Law Intelligence.

New Zealand Mail, Issue 312, 13 April 1878, Page 16

Law Intelligence.

SUPREME COURT.—CRIMINAL SITTINGS. Friday, April 5. (Before Mr. Justice Richmond.) recognisances estreated. Mr. Bell made application to have the recognisances of George Harris, a Avitness who neglected to obey his subpoena in the case of Regina v. Walter Oalcenden, estreated. Mr. Befl stated that through Mr. Harris’s non-ap-pearance a very grave miscarriage of justice had occurred. The recognisances Avere ordered to be estreated. IN BANCO. Peters v. Joseph and Co.—This was an application for a rule nisi to set aside an order made in this case on the 22nd February. The consideration of the application Avas adjourned until Friday, the 12 th instant. Gillon v. Macdonald and others. —Mr. Barton, in this case, moved for a rule for attachment for contempt against Robert Kennedy Macdonald, Robert Kent, Charles McKirdy formerly part proprietors of the Evening Argus), and John Hugh Bethune, auctioneer, for selling part of the subject matter in dispute, pending litigation. The whole affair had changed hands, and he had also intended to apply for an attachment agfiusfc the purchaser. He read the affidavit of Elliot L’Estrange Barton, a clerk in his employ, which was to the effect that he attended at the auctionroom of Mr. Bethune on the Ist March. In the presence of Mr. Gillon, a notice protesting against the sale of his share in the Evening Argus Company, or otherwise dealing with it while it Avas a matter of litigation in the Supreme Court, Avas served on Mr. Bethune. At this time there Avere present the defendants. Mr. Oilivier (their solicitor), and Mr. Perrier (editor of the paper.) Mr. Bethune put up the share, and Mr. Barton, addressing those in attendance, said: “ Whoever buys this share will buy a laAv-suit at the same time.” Mr. Oilivier advised Mr. Bethune to proceed, the share being knocked down to Mr. Kent for £2O. Messrs. Kent and McKirdy were the only bidders. Since that time the paper had changed hands, and now belonged to and \A'as published under another name by an American gentleman. They (the defendants) had taken the law entirely into their oAvn hands. He asked that the motion might be alloAved to stand over.

His Honor : X can have no objection to the matter standing over. The motion was allowed to stand OA T er until Tuesday, the 9th iustant.

Tuesday, April 9. GILLON A r . MACDONALD. Mr. Barton said he had to ask the Court for leave to move in the case of Gillon \ r . Macdonald, which was not on the paper. This was

a motion ex parte to restrain defendants from interfei’ing Avith plaintiff in the exercise of his rights as a partner in the Argus newspaper. His Honor said unless the case Avas very urgent he could not alloxv it to take precedence oE the others. After Mr. Barton bad been heard in support of his motion, His Honor said he did not think the grounds stated were sufficient to justify the motion taking precedence of other cases on the list. Mr! Barton said, Avith regard to another motion in the same case for a rule against defendant for attachment for contempt of Court, he asked that it he postponed until Friday next. It Avas necessary that Mr Gillon, avlio Avas at present up country, should be in attendance. The motion was set down for Iriday next. GRAEE V. TODD. In this case Mr. Bell made application that it be struck out, as plaintiff did not take the necessary steps to prosecute his action. His Honor made an order striking out the case if the plaintiff did not take certain steps Avithin fourteen days. REGINA V. PALMER AND JACKSON. Mr. T. Hutchison applied for a writ of certiorari to remove this case from the District Court at Waugauui to the Supreme Court at Wellington, Avith a view to making an application for a neAv trial. His Honor reserved his decision. IN BANKRUPTCY. (Before his Honor Mr. Justice Richmond.) APPLICATIONS EOR DISCHARGE. Applications for final discharges Avere granted to Frederick Fiven, Charles Duncan, and A. K. Wallis. RESIDENT MAGISTRATE’S COURT. Monday, April 8. (Before J. C. CraAvford, Esq., R.M.) SCABBY SHEEP. Mrs. Anne White, a settler at Porirua, Avas summoned by George Richardson, Inspector of Sheep, for a breach of the Scab Act. in having neglected to give notice to the Inspector Avithin seven days, of the infection of her sheep. . Mr. CraAvford (to defendant): Do you admit the charge ? Defendant : I did not know that the sheep Avere infected Avith scab. They had not lost their avool, nor Avas there anything to slioav that they Avere infected. Prosecutor stated that he visited the farm of defendant on the 7th ult., and saw several sheep infected Avith scab. They had been dipped. Defendant : Last year you told me to dip them after they were sheared. Prosecutor : You ought to have reported that the sheep Avere scabby long ago. Defendant : I could never detect it. William Parkinson, a settler at Porirua, said he had had 2000 sheep under his superintendence for five years. He had examined the sheep belonging to defendant, and could not discoA'er any trace of sc?.b on them. They Avere perfectly clean, and there Avas not a bit of avool off them. The Resident Magistrate imposed on defendant a penalty of £2 10s. The defendant said there were neighbors of hers with scabby sheep, and they had not been proceeded against. His Worship said he would deal Avith them if brought before him.

Tuesday, April 9. (Before J. C. Crawford, Esq., R.M.) AN INSULTING EELLOAV. Elizabeth Byrne was charged by William Clark, a carpenter, for having, on the 7thinst., unlawfully assaulted him. Mr. Allan appeared for the complainant, and Mr. Buckley for the defendant. Prosecutor stated that on Saturday evening last he Avas drinking at the Branch Hotel, and remained until about half-past 1 on Sunday morning. He had had about six liquors, and a dispute arose Avith defendant, avlio is barmaid at the hotel, about some change. She threw Avitness’s glass of brandy into a sink, and he thereupon called her a blackguard and other vile names. A sailor took the woman’s part, and challenged Avitness to fight, but Avhilst he Avas turning round to do so Miss Byrne hit him a violent blow in the face Avith a jug. Mr. Buckley, for the defence, said prosecutor had brought defendant before the Court in a most coAvardly manner. He had made use of most disgusting language to her, which had justified the action she had taken. Defendant admitted that she had struck complainant, but pleaded that she Avas provoked by the language he had used towards her. James Cotteril, second mate of the Lord, of the Isles, said lie witnessed the assault, which lie considered Avas provoked. Constable Smart deposed that he saAV complainant at nine o’clock on Sunday morning. He told witness about the assault, and said .he Avould make the proprietor of the hotel spring a £5 note. Mr. Crawford said that on prosecutor’s oavu shoAving, without taking any other evidence, he ought to have been turned neck and heels out of the house before the alleged assault took place. If the landlord had “sprung him a £5 note ” proceedings would probably have been stayed. The assault Avas not justifiable, as defendant should not have struck anyone Avith a jug, and he Avarned her that if on any future occasion a quarrel should arise, the proper course for her to take would be .to get the landlord to eject the troublesome individual from the house. He Avould mark his sense of the conduct of both parties by dismissing the case, and refusing to allow costs.