier applied for an extension of time in which to register the transfer. The order was granted. Henry Paul Kavanagh v. John Rooan and Another.—This was an application to have Mary Ann fiand appointed guardian of her children, Catherine and John Hand, for the -purposes of this action, and after reading the affidavits His Honor granted the application. Nkw Zealand Native Land Settlement

Company v. Harry Brant and John Bryant.—Mr. Button, who appeared for the plaintiff company, applied for leave to serve a writ of : summons on the parties named, who are at present resident out of the colony. His Honor made the order under the usual conditions.

POLICE COURT.—Tuesday. [Before Dr. Giles, R.M.] Drunkenness.—One man, a first offender, was lined 5s and casts, or 24 hours. Lewis Waglan was fined 20s and costs, or 48 hours imprisonment. Drunk and Disorderly.—David Stewart was charged with being drunk on the 19th January, and also with having assaulted John Dunn, by striking him with his clenched fist. Prisoner pleaded not guilty. John Dunn, who said that he did not wish to press the charge, deposed that he saw prisoner on Monday evening near the Waitemata Hotel. A struggle occurred, and Stewart struck him on the lip. Witness gave no provocation. James Macky and John Brown also gave evidence. The defendant said that he had some drink, and both ho and the other man began to fight. For drunkenness prisoner was fined 10s and costs, or 48 hours, and for the assault 20s or 48 hours hard labour.

Allkged Pkksonation.—James Hunter was charged with having, on the sth of December, committed the offence of personation, within the meaning of the Corrupb Practices Prevention Act, by having applied to vote at Parnell, after having already voted at Newmarket, at the receut general election. Mr. Hudson Williamson, for the prosecution, said that the Act said that the Returning Officer may cause any person whom he suspected of being an ; offender under the Act to bo prosecuted. Captain Thomas at the time had strong suspicions; but, on making further in- ] quiries, the witnesses had come to the conclusion that they could nob identify the aceudod as tho man who had presented himself. His name was on the roll opposite the number f>oß, which number had been polled twice. Under the circumstances he would not go on with the case. Mr. Tole, who appeared for the defence, stated that it would have been more graceful for Captain Thomas to have said that there was no evidence whatever to justify tho bringing of this case. (Mr. Williamson : I cannot say that.) It was a serious thing for a man, who was a warder in the gaol, and therefore in a public position, to have his name telegraphed over the colony as guilty of personation. He (Mr. Tole) had discovered, after about ten minutos' inquiry, that Hunter could not have oommitted the offence. He hoped Dr. Giles would express his displeasure afc the manner in which the proceedings had been carried oat. Dr. Giles said he had not got the data before him to justify him in expressing any strong opinions. He agreed that great care ought to be taken, but as to what care was taken he had not got sufficient data, to give an opinion. There being no evidence, he would allow the case to be withdrawn, and of course everyone must thorefore conclude that there was no grounds for tho charge against the accused. Hβ could allow no costs.

OusTKOCTioN. — Frank Machattie was charged with placing an obstruction, eonsitting of bricks, on the Cemetery Road, Waikomiti, on the sth January, thereby endangering the life of Matthew Robert Parr. Mr. Johnston appeared for the defence, nnd pleaded not guilty. John Parr deposed that he was driving along Cemetery Road with hie two brothers, when the horse shied at a pile of bricks and upset the cart. His brother Matthew was injured about the head by the fall. Some of the bricks were on the roadway. William Cartwright, Alexander Cochrane, and Constable Hasletb also gave evidence. The defendant deposed that he was bringing some bricks to build a wall at the cemetery. An accidient happened to his cart, and he had to tip out the bricks, which fell on the side of the bank and in the channel. They were not on the road. The bricks were removed on the following morning. John Garrett gave similar evidence. Dr. Giles said there certainly had been an obstruction, but he would deal leniently with the case, and impose a fine of 10s and costs. Wandkrinu Cattle. —Robert Wynyard was fined l'2s b'd and costs for allowing two cows and one calf to wander on the Beach Road, Devonport. Defendant pleaded guilty. Tkkspassing. — James Kavanagh was charged with trespassing on railway property at Pjllerslie by climbing one of the picket fences on the 2nd January. Prisoner pleaded not guilty, and said he had no intention of breaking the law. Mr. Cooper appeared for the prosecution. The Resident Magistrate said that this was a practice which must be pub down. He would tine the defendant 2()s and costs.

Carters' Licenses.—Peber Wilson was charged with having permitted his cart to stand for hire on Victoria-street without a license in force for such cart. He was fined r>3 and costs, and ordered to pay the license within 14 days. Affiliation Cask.—William Baker was charged with having refused to contribute towards the support of a child of which Annie Wynn is the mother, and defendant the reputed father. Mr. Napier appeared for the prosecution, and Mr. H. Shortland for the defence. The pater- ' nity of the child was denied. Annie j Wynn deposed that she had known the defendant for some six years. He was the father of the child. Defendant was in the employ of Messrs. Davis Bros. He had promised to marry her, but afterwards wished her to go away with him without being married. He also offered to take the child, but she refused to give it up. A man . named Heath lived at her house. This man said that on the death of his mother he would come into a large property at Liverpool, and her mother nad seen Mr. Abbott about this matter, and he said he thought there .vas nothing in it. No impropriety had 'occurred between any one mentioned by Mr. Shortland and herself. Mary Wynn, mother of the complainant, deposed that the accused regularly visited her house, and was very often with her daughter. He was received as an intimate friend. Her daughter gave birth to a child in July last, and Baker's mother had agreed to pay portion of the expenses in connection with the confinement. George Wynn deposed that in October la3t defendant asked him how the youngster was getting on. He replied that he would soon find out how it was getting on, and tho first time big brother caught him he would sling him over the wharf. Elizabeth Ayr and Richard Davis also {rave evidence. Mr. Napier then called the defendant, to which Mr. Shortland objected, but the Bench ruled that he must give evidence. Defendant denied having been improperly intimate with the complainant, and was not in the habit of walking her out. He had received letters from Mr. Shortland asking for the support of his child. Mr. gbortlaad explained thai) at?

that time he was acting for the other side. One letter stated that accrued had admitted that he was the father of the child, and witness never wrote denying the statements contained in that letter. Witness

admitted having seduced the giri. William Anston also'gave evidence. Mr. Shorfcland was also called for the prosecution. He said he knew a Mr. Heath having introduced him to Mrs. Wynn. Aβ far as he knew, this man pretended to be a religious man, and talked very piously. Witness had sent a memorandum to Mr. Napier, saying that he was too busy to take up the case, and offering to give evidence. The case was then adjourned until next day.