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LAW AND POLICE.

SUPREME COURT.— * [Before H. C. Brewer, Esq., Examiner.] Kerry v. Brett.—Claim £3000 damages for alleged libel. The plaintiff is a New Guinea explorer, and the defendant is the proprietor of the Evening Star newspaper.;. This case was before Mr. H. C. Brewer, the Registrar, to-day and Thursday in the form of taking the evidence of witnesses who will not be in the colony at the time of the trial. Mr. W. J. Napier appeared for the plaintiff, and Mr, A. E. Devore for the defendant. Captain Lang, of H.M.s. Tauranga, was examined by Mr, Napier, and deposed to the taking of Mr. Kerry, from Vila in the New Hebrides Group to Erromanga in H.M.s Tauranga. When they got to Erromanga, Dillon Bay, he (Captain Lang) saw the schooner Harold ashore. Other information was read by Captain Lang from his log as to conveying the shipwrecked party to Noumea. Lieutenant Wnitehouse, of H.M.s. Tauranga, was also examined as to the position and condition of the Harold schooner after the wreck, and his conversations with Messrs. Kerry and Asher. MAGISTRATE'S COURT.—Friday. [Before Mr. H. W. Northcroft, S.M.J H. and J. Binstead v. Alex. Mackie.— This was a claim to recover £5 0s 5d balance of an account for butchers' meat. The defendant did not appear, and judgment was given for the amount claimed, with costs, £1 5s 6d. Judgment Summons Cases." — Helene Fraser v. Edward Noble, £4 12s. An order was made for payment of the amount on or before the 4th of May, or in default seven days' imprisonment in Wellington Gaol Alex. Mackie v. Thomas Heath, claim £1 lis. Ordered to pay the whole amount on or before the 27th instant, or in default seven days' imprisonment. W. E. Stevenson v. Arthur Watson, claim £3 13s 2d. Ordered to pay the whole amount on or before the 4th of May or in default seven days' imprisonment. In neither of these cases did the defendants appear to show cause. I Morrin and Co. v. Captain Firth and Owners of the s.s. Indramayo.— was an action brought to recover £17 16s damages for injuries sustained to barbed and galvanised wire, a portion of the cargo of the steamer from England to New Zealand. Prior toJiearing the case yesterday afternoon the S.M., accompanied by counsel, proceeded to Morrin s store and inspected the wire. Mr. Buddie appeared for the plaintiffs and Mr. S. Hesketh for the defence. Pond (analytical chemist), Mr. Robert Fen wick (manager for the plaintiff company), and Mr. Michael Kelly gave evidence as to the damages, and the plaintiffs' case closed at 4.30 p.m. The case for the defence will be opened at ten o'clock this morning. POLICE COURT.—Friday. [Before Mr. R. S. Bush, S.M.I Alleged Insulting Language.— Keenau, cab-driver, was charged with having, 011 the 6th April, used insulting language to Thomas Bowden in a public place, to wit, Queen-street Wharf. Mr. F. Baume (instructed by Mr. Purchas) conducted the | prosecution, and Mr. Theo. Cooper appeared for the defendant, who pleaded not guilty. The case for the prosecution was as follows : —On the morning of the 6th April the contending parties were awaiting the arrival of the s.s. Clansman, from Whangarei. When the boat came alongside there was the usual rush for fares. It was while thus pursuing their business that the trouble arose, the complainant: alleging that Keenan had, without provocation, said to him, "You had better pay £3 10s for driving about in my cab with a prostitute." For the prosecution, evidence was given by the complainant, Thomas Bowden, Samuel Gibbons, James McLeod, John Begg, James Hack, Quinton James Berresford, John Sargeant, Albert Henry Dryland, William Hill, and Abraham. Mr. Cooper, for the defence, opened at considerable length. He thought it was absurd that; the Court should be troubled with such a case. The defendant admitted having used the first part of the language complained of, but denied having said the latter portion. Evidence in support of this statement was given by a number of witnesses. His Worship said the evidence was very conflicting. It seemed to be a question arising out of opposition between two cab proprietors and their men. Competition had been very keen among them. He could do 110 other than dismiss the case, without costs. TE AWAMUTU S.M. COURT. Wednesday, April 18. [Before Mr. Thomas Jackson, S.M.] Undefended Cases.—Judgment for plaintiffs : Cashel v. Puna, £7 18s 3d, costs £2; Henry Lewis v. James Turner, £4 16s, costs £1 13s 6d ; Henry Lewis v. Henry Adams, £9 lis, costs, £1 19s; Mr. Cruickshank appeared for plaintiffs in the foregoing cases. Holloway v. Box, 18s 3d, costs 6s. Defended Cases.—W. H. Short v. Pahi. Mr. Gresham for plaintiff Judgment for plaintiff for amount claimed, ss, and costs, £1 7s 6d. W. H. Short v. Patena. Mr. Gresham for plaintiff. Judgment for plainfor £1 12s 6d, costs £1 7s 6d. Assault Case.—Hon Wiriana v. Honi Warren. Mr. Gresham for informant, Mr. Cruickshank for defendant. The S.M. considered that the informant had proved his case, and convicted defendant of the assault. Fined £1 10s, and costs £6 103 6d, or in default 14 days with hard labour. Sly Grog Selling.—Mary Sullivan was charged with having committed this breach of the Licensing Act at Mokau. She was represented by Mr. Cruiekshank, and pleaded guilty. Fined £10, and costs £6 19s. Judgment Summons.—W. J. Hurst and Co. v. John Burgess Teasdale. Mr. Gresham for the judgment creditors. Judgment was obtained on 27th May last. Execution had issued against defendants' effects in June last. Return nulla bond, as all Teasdale's belongings were protected by a bill of sale. John Burgess Teasdale, the debtor, was sworn, and deposed that since the date of tbe judgment he had not had any means wherewith to pay the amount of the judgment debt, £18 13s 3d. A Mr. James Cotterell, of Rangiaohia held a bill of sale over his (Teasdale's) waggons, horses, buggy, and other chattels. Such bill of sale was for £300, and carried interest at 12J per cent. He (Teasdale) had paid up all interest due in respect of this bill of sale. He also paid rent (£65 per annum) for the premises he occupied. Mr. Gresham contended that, as the debtor had* been possessed of means wherewithto pay £37 interest on the bill of sale, that he should have first paid this judgment debt due to Hurst and Co. The S.M. ordered Teasdale to pay £1 on the 18th of May, and £1 on the 18th of each succeeding month.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH18940421.2.9

Bibliographic details

New Zealand Herald, Volume XXXI, Issue 9491, 21 April 1894, Page 3

Word Count
1,092

LAW AND POLICE. New Zealand Herald, Volume XXXI, Issue 9491, 21 April 1894, Page 3

LAW AND POLICE. New Zealand Herald, Volume XXXI, Issue 9491, 21 April 1894, Page 3