LAW AND POLICE.

New Zealand Herald, Volume XXXI, Issue 9492, 23 April 1894, Page 3

LAW AND POLICE.

MAGISTRATE'S COURT.-Saturday. [Before Mr. H. W. Northcroft, S.M.J

T. AND S. MoRRIN AND Co. (LIMITED) V. Captain Firth and Owners of the Ship Indramayo.—This was an action brought by the plaintiff company to recover £17 16a for damages to certain wire shipped from London by the ship Indramayo to Auckland, alleged to have been injured during the voyage. Mr. Buddie appeared for the plaintiffs and Mr. S. Hesketh for the defence. The plaintiffs' case was heard on Friday afternoon, after the Magistrate and counsel had examined the wire at Morriu and Co.'s stores. Mr. Hesketh now applied for a nonsuit, on the ground that plaintiffs had failed to prove their claim or that the wire was identified. His Worship, however, decided that there was a case to answer. Mr. Hesketh then proceeded to open the case tor the defence. Captaiu Best, shipping and commission agent, who made a survey of the cargo, gave evidence as to the condition iu which he found the coils of wire, also as to the causes of " sweating" in iron in different climates. In his opinion the coils of wire were cut by chafing against the combings of the hatchway, through the working of the ship, and the staining of the barbed wire he attributed to sweating, as nothing was stored near this wire which could account for stains. William Sinnell, landing waiter in the Customs department, also gave evidence as to the condition of the wire, and said he had been on board the ship several i times, but he saw no indication of bad stowage. This closed the evidence. Mr. Hesketh was about to address the Court, but His Worship suggested .that Mr. Pond should be recalled as to the deposits on the wire. By arrangement it was agreed that the case should stand over until Wednesday at two o'clock. POLICE COURT.— [Before Mr. It. S. Bush, S.M.] Drunkenness.— first offenders were dealt with; tour were discharged with a caution, and the fifth was fined 53 and costs. Destitute Persons Act.—A. large number of cases under this Act were investigated, and in several cases orders were made. A middle-aged man named Henry McGinn was charged with having wilfully disobeyed an order of the Court by allowing the sum of £49 13s to be in arrears on the 10th April, 1894. Mr. Strathern appeared on behalf of the Charitable Aid Board, and pointed out to the Bench that the defendant was a strong, able-bodied man, and ought to be made to pay the amount. The defendant made a statement as to his inability to pay. His Worship addressed the defendant at considerable length, pointing out that it was impossible for him to pay as long as he continued his present habits, as nobody cared to have a man in his employ who frequently appeared before the court for drunkenness. Mr. Bush ordered the man to pay £5 in a month, or in default a month's imprisonment. John Braslin, a young man, was charged that being a near relative, viz., a brother, of Rose Braslm, a destitute person, and being in a position to contribute towards her support, he had wilfully failed to do so. The defendant said he was willing to contribute 5s a week, and an order was accordingly made for that amount. William Chine was charged with being £7 5s in arrears towards the support ot his father, George Clune. The defendant did not appear. An order :for payment of the full amount within a month was made; in default, one month's imprisonment. An Unusual Application.—Under the Destitute Persons Act, a seafaring man named David Healy, through Mr. Madden, solicitor, made an application to have an order of the Court varied. A short time ago an order was made against Healy to contribute 7s 6d per week towards the support of his wife and children. He asked the Court to annul the order, on the grounds that his wife was living with another man. He had been separated from his wife for two years. When in Tauranga a short time ago he had received a letter from his wife, stating that she was quite happy with the man she was living with, and did not want any more to do with him. She was very much obliged for the messages he sent, but neither wanted him, nor his messages, and as for meeting him, she would just as soon meet the devil himself. If she could see him on the gallows, she said she would go with pleasure. The complainant denied having sent the letter alluded to, and said that she could not write. She further stated that she had been very badly treated by her husband, who had tried to force her to go on the streets. A young woman named Nellie Lynch gave evidence with regard to having been asked by the complainant to write a letter for her to her husband. Witness wrote the letter, and afterwards read it to Mrs. Healy, who said it would do nicely. Witness could not say of her own knowledge that Mrs. Healy was living with another man. The wife said that all she wanted was for her husband to support her children. Mr. Bush said he would require satisfactory proof from the husband before the order was annulled, and the children given over to his care, that the persons to whom the children were to be placed were suitable. He thought the best plan would be to have the children sent to the Industrial school, and the father could pay for their support. He would adjourn the case for a week, and by that time the applicant could report to the sergeant of police* the name of the person he intended to place the children with. Protection Order.An elderly person named Nelly Clyne applied to have an order protecting herself and property made against her husband. She instanced to the Bench certain occasions upon which she had been ill-treated by her husband. She could maineain herself easily, without assistance from her husband. The applicant stated that they had only been married three years. The husband was quite willing for the order to be made. He said he would leave Auckland by the first ship he could get. He was a seafaring man. His Worship granted the order.