LA AND POLICE.

New Zealand Herald, Volume XXXII, Issue 9828, 24 May 1895, Page 3

LA AND POLICE.

SUPREME COURT.-IN Chambers. Thursday. [Before His Honor Mr. Justice Conolly.] Probate.' — Probate was granted to the executors named in the wills of the following deceased persons : —Peter Mason, Archibald Somerville, George Baxter Martin, Benjamin Berry, William Brown Manning, John Charles Boord, Israel Wendel, James Furey, Patrick McVeigh, William Smellie Grahame, David Snodgrass, James Grubb, Eliza Shaw, Catherine McKay, George Sage, William Lawrence, Jesse Henry Hougham, David Boosie Cruickshank, William Creighton, Susanna Clayton, John Smith, Edward Mahoney, Charles Farmer, and Eliza Hamilton. An application for probate in the will of James Heavey was allowed to stand over for a week in order that an affidavit might be filed. Admission to the Bae.—On the motion of Mr. McGregor, Mr. Thomas Nimmo Baxter was admitted and enrolled as a solicitor of the Supreme Court of New Zealand. Mr. McGregor said Mr. Baxter had passed the solicitors and barristers' law examination, but he only applied for admission as a solicitor.

Administration.Letters of administration were granted in the estates of Eliza Annie Birtles, and Lucy Martin Kitt. An application for administration in the estate of Grace Florence Hollinshei was allowed to stand over for a week, as the affidavit did nob state that search had been made for a will, and an application for administration in the estate of James Lawrie was postponed for similar reasons. Leave to Sell.—Mr. Stewart made application under the Administration Act, 1879, for leave to sell certain real property in the estate of Henry Jameson Austin. The order was granted. Mr. McGregor made a similar motion in respect of the estate of Lucy Martin Kitt. The necessary consent was filed, and the order was granted, and the costs in this case, the estate being small, were fixed at £2 2s and court fees. Mr. Buddie also applied for leave to sell certain leasehold property in the estate of Alexander Stewart. Mr. Thorne appeared in support of the application, which was granted. Chattels' Transfer Act.—ln re the Chattels Transfer Act, 1889, and a deed of assignment, Mears to Tregonning, Mr. Stewart moved for an order extending the time of renewal. The order was granted to enable Mr. Stewart to file the deed at once.

Taxation of Costs.— re the Law Practitioners Act, 1883, and of Jackson Palmer, a solicitor, Mr. Palmer moved on summons for taxation of a certain bill of costs. It was an application for taxation of costs as between solicitor and client, and Mr. Palmer appeared for the client in support of the application, and for himself as solicitor to consent. The order was granted.

MAGISTRATE'S COURT.^-Thursday.

[Before Mr. H. W. Northcroft, S.M.J

Undefended Casks.—ln the following undefended cases judgment was given for the plaintiff with costs :—Arthur Yates and Co. v. Ernest Chaffey, claim £6 12s 6d : (Judgment was given for £5 6s 2d and costs £1 17s 6d); D. Shaiv v. \V. O'Brien, claim £1 5s 6d and coats 7s ; Robert Stow v. W. V. Morley, claim £2 2a and costs lis ; Same v. E. W. D. Clarke, claim £1 7s 9d and costs 6s; John Burns and Co. v. E. V. Fulljames, claim £20 19s 3d and costs £3 3s 6d ; Cook and Gray v. Frederick Hill, claim £5 183 2d and costs £1 5s 6d ; Jonn Peter Hooton and Robert Frederick Webster v. Percy Bathurst, claim £19 12s and costs £1 5s 6d ; Hancock and Co. v. James McCormick, claim £1 8s 6d and costs 6s.

Ernest R. Hill v. James Holl.—Claim £7 15s for commission alleged to be forthcoming on a sale of a property known as Lynch's farm, situate at Mangere. The plaintiff is a commission agent and the defendant an engineer. Mr. (J. E. MacCormick appeared for the plaintiff and Mr. Theo. Cooper for the defendant. The defence was that the plaintiff had not sold the property. After healing the statement of each party His Worship nonsuited the plaintiff, with costs £1 lis 2d. James Fitzgerald v. Stewart Brewster. —Claim 14s 6d for work and labour done. The plaintiff was nonsuited. D. Stewart v. William Southwell.— Claim £4 16s for goods sold. The plaintiff appeared in person, whilst the defendant was represented by Mr. Cotter. After hearing the evidence, His Worship nonsuited the plaintiff. Maky Russell v. J. Ibbitson.—Claim £2 7s 6d. The plaintiff was nonsuited with costs, £1 Is.

J. Crgn.it v. Henry Moody.—Claim £4 for work done. Mr. Mahony appeared for the plaintiff, and the defendant in person. Judgment was given for the plaintiff for the amount claimed with costs £1 14s.

POLICE COURT.—Thursday. [Before Messrs. F. L. Prime and H. WilUine, J.P.'s.] Drunkenness. —An elderly woman named Mary Richards charged with a fourth offence of drunkenness within the past six months was fined 40*, with tho alternative of or.o. month's hard labour. A firsb offender was remanded for a week.

Adjourned.—ln the case of Henry Chris. Smith, who was charged with assault, Mr. Brassey appeared for the defendant, and obtained a remand for a week. Bail was allowed the accused in two sureties of £10 each. J Alleged Assault.—A young man named John Quinn was charged with having on the 7th May, 1895, unlawfully assaulted one Thomas Foley, so as to cause him actual bodily harm. Sergeant Gamble appeared for the prosecution, and Mr. Thomas Cotter for the defendant. The complainant deposed that on the evening in question he was at the Queen's Ferry Hotel, Vulcan Lane, in company with the defendant and another young man named Smith. They were together in the back bar. Whilst in the room witness had a few words with Smith, which ended in them taking off their coats and having a fight. The trouble was ended by witness getting a heavy blow on the head with a decanter. He could not say who struck him. Witness was confined to his bed for a week through the injuries received. Just before witness was struck, he heard someone in the room say "plant him," but he could nob say who ib was used the words. By Mr. Cotter : He had known the defendanb for many years, during which time they had borne each other no ill feeling. Dr. P. A. Lindsay gave evidence as to the nature of thd injuries that the complainant sustained. At this stage Sergeant Gamble pressed for an adjournment, as one of the most important witnesses for the prosecution was nob in attendance. Mr. Cotter objected to any further adjournment, and insisted thab the prosecution had had ample time to ensure the attendance of this witness. The Bench said that as far as the case had proceeded there was nothing before them to connect the accused with the charge. Mr. Cotter, at some length addressed the Bench, submitting that the Bench had a right to consider the accused, who was suffering by so many adjournments. Mr. Cotter further pointed oub thab the evidence of this absent witness was not likely to throw any further lighb on the case. Sergeant Gamble explained that the police had done their best to assure the attendance of this witness, and had failed. He could not now go on with the case. As to the evidence this witness was likely to give, he (Sergeant Gamble) could assure the Bench that it was mosb material. The Bench said that as far as they could see there was nothing at all against this young man. Still they thought that in justice to the police, and to the defendant himself, a further adjournment should take place. The Bench fixed Saturday morning for the further hearing of the case.

Alleged Breaking and Entering.—A young man named Oscar Ranumn appeared to answer the charge of having on the 24th April, ab Kaukapakapa, burglariously entered the dwelling-house of Alexander Stewart Murray, and stolen therefrom one double-barrelled gun of the value of £15. The accused, against whom there were two other charges of a similar nature, was not represented by counsel. Evidence having been given by three witnesses, the accused was committed to take his trial at the next criminal sittings of the Supreme Court. On the other charges the accused was remanded.