LAW AND POLICE.

New Zealand Herald, Volume XXXVIII, Issue 11630, 18 April 1901, Page 7

LAW AND POLICE.

. SUPREME COURT.-IN BANCO. (Before His Honor Mr. Justice Conolly.) At a banco' sitting, held by. His Honor Mr. Justice Conolly yesterday, argument was heard upon a. question raised in the case Edward J. Stout and Co. v. I) . D. Woodroffe and Co. The whole of the matters in dispute between the parties had been referred to arbitration, and on& of the arbitrators (Mr. 0. E. Button) referred the following question to the Court for its decision: — "Ought substantial damages to be awarded in respect of profits the defendants might have made if the agreement between the parties had bean fully carried out by the plaintiffs? , Stout and Co. were hardware merchants of Birmingham, and Woodroffe and Co. were their representatives in Auckland. Mr. Thomas Cotter, instructed by Mr. A. i. nn! V appeared for'the defendants, Woodroffo and Co., and Mr. Hugh Campbell (instructed by Messrs. Ilesketh and Richmond) for the plaintiffs. Mi. Campbell admitted that it had been proved his clients had failed to carry out the agreement between the parties. After hearing argument, His Honor answered the question in the affirmative, subject to substantial of profits being shown, and thai such loss was l n e , c l i)y breaches of the agreement. Costs fcxD 10a were allowed.

POLICE COURT NEWS.

. Mtf. T. Hutchison, S.M., presided at the l'olice Court yesterday. Drunkenness: Four first offenders wore convicted and discharged, and Sarah Knight and Alfred Briggs were each fined ss, or in default 24 hours' imprisonment. Breach of the Peace: Two young men named Thomas McGarry and John Hayes were fined 10s each, or in default 48 hours' imprisonment, for fighting in Hobson-slreot. A Juvenile Offender: A lad 14 years of age, named -Tames Neville, pleaded guilty to charges of- breaking and entering five premises of Samuel Tatton Astloy, at New Lynn, and stealing therefrom a watch, chain, and brooch, and £1 13s 9d in money, and, further, with breaking and entering the premises ot John Astloy and stealing sundry articles valued at 7s. His Worship considered this a case where he raielit order the accused to be boarded out, and ordered him to be pent to the Receiving, Homt at Wellington, to be brought tin in the Roman Catholic faith, and the lad's father, a-.railway gangei, to contribute 5s per week towards his maintenance. Resisting the Police: A young man named Charles Clarke, who was tho figurehead of the row at the Ellerslio racecourse on Easter Monday, was charged with resisting Constable McCarthy in the execution of his dutv. Accused appeared in the dock with his' head swathed in bandages. Mr. Baume appeared for tho defence, and said the man had got mixed up in a fight with a bookmaker's clerk at the racecourse, and had alrendv been fined £5 for assault, and asked that he be dealt leniently with. Constable McCarthy gave evidence, and said he had occasion, to arrest another mail at the course, when accused struck .witness in the mouth, and at--ticked him " tooth and nail" for about 10 minutes. Several hundreds of people gathered around, and a- number of undesirable characters ant! " the jockey clement" who freauent. the,course hustled and interfered with the police, and it was with considerable difficulty the man was conveyed to the lockup. notwithstanding the aid "of tho mounted police in cooing with the mob. Accused was fined £5 and costs £1 7s 6cl, or in default, a month's hard labour, and allowed a week within which to pay. A second charge of having in his possession five counterfeit coins, with intent to utter the same, was dismissed, no evidence" being offered. Remanded : A man ot about 30 years of age was chnreed with being a deserter and stoker from PI.M.s. Archer, named James Daniel Chaytor. Sub-Inspector Mitchell said the accused was only arrested on the s.s. Taviuiu yesterday morning, and asked for a remand. Accused denied being the man named Chaytor,. and said his name was Bishop, and. that he had a brother named William Bishop living at Parnell. Sub-Inspector Mitchell said the latter disclaimed any relationship with the man, and said ho had merely got him a, iob on the Taviuni, and thai accused had admitted to Bishop that he was a deserter. Accused was remanded for a week to enable means of identification to be obtained.

. Licensing Laws: Thomas Chapnell. who was represented by -Mr. McGregor, rJeaded cuilty to a charge of being found on licensed promises, to wit, the Newton Hotel, during tho currency of a prohibition order against him, and pleaded not guilty to a second charge of a like nature. Accused explained to the Court that lie went into the hotel in order to take some "medicine," and wanted to demonstrate that prohibition orders were a failure. The first information was withdrawn. and on the second charge accused was fined 90s and costs 17s.

' Theft: A middle-aged man named George ■Miller, alias Roberts."alias Peterson, who described himself as a "bank clerk," was charged with littering a valueless cheque 10 one Mrs. T.arkins, and, further, with obtaining goods to the value of 6? Bd. and £2 10s B<jl in cash, from Mrs. Lark by fraud, by means of a valueless cheque. Accused was also charged with obtaining from Charles Hayles the sum of 8? lOd by false pretences. Evidence was given by Mrs: T.nrkins and Hayles, who are storekeepers. Mr. Pilkington. who appeared for the accused, submitted that there was no evidence of the cheques being" valueless. TTis Worship said appeared to him that the proper charge ■was theft by trick, and not of false pretences, and ordered that prisoner be charged in, this respect. Accused. on being charged. Pleaded not guilty to this charge. ChiefDetective Grace said the accused had been previously convicted, on similar charges. Accused was sentenced to three months' hard labour, to run concurrently, on each of the two charges of theft of moneys from the two prosecutors, the other charges of'uttering and false pretences being withdrawn. . Breaches of By-lows: A 'busdriver named •Tames Cutler, in the employ ot Messrs. Pullan, Armitagc. and Co.. pleaded not euilty to a charge of leaving the Queen-street bus-stand--after the appointed time with a 'bus, of, which he was the driver, contrary to the Provisions of the A.uekJand City Council by-laws. Mr. Peed appeared for the defendant, and Mr. T. C. Turner (traffic inspector) prosecuted, and said the defendant, who was th» driver of n Parr ell 'bus. had left the stand at minutes to twelve a.m. on a day on which it was appointed by time-table that he should leave at half-past eleven a.m. The facts were not disputed, but as a defence Mr. Peed submitted that the license issued to the defendant was invalid, in that the by-law regulations required the actual time of starting of the defendant's 'bus to be endorsed on the back of the license, and that This had not been done, and that if it had H would have been impossible to carry it out. His Worship reserved his decision, and it was decided that, similar chartre? against other drivers in the employ of Pullan and ArmitR ?®> named John Johnson. Eastwood Welsh, and William Jones, should stand over pending the decision, in Cutler's case. In respect ' like • charges against drivers ot Parne'.l buses in the employ of Air. J. Martin, named William Menzie, Owen Mcßinn, John Cooper, and John Higgins, Mr. Reed stated that tho defence was that as the licenses had "Won issued bv the Parnell Borough Council, the City Council nd no legal standing, and could not prosecute. Decision in those cases was also deferred.

Dismissed: Susan Morris -and Cornelius Morris pi oriel fid not cruilly to a charge of assAultins Alexander Blayney at Morningside. •There was a cross-information for assault laid by the defendants. Mr. J. R. Lundon appeared for Blayney and Mr. Gregory for the Morrises. The evidence showed thai the complainant went to expostulate with the Morrises tor removing some stones from i he roadway, and a dispute arose.as to whom they belonged. A melee then occurred, in which it was alleged the parties struck at each other. His Worship, after hearing the evidence, dismissed all the charges, it being shewn that there were faults on both Bides. Prohibition Order: A prohibition order was granted against William Henry McKenzic.

WAIHI COURT. [BY TELEGRAPH.—OWN CORRESPONDENT. Waihi, Wednesday. To-day, before Messrs. J. Leydon and M. King, J.P.'s, A. McKeo was charged with having misappropriated a cheque for £48 17s Ba, belonging to Ralph Montgomery, of Wai*ino, being the amount of the proceeds of gum sold by accused for Montgomery on ■February 14- and not accounted for. Evidence • was given by tho complainant, Jesse King, of the Mercantile Agency, and William Montgomery, in support of the charge. Accused reserved his defence, and was committed to take his trial at the next sitting of the Supreme Court on May 20. Bail was allowed in two sureties of £50 each, and himself in- £100.

, Alf. J. Brown was charged with striking Jno. McGee iD the face with his clenched fly fist. The dispute arose over an account al- * leged to be owing by complainant. Accused was fined 10s and costs, lis, or 48 hours' imprisonment. ' V PAPAKURA S.M. COURT. Mr- Nerthcroft, S.M., held a special sitiprfa titg-of this Court on April 15, when the following cases were considered in regard to ' - old age pensions James Melvenzio,' Mary . Hamilton,- John Deveney, Mary Dobbs and

Francis Creighton were each awarded £18, John Wright and Ellen Sinclair .were ?ach awarded £12, and the application of George Hoye was' refused.[Own Correspondent.]