LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8534, 7 April 1891, Page 3

LAW AND POLICE.

SUPREME COURT.—In Bankruptcy.

Monday. [Before His Honor Mr. Justice Conolly.]

Close of Bankruptcy.On the motion of Mr. Cave the bankruptcies of Robert Stuart, John William Fowler, and Frederick David Woodroffe were declared closed. The assets realised respectively £16 7s 9d, £4 7s 6d, and £14 ss.

Appeal.—ln re the bankruptcyof Graham, Pitt, and Bennett, Mr. Finn moved on appeal from the decision of , the deputy Official Assignee rejecting proof of debt. Mr. Cooper appeared in support of the motion, and as Mr. Button was nob prepared to go on it was allowed to stand over till next sittings. Orders of Discharge.—Mr. Campbell moved that an order of discharge for Samuel Short be granted. There was no opposition, the Official Assignee's report was favourable, and all wages claims had been paid. The order was made. Mr. Theo. Cooper, for Mr. Alexander, moved that an order of discharge be granted to Robert Alexander Walker. In this case there was a disputed claim for wages, but the money, ss, was retained by the Official Assignee, who had given notice to the creditor as long ago as February last, but he had never applied for it. His Honor said without making a ruling as a precedent, he would not stop a man's discharge for ss. The order was made.

Garrett Bros.' Bankruptcy : Appeal. Re Thomas, William, George, and Richard Zachariah Garrett (bankrupts). Mr. Cotter moved on appeal from the Official Assignee's ruling, rejecting the proof of debt of the executors of Robert Garrett. Mr. Cave said it was arranged to allow this application to stand over till the first sittings in June. .Order made accordingly. Annulling Bankruptcy.Mr. Beale was to have applied, on summons, to annul the bankruptcy of George Lowrie, bub he was nob present. Mr. Burton appeared to oppose. His Honor pointed out that the summons had been taken out for Chambers, and he would take ib to-morrow.

Banco Sittings. The following business is seb down for the Banco sitting of the Supreme Court to commence to-morrow :—

In the matter of the Law Practitioners Act, 1882, and its amendments, and of William Robert Franklin (a solicitor), Mr. Cotter moves that W. R. Franklin be adjudged guilty of contempt of Court. Similar applications will be made in respect of George Taylor Keetley and Charles Edward Madden.

In the matter of the Deceased Persons Estates Duties Act and re Allan Kerr Taylor, deceased, Mr. Hesketh is to move on a case of appeal from assessment of duty by the Commissioner of Stamps. Perry and Newell v. the bnion Bank of Australia.—Mr. Theo. Cooper to move for argument on questions of law. McLeod v. Wishart.Mr. Hesketh is to move for argument on questions of law. In tho matter of the Deceased Persons Estate Duties Act, J SSI, and its amendments, and re John Probert, deceased, Mr. Button is to move on argument for special case.

Robert Kurtz (appellant) and Edward Aickins (respondent).—Mr. Devore is to move to reverse the determination of Joseph Giles, R.M., in the case of Aickens v. Kurtz.

T. T. Masefield v. Karaka Rotana.—Mr. Campbell is to move to seb aside bhe verdicb found for defendant, and to enter judgment for the plaintiff. William Henry Tucker (appellant, Gisborne) and Arthur Searle (respondent).— Mr. Rees has a motion on case of appeal from decision of James Booth, R.M. for Poverty Bay district. Ehrenfried v. Gleeson.—Mr. Baume is to move to adopt the Registrar's report. Rees and others v. Barker (Gisborne).Mr. Rees to move for a new trial of this action.

Cambell (appellant) v. Patea West Road Board (respondents).—Mr. Cooper is to move that the case stated be referred back to district Court;.

PORT ALBERT R.M. COURT. March 31 and April 1.

[Before Messrs. John Shepherd, William Payno, ami John G. Budding, J.P's.]

Alleged Store-breaking and Robbery.Police v. Christian Johnson, and Harold Johnson, age 14, son of the preceding. This was a charge of breaking into and robbing a store at Tauhoa, in the occupation of John Burdett. The goods stolen were six pairs of boys' trousers, 12 coats, three suits of clothing, SO yards unbleached calico, 10 yards twill sheeting, 461b sugar, 21b tobacco, 71b tea, two 1001b bags of flour, and other goods, to the total value of £18 12s. The robbery took place on the night of February 28. For several weeks Constable Inger has been endeavouring to obtain some clue or evidence as to the perpetrators of the robbery, the result of which was the arrest of Johnson and his son, after twice searching Johnson's house and land at Tauhoa. John Burdett, the complainant, detailed at considerable length the reasons which led him to suspect the prisoners ; and the following witnesses gave evidence :—Joseph Isherwood Buckton was called as an expert to speak as to a certain piece of iron said to have been in Johnston's possession, found near the which, by the marks or dents made, appeared to have been used to wrench open the window by which entrance was effected. John Graham was also examined as to the identity of the piece of iron spoken to by the preceding witness, as to which he appeared in doubt, and Charles Burdett, who was more positive as to the iron being Johnson's property. Some flour bags, a tin of coffee, a sugar bag, and a boy's coat, found on Johnson's premises, and declared by Burdett to be his property, were also produced. These were obtained as the result of a second search at Johnson's house by Constable Inger and J. Burdett, made a few days since. A first search took place immediately after the robbery, when witness just mentioned declared the goods put in were not seen, or on the premises. Maren Johnson was examined on behalf of the accused, her husband, and son, and said she remembered the night in question. Her husband came homo before dark, she, being unwell, went to bed before sunset. He also retired about dusk, and gob up by eight o'clock the Sunday morning. Neither her husband nor son was out during the night. As she was a light sleeper she must have heard them. She first heard of the robbery on Monday morning, when Constable Inger and J. Burdett came and searched everywhere, and found nothing. She produced a bill of goods supplied by Mr. Burdett. Thereon was 50 of flour, also 100. She also got later, a sack of flour from him, and had got some again from Mr. Boler and Mr. Lyons. The coffee she bought of Mr. Boler. The sugar bag she got at the Co-operative Store four years ago. The coab her boy bought of Mr. Burdett for 3s 6d or 4s 6d. Ib was in the box when the first search was made. The Court was then cleared, and after twenty minutes was reopened. The Bench stated that after due consideration they found the evidence insufficient to commit the prisoners for trial; the case was therefore dismissed. The Court expressed sympathy with Mr. Burdett's loss.—[Own Correspondent, April 3.]