AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIV, Issue 13602, 22 November 1907, Page 7

AUCKLAND SUPREME COURT

CRIMINAL SESSIONS. ALLEGED BREAKING AND ENTERING. The criminal sessions of the Auckland Supreme Court were continued before Mr. Justice Denniston yesterday. The Hon. J. A. Tole, K.C., Crown solicitor, appeared for the prosecution in each ease. Tito trial of David Green and William Albert Simmonds, two young men, on a charge of breaking and entering the premises of Quong Lee, at Panmure, on September 19, and stealing therefrom £20, was continued. Mr. Moody appeared for the defence.

The taking of evidence having been concluded, and Mr. Moody having addressed the jury. His Honor summed up. The jury retired at 10.20 a.m., to consider their verdict, but remained out until 2.30 p.m., without arriving at a decision. They were then called in, and the foreman announcing that there was no , possibility of their agreeing, they were discharged. Mr. Tole applied' for a. new trial, and the application was granted, the trial to take place this week. The same men were also tried upon a charge of breaking and entei ing the premises of Wong Sang at Greenland on September 10, and stealing therefrom two tins and about 15s in money. Mr. Moody appeared for Green.

The case for the prosecution was that the prisoners called at the house of an employee of Wong Sang at Greenlano shortly after eight o'clock on the morning of September 10, and asked him if he wanted to buy some manure. The hitter said the " boss" was out, and it was alleged that the accused then locked him in, and proceeded to. Wong Sang's house, which was ransacked, 15s. in money being taken. On being charged with the offence the prisoners denied having been in the vicinity of Wong Sang's premises on September 10.

-Mr. Moody called Florence Miller, a married woman, residing in Mount Eden. 'Mrs. Miller Stated that she was a sister of the accused Green, who was residing with her in a house in Newton, near the" Ponsonby reservoir, in September last. She always called her brother about eight a.m., and he could not, in her opinion, have been out at Greenlane on the morning of September 10 without her knowing it. The time which it would take to proceed From Newton to Greenlane was given by Detective Scott as half mi.hour or 35 minutes.

Neither of the accused gave evidence. His Honor having summed up, the jury retired, returning about 40 minutes later with a verdict of guilty against both accused.

Sentence was deferred.

The Court adjourned until 10 o'clock this looming.

CIVIL SITTINGS.

LIST OF CASKS FOR HEARING.

The civil sittings will be commenced before His Honor at 10 o'clock on Tuesday next. His Honor, however, will hold a sitting in. chambers at 10 o'clock on Monday to - determine the order of cases for hearing'. The cases are as follows: —

Before the judge and common jury of 12: John Edward Hardiman (Mr. Reed) v. John Frederick Smith and the Mitohelson Timber Company, Limited {.Mr. Cotter), claim for £1000" damages for alleged, injuries received; Patrick Quinlaa (Mr*. Cave) v., J. G. Swan and .Co. (Mr. Mcßeth), claim for £1000 damages for alleged trespass and seizure; Edward . Allen (Mr.' ; Cotter) v. Edward\Arthui;.DeathVa«dAViii-> Allen Death (Mr. Lundon), claim for £512 10s for commission on Pale of land; •Henry Arnold Talbot Tubbs (Mr. Hammond) v. Auckland University College Council (Mr. Devore), claim for £700 (damages for wrongful dismissal; Charles Augustus Watson (Mr. Skelton) v. National Bank 01 New Zealand, Limited (Mr. rfesketh), claim for £1200 damages; Thomas William Slater (Mr. Bcal- .."Robert Sims. George Sinton, and Wil.»...in Bagriall White, trading as the Waitemata Sawmill Company (Mr. . Picndcrgust), claim for £2000 damages for wrongful seizure, etc. Before the judge and common jury of four: George Mamiket (Mr. Singer) v. Thomas Haiinan (Mr. Cotter), claim for £250 damages for malicious prosecution. Before the judge alone: Patrick Lynch and Margaret Lynch (Mr. Gribbin) v. 'Patrick Glee.»on and Margaret Glceson (Mr. Armstrong), an action lor execution of trusts declared by deed and cancellation of deed of conveyance; Grey LyrinJJurough Council (Mr. Recti) v. Assets Realisation Board (J'tV. Hanna), claim for £63 13s for work done;' Mabel Barry (Mr. Thorite) v. Henry Hollowuv, RobeU John Gwynne, ami Melville Henry Quick (Mr. Swarb'rick), claim for £100 damages for wrongful dismissal; Udolpho Wolfe Company (Mr. Buddie) v. the Great Northern Brewery, Limited (Mr. Earl), action lor injunction, account of sales, and profits; Charles Newman (Mr. Reed) v. Auckland Farmers' Union, Limited (Mr. Parr), claim for £416 13s 4d for work done; Robert Francis Searle (MV. Watts) v. Mary Elizabeth Evans (Mr. Gillies), claim for _£830 damages for breach of covenant and injunction; Edward William Whitehead (Mr. Reed) v. William Joseph Cloudesiey (Mr. Cotter), claim tor" £100 and interest for dishonoured cheque; W. A, Ryan and Co. (Mr. Ma bony) v. Metzger and Co.. claim for £293, balance of account due; Robert Barling (Mr. Earl) v." Joseph Mcßae (Mr. Alexander), an action for specific performance or £2000, for breach of contract; Charles Marshall Buckworth (Mr. Karl) v. William A. lilston and Frank W. lilston (Mr. Cotter), claim for £250 for commission; George Banovich (Mr. Brown) v. Agnes Elizabeth Ann Smith (Mr. Devon.-), action for specific performance of agreement or £500 damages; Tony Mate Pecar (Mr. Brown) v. William Snell (Mr. Cotter), action for £200 damages for alleged slander; Forbes James Hill (Mr. Mahony) v. Thomas Samuel Hill (M'r. Alison), action for specific performance, and counter-claim, specific performance, etc. ; Malcolm Godfrey McGregor (for himself and as executor "of the will of Win, Alex. McGregor) (Mr. Lowrie) v. Settlers' Steamship Company, Limited (Mr. Cotter), action for separate accounts being "taken for the years 1905-6, 1906-7. and the amount payable to plaintiff; Paul Cvitauovich (Mr. Singer) v. Mathew A. Fern, William Morton, and William Smith urner, and- the British and Croatian Newspaper Company, action for £250 damages for alleged libel.

DIVORCE AND MATRIMONIAL CAUSES ACT, 1901.

Without a jury: Stanley Hovcy White (Mr. Devore) v. Caroline White (no appearance) ; Rebecca Marlborough (Mr. Brookfield) v. Charles Walter Marlborough (no appearance): Mary Burns (Mr. Coleman) v. Thomas Burns (no appearance); Emma Elizabeth Sullivan (Mr. Skelton) v. Daniel Sullivan (no appearance); Charles Simich (Mr. Reed) v. Clara Simich, respondent (no appearance), and James Mock, co-respon-dent (no appearance); Rose Flora Hephzibah Horsfall (Mr. Devore) v. James Horsfall (no appearance); Albert Ricketts (Mr. Lundon) v. Emma Ricketts, respondent (no appearance), and Thomas Kneighton Sheldon, co-respondent (no appearance); Emily Meyer (Mr. Pullen) v. John Meyer (no appearance) ; Fanny Emily Gooch (Mr. Pu'.len) v. Charles Augustus Gooch'.(no appearance) ; , Ellen Emma Anketell (Mr. Devore) v. Charles Edward Anketell (no appearance) ; Alfred Rhodes (Mr. Lundon) v. Esther-Rhodes, respondent (no appearance), and Arthur Ludgreen Winter, co-respondent (no appearance); Sydney Herbert Delap Godfrey (Mr. Lundon) v. Margaret May Godfrey, respondent (no.appearance), and Henry" Mills, co-respondent (no appearance; Alfred Thomas Baker (Mr. Lundon) v. Florence Isabella Baker, respondent (no appearance), and John Henry pinner," corespondent (no appearance). i Nullity of marriage: Charlotte , Young (wrongly called Charlotte Eberhardt) (Mr. Brbokfield) v. Edward Heinrieh Carl Eberhardt (no appearance). Custody of children: Ellen Louisa Finlay (Mi-. Devore) v. Robert Finlay.