AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLI, Issue 12736, 13 December 1904, Page 7

AUCKLAND SUPREME COURT

CRIMINAL AND CIVIL PRO. CEEDINGS.

Ike sittings of tho. Supreme Court were continued yesterday, before His Honor Mr. Justice Edwards.

ADMITTED TO PROBATION.

'J mas Keenan. guilty of perjury in connection with a breach of the licensing laws, recently dealt with in tho lower "Court, tame up for .sentence. The ease'had been ordered to stand over for. a. few days, to enable the police to give evidence* to Jveeaau s previous character. Detective Hollis said he had known the accused for a couple of years, for some time as the associate of a gang of larrikins at Newmarket. Constable Alaekle, stationed at Newmarket, said he knew nothing against Keenan beyond the fact that be had associated with "bad 'characters.

His Honor said that perjury, as committed by prisoner, who had "told a lie to save himself, was not as serious as in some other cases, but was, nevertheless, serious enough, and he wanted Keenan and others to understand that they would not be allowed ..o lie with impunity, and that the offence was a grave one. At the same time it seemed that, beyond the fact that he had kept bad company and told a lio in the case tinder notice, the prisoner had not committed any offence against the law. and he was therefore not inclined to send hirei to gaol and make one of the criminal class of him. His Honor then released prisoner, and advised him to leave Newmarket and lii's undesirable associates, and gave him 10 understand that he was expected to conduct himself a* a respectable member ox society. If he failed to do so, he would bo liable to be sentenced on the present conviction. The civil list was then proceeded with. DIVORCE PROCEEDINGS. Johanna Angus v. Alexander Angus. Mr. 0. C. Martin appeared for the petitioner, and there was no appearance of respondent. In presenting the petition, counsel said that the grounds of the application were cruelty and failure to provide for the maintenance of the petitioner over tho statutory period. Tho husband, who, when the couple were married, was a farmer, had knocked about drinking at hotels and attending race meetings, while his wife dug gum and worked on the farm to maintain herself and three children. He had several times assaulted his wife. _ The statement was borne out by petitioner, a respectable-looking woman. She said that while living at Huuua the respondent had beaten her with a horsewhip, and sold up the things, including her wedding presents. Cruelty and ill-treatment was also her portion while they lived at Wairoa South and Papakura. At this stage the hearing was adjourned, to enable counsel to consider the question of amending the petition by including desertion as one of the Grounds. CLAIM AND COUNTER-CLAIM. i Arthur H. Nathan v. John Williams: The plaintiff, a wholesale merchant, of Auckland, claimed £68 Os' Id for goods supplied, and defendant counter-claimed for £475 9s sd. Mi. Baume was for plaintiff, and Mr. Burton for defendant. Counsel for defendant gave notice of the with- I drawal of the counter-claim, and after Thos. F. Wallace, accountant fo. Messrs. Arthur Nathan and Co., had given evidence as to the sum involved in the claim, His Honor gave judgment for the amount claimed (£6B 0a Id), and awarded costs. OASES STRUCK OUT. The actions, Randolph Oliphant Stewart and others v. Mary Stewart (for an order that the estate be administered under direction of the Court), and Sydney Laycock v. Nixon Scott (claim for £50 damages, for alleged wrongful seizure, and £80, value of articles received), were by :»nsent struck out. ALLEGED BREACH OF CONTRACT. Charles Frederick Griffiths v. Charles Henry Greenhead, for decree for specific perfomaDce of agreement, and £50 damages for breach of contract. Mr. E. Maliohy appeared for the plaintiff, and the defendant conducted his own case. In this matter the plaintiff sought to compel the defendant to complete the purchase of a farm at Waitiku, over which he held a lease, with a compulsory purchasing clause. After hearing evidence for the plaintiff, the ease was adjourned. The Court will resume at half-past tea o'clock this morning.