THE COURTS.

New Zealand Mail, Issue 957, 4 July 1890, Page 22

THE COURTS.

SUPREME COURT. o Tha Supreme Court was occupied the whole of Friday iu hearing the action of Malone v. Tramway Company. Twenty witnesses were examined, 3nd a considerable quaotity cf the evidence was of a contradictory desciiption. Counsel did not commenoe their address until half-past 9 o’clock, and the jury retired an hour later and returned with a verdict for £llO.

His Honor the Chief Justice granted a rale nisi on Saturday in the case of Bull v. Bull, being an application on the part of the petitioner for a divorce from her husband. The application was heard in camera. In Chambers on Saturday Mr McNab, solicitor of Blenheim, who is engaged in defending John Tucker Robinson, charged with embezzlement, made an application to change the venue of the trial from Nelson to Blenheim. Mr H. D. Bell opposed the motion on behalf of the Crown. After argument bis Honor ordered the venue to be changed to Wellington, and the case will come on for hearing at the neSt criminal sessions.

At the Supreme Court on Tuesday, before his Honor the Chief Justice, the case Wilson v. Zohrab was heard. This was an action brought by Edward Powley Wilson, merchant, of London, against Constantine Edward Zohrab, importer, of Wellington. Mr Jellicoe appeared for the plaintiff and Mr Gully for the defendant. The plaintiff's claim set forth that the defendant by writing on the 26th October, 1887, in consideration of £250 paid by the plaintiff to the defendant, guaranteed and promised a certain Bhare certificate numbered 56 of the United Importers’ Company, Limited, for 50 fully paid up shares in the said Camuany, and also certnin share warrants of the said Company- That the defendant would on demand make good and pay to the plaintiff the dif ference between the said sum actually paid to the plaintiff in respect of the said shares and share warrants. That the defendant also guaranteed that if the affairs of the Company should not have been completely wound up within twelve months from the said 26th October, 1887, that he would pay to the plaintiff the sum of £2OO. That the affairs of the United Importers’ Company were not completely wound up within the period named, and that no sum of mouey has been paid by the liquidators of the said Company. Alt conditions have been fulfilled, entitling the plaintiff to claim the sum of £2OO, which I is stiil due. A counter claim vyas put in by 1 defendant that the plaintiff was indebted to the Unied Importers’ Company for £14515a 9d. The defendant in his counter claim denied all tho claims. Mr Jellicoe said that tha case was virtually settled, as tho defendant’s counsel had intimated lii3 willingness to accept judgment. Mr Gully explained that he had paid £57 7-; 3d into Court, and was now willing to accept judgment. In the counter claim, however, ho proposed calling evidence in support of tho debt. After a long argument Mr Gully elected to be nonsuited, so as to enaVile him to institute proceedings against the United Importers’ Company, on the ground that- the notice of ssaißr.inent Was insufficient. It was agreed between counsel that the sum of £134 be paid into and ri-tiuiid in Court until the end of the Se.ptem'Kr sittings, subject to any other order of tho Court. The Court then rose. When the case of Jamieson v. Falkner was called on Wednesday' morning, Mr Haseldeii, counsel for plaintiff, asked that the ease might be adjourned, as he had told one of his witnesses there wns no chance of the oase being tried for a few days, and that witness was now nut of town. Mr Jellicoe objected to any mlj iiirnment as he wss ready with his witnesses. He thought that if an adjournment was granted the other side should pay the costs of a witness kept in town. Mr Has kleu rather demurred to this, and

promised to be ready to prooeod with the oase on Friday morning, at 10 o’clock. His Honor said he did ~not think witnesses would bo put to any expense by adjourning the case for a few days. »ud granted the adjournment without allowing costs. His Honor the Chief Justice on Wednesday gave judgment in the case of Jack v. Stewart. His Honor came to the conclusion that the parties never oamo to a concluded agreement as to what.tithe defendant’s remuneration should be. The conduct of tho parties during the defendant’s employment confirmed this view. There were no terms stated in any letter, no deductions to bo taken from any accounts of any specified sum for salary or otherwise. On the other hand his Honor was not able to accept the defendant’s evidence that there was a concluded agreement, and that it w&b such as be said, nor was he nble to accept the plaintiff’s evidence that the agreement was concluded, and the salary was to be £IOO a year and such bonuses as they chose to make. The result was, he held, that the defeudant was entitled to be paid a reasonable amount as remuneration for his servicesbut aa manager only, and that his employment should he deemed to have commenced from the earliest term when his services were used. He thought, on the ovidenoe, that £2OO a year was a fair rate, but that the expenses of the defendant’s ho r se be not allowed. His Honor went on to say that he was satisfied that the defendant did on tho 25th or 26th September so conduct himself towards one of his employers as to justify his being dismissed. . He had no doubt that his conduct on that occasion was altogether incompatible with his continuance iu the plaintiff’s service, and that he then intended it to be such. His Honor set the length of the service down at ten months, and gave judgment for £l7O, less the amount of £69 83 lid, making £IOO 11s Id, with costs on the lowest scale. He made also a certificate for two days’ trial, ordering each party to pay one. Judgment for plaintiff on the defendants’ counter claim in the case of Bryant v. Eketahuna Road Board, was given on Wednesday by his Honor the Chief Justice, with £5 53 costs. The remaining cases on the civil list of the present Supreme Court session have been fixed for dates for bearing as follows : Miller, Booth and Co. v. Kipa te Whatanui, Saturday, sth inst.; Hatfield v. Public Trustee, Monday, 7th inst.; Official Assignee in the property of Peter Hutson v. New Zealand Antimony Company, Wednesday, 9th inst. Counsel states that a settlement has been arrived at in the case of Compton and another v. Staples and another, and that the case of Thompson v. Staples and another would also probably be settled out of Court. The case of Kutu Peehi v. Davy, it wa3 also stated, would probably be merged into a special case. The longstanding case of Baylis v Whale was placed at the bottom of the list.

At a sitting of the Divorce Court, held before his Honor the Chief Justice on Wednesday, the decrees nisi previously made in the case of Elley v. Elley and Seale v. Seale were made absolute. In the latter case his Honor also made an order vesting the custody of the children in the female petitioner.

Thursday, June 26. (Before his Honor the Chief Justice and a special jury). BUTCHER V. PAYTON. On resuming, the first witness called was James Macara, coach proprietor, who gave an account of a conversation between himself and plaintiff in reference to getting a billet on the Wairarapa Daily. Witness was surprised when plaintiff told him he had received a week’s notice to leave the paper, because witness thought all along that plaintiff owned the paper. Being cross-examined by Mr Jellicoe, witness said he would not swear that he had not told Mr O’Connor, of Masterton, that Butcher had a good case against. Smith and Hogg. Would swear that lie never said he would see “ Butcher through ” if he commenced an action against Smith and Hogg. After counsels’ addresses the jury retired, and after two hours’ deliberation brought in a verdict for the plaintiff, with one farthing damages. Mr Jellicoe, plaintiff’s counsel, asked for costs, but his Honor refused the application. Friday June 27. (Before l)i3 Honor the Chief Justice and a special jury.) PATRICK MOLONEY Y. ROBERT GiiEENFIELD AND MORGAN STANISLAUS GRACE. The following gentlemen were sworn in as a special jury :—Messrs J. Kirkcaidie (foreman), D. T. Stewart, J. Sloan, J. Maginnity, W. H. Warren, J. McGlasban, C. E. W. Willeston, D,, L Turner, T. McMenamen, J. E. Fulton, T. Field, and S. C. Barraud.

This was an action brought by Patrick Moloney, cab proprietor, against Robert Greenfield and M. S. Grace, the proprietors of the Wellington tramways, for the recovery of LSOO as damages for personal injuries alleged to have been sustained through a tramc-ar colliding wi'h plaintiff’s cab. Mr Skerrett appeared for tho plaintiff and Mr Chapman represented the aefendant. The plaintiff alleges that on the 23rd December a tramcar was drizen against his cab in Manners street, with the result that he sustained permanent injuries through falling from the box seat. Tho defence is that the accident was caused by plaintiff himself, and that the driver of the tramcar was not responsible t'.r the mishap. The plaintiff in his evidence slated that on the day in question, as he was passing a tramcar driven by the defendant in Manners street, the defendant deliberately pulled his horses round, causing the swinglotree of the tram to jrun into the

side of one of plaintiffs horses. The suddenness of the collision caused plaintiff to fall off his box seat, thereby causing injuries which incapacitated him from work for twelve weeks, His cab was also considerably damaged, owing to • the horses having bolted, the result of which was that- the vehicle wa3 capsized. The repairs to the cab amounted to L4O. One of the horses had to be turned out for seven weeks. The doctor’s bill for attending plaintiff was LlO, and he still suffered from the effects of the accident. For the defence it was stated that the plaintiff was endeavouriug to pas 3 between the tram and a milk cart at a sharp pace, and the accident was caused solely by plaintiff himself. A large number of witnesses on each side were examined. The jury retired at 10.30 p.m., and after an hour’s deliberation returned with a verdict for plaintiff; damages LllO.

Tuesday, July 1. (Before his Honor the Chief Justice and a special jury.) HANSEN V. COLE. This was an action brought by William Hansen, through his father. Peter Hansen, to recover damages estimated at Lsosfor alleged undue and severe corporal punishment inflicted upon him by William PluDkett Cole, a master of the Te Aro school, whilst plaintiff was a pupil in the defendant’s school. The statement of claim set forth that in the month of February, 1889, at Wellington, defendant assaulted and beat the plaintiff. The plaintiff was therefore permanently injured in his hand, and has been ever siuco disabled from using his hand, and has suffered, and is suffering, great pain, and was, and is, compelled to incur a liability for medical attendance. Plaintiff prays judgment for L 505 damages. The defence was that the defendant moderately and properly corrected plaintiff, which is the grievance complained of in the statement.

The following gent'ornen were sworn in ns a special jury : —Messrs D. Anderson (foreman), T. J. Gale, R. F, Warmington, W. K. Warren, S. G. Martin, P. Coffey, R. VI. Simps >n, A. E. Rowden, W. Lambert, W. Cock, J. D. Barry, and G. H. Smith.

Mr Jellicoe appeared for the plaintiff and Mr Gully defended. William Hansen, the plaintiff, said he resided with his father, Peter Hansen. Remembered going to school on March 6th of last year. On that occasion had nothing wrong with his thumb. He made a mistake in his lesson during the time he was in class. Mr Cole, one of the masters, called witness out of the class and caned him on the hand and thumb. Witness held out his hand and the cane came across the joint of his thumb. The insi i uinent used was a short thick cane about a 3 thick as a boy’s finger, and split at the end. This took place in the presence cf the other boys. After the punishment a blister rose od his thumb at once. Went home at 12 o’clock, and the pain continued. While on his way home witness showed the thumb to a Mr Hansen, but no relation to witness. Was in pain at this time. O/i arrival at home showed the thumb to his father. !RetitMiuSd from schoo! ilicib tcmoon a * m/ * told to by his father. The pain increased and so did the blister, Hia father took

him to Dr Cole on the 20th May, and all this time the pain remained the same., Dr Coie examined the finger, and ultimately sent witness to the Hospital as an out-patient. Went to the Hospital for about three weeks, seeing Dr Ewart. Was" afterward taken to see Dr Fell ; this would be in September. Father went with him accompanied by the defendant, Mr Cole. Dr Fell put witness under chloroform and operated on the digit. After the operation tb.e pain went away. Did not go to school now. Cannot use the thumb as previously. The bone has been taken out, and it is consequently very soft and tender

By Mr Gully : I was caned because I j was not able to answer my grammar. I was not stubborn and did not refuse to answer when asked by Mr Cole. I have known other b'>ys get a cut over the hand occasionally with a cano. I do not romemher whether the boys usually keep their thumbs down when being caned. Have • heard of a whitlow. Am certain Dr Colo never said anything about a whitlow when examining my thumb. Saw Dr Cole about May, and never went to anybody blse. Hothing was done to the thumb at home. Father looked at my thumb, and said he did not think there was much the matter with it. I told my father that I thought the thumb was broken. I know Mr* Tretheway, a herbalist. I went to him after I had fg, been to the Hospital; I had my thumb ; f t> cut open first on the 31st May, at the * Hospital, by Dr Ewart. Up to that time the swelling kept on my thumb. I wore my arm in a sling for a few days only. By his Honor: I believe there was more force in the caning than any other I ;• liavo had. I could not give any particu- ;,*£ lar reason for saying so. I never had the cane on my thumb before. Peter Hansen, father of the Inst witness f and a bootmaker by trade, said he re* $; raembered his son going to school on the day in question. Thero was nothing the matter with his hand on that day. Re- % raembered the boy returning from school at midday, with his thumb blistered, say* ing that Mr Cole had broken his finger. ! ; ;,' Witness did not encourage him in complaining of the teacher, and witness told him to go back to school, though the boy wished to stay at hoiii<\ The boy laler.fjj, in the day lay down and cried, coin--,;;': plaining of his finger. Did not think the injury was so serious at first, but at length told the boy to go and see Dr Cole. The second time his son visited Dr Cole witness accompanied him, and at the request of the doctor his son was sent to the Hos* . pital. The pain still increased, and as the boy was so restless he got no bleep. ... Witness held the boy when Dr Ewart cut s? open the thumb. After the operation the thumb did not seem to improve, and ths§; yaiii increased. On the 21st May went.with his son to school and saw Mr * Cole and asked what the boy was caned for, and was told that it was because he did not know his grammar. Mr Cole A said the boy was a quiet boy and not generally bad. Subsequently took hi* . son to Mr Tret.heway, a herbalist, but a* the finger did not improve, sent a note to Mr Cole asking him to como d-»wn iO : f: tho shop. Mr Cole came down, and after | a conversation they went together to Dr-1 Fell. Ho would not admit that the | injury to the finger was caused through v* the caning, and v. r on!d not pay (0f... medical attendance on tho ground that.-: by so doing it would admit that thfljj

l■' V t -m If #-* defendant was in the wrong. Mr Cole' and Dr Pell had a private talk before witness and his boy were admitted. Dr Fell examined, the huger in witness’ presence, and said the bone waß diseased, and added that if it were not attended to there would be a possibility of the boy losing a joint of his finger. The boy wan put under chloroform and the operation performed. The finger was cut open ; j the bone came out in three pieces. Dr Fell said before commencing the operation that there was a whitlow on the ] finger, and must have been there before | the boy was caned, and the caning he got would likely have made it worse. A few daya later he took the boy again to Dr Fell, who dressed the thumb, and from that' time it improved. Cross-examined by Mr Gully: Cole, the defendant, told me that he caned the boy because he bad not known his grammar. Never made any complaint to Mr Cole until December. I will swear, so far as I know, that the damage to the boy’s thumb was the result of the caning he received in March. I do not object on principle to the punishment of boys at school when they deserve it. I would sooner have a boy hit on the back than on the hand. ~ ■ . His Honor: The o’ojectiou to that is - that boys occasionally place something between their back and their coat. Dr Cole gave evidence as to the condition of the boy’s thumb. He found it in a chronic state of inflammation. Did not consider there was a whitlow on the boy’s thumb. Had no doubt as to this fact. The power of plaintiffs thumb was merely nominal. By Mr Gully : Would not be surprised to hear that any healthy child being caned on the thumb would be seriously injured, because the mechanism of the hand was so delicately formed. From his experience as a medical man he would sooner let a boy be caned on the buttocks than on the hand. Dr George Ewart, medical superintendent of the Hospital, gave evideuce as to examiuing the plaiutiffs thumb. Was somewhat surprised to learn after this that some dead bone had been extracted. A blow or a fall might occasion the injury, which might have been intensified by the fact that the lad svas scrofulous. By Mr Gully : A slight blow on 6be thumb of a scrofulous boy’s hand might cause the bone to die. Never told the boy’s father that the inflammation was the result of a heavy blow. Chronic inflammation on a thumb might be caused by a neglected whitlow. Lauritz Hanson—no relation to the plaintiff—gave evidence as to meeting the boy on the day he was caned. The boy was crying and appeared in pain. Percy Denton, son of George Denton, a pupil at the Willis street School, remembered Hansen being caned in the month of March, 1889. Hansen could not answer his lesson correctly, and Mr Cole hit Hansen on the thumb of his right hand with a short thick cane. Hansen appeared in great pain, and after returning to his seat began crying. The thumb had a white blister on it. The blows administered were not by any moans gentle—they were severe. By Mr Gully : Have often seen boys cry before. There was nothing unusual about this particular caning. Had often been punished for not knowing lessons. Thought perhaps the blows administered to Hansen were rather heavier than usual. Did not think Hansen was stubborn though Mr Cole might have thought so. Charles Neilson and Charles Fletcher, schoolfellows of the plaintiff, gave similar evidence to the previous witness. This closed the case for the plaintiff. Mr Gully submitted there wa3 no evidence to go to a jury, inasmuch as the whole of t,xie evideuce went to show that the schoolmaster in the ordinary course of school duties administered the usual punishment on a pupil for having committed a Bchool offence. After argument his Honor ruled against counsel, adding that an assault had been committed, and the question for the jury to consider,he supposed, would be whether r«r not the punishment had been justifiable. The jury would have to consider all the facts, whether the caning was severe, also as to the place bn which it was administered, and to see if such punishment wa3 a reasonable one. William Plunket Cole, the defendant, stated that during February and March of 1889 he was teaching at Willis street School. Remembered punishing the boy Hansen. Recollected the caning in question, which was administered for idleness and inattention. He was called out and received one cut on the hand ; after this the boy returned to his Beat and continued \ to show inattention. Witness called the j boy up again and gave him one cut on j each hand. About two days after ex- - 1! amined the boy’s thumb and saw a little white mark on the fleshy part of his thumb. The. boy accused witness of. having hurt it, when witneas replied : “My boy, it looks very like as if you were going to have a whitlow.” Witness eaw the boy’s father, who advised the witness to beat the boy with a strap across the back and not use a cane. Hansen led witness to believe that the damage to the thumb was the result of the caning received. Subsequently Hansen wanted witness to pay for medical attendance, which was refused. Witness then agreed to take the lad to Dr Fell to have the finger examined. No interview, took place between witness and Dr Fell before Hansen came in. Witness told Dr full that the father of the boy was under

the impression that the damaged thumb’ was the result of a caning. Believed the cane used was a new one—it was an •ordinary one.

By Mr Jellicoe : I prefer using a strap to a cane. Sometimes I use a cane, sometimes a strap. Have discontinued using a cane since the middle of lust year. Invariably whip a boy across the hands. Could not Bay what became of the cane which was used to whip Hansen. Boys have frequently complained about being hit across the thumb. Boys dodge about bo, and that is why their thumbs get hit. When I examined Hansen’s thumb I noticed a little white mark but no swelling. Came to the conclusion it was a whitlow long before going to visit Dr Fell. I cannot affirm or deny that I hurt the boy’s thumb. I feel positive that the boy did not cry after the caning. Will swear that the boy was stubborn. Will swear that he was not caned on the second occasion because he would not answer the same question for which he was first caned. Have caned boys severely, but never hit them till they were black in the face. Never caned a boy named W. Cook till he was black in the face. Witness saw Dr Fell perforin the operation, and fainted while it was going on.’ : Dr Fell gave evidence a 3 to examining the boy Hansen’s thumb shortly before last Christmas. From his examination considered the bone was diseased and presented the appearance of a whitlow. Performed an operation, aud had come to the conclusion that the dead bone was the result of a whitlow which had not been opened early enough to save the death of the bone. It was a very common result to find, whou a whitlow had been allowed to run for any length of time without opening, that the bone died. A person having scrofula was more likely to be subject to whitlows than other 3. There was no direct evidence of there having been a whitlow, but there were signs of a low chronic inflammation. Would not attribute the sore to the result of a caning. He advised Hansen not to bring an action against Cole.

Re-examined, the witness said that ke attributed the condition of the boy’s thumb to an old whitlow. This closed the evidence. After counsel addressed the jury, his Honor summed up.

The jury retired at 5.30, and after about an hour’s deliberation theyanswered the issues put to them as follows : No. I.—Was the injury to the thumb caused by the defendant ? No. No. 2. —lf so, what dimages, if any, is the plaintiff entitled to recover! None. No. 3.-—(1) Was the injury caused by a blow given in the reasonable correction of the boy ; (2) was it for idleness, inattention, or other sufficient misconduct for which the boy was corrected. The last two ques‘ions were not answered by the j ury. ' Judgment was accordingly entered up for the defendant, with costs. The Court then adjourned until next morning. BANKRUPTCY COURT. Thursday, Juke 26. (Before his Honor the Chief Justice.) APPLICATIONS FOR DISCHARGE. Henry Alberti, picture-frame maker, applied for his discharge. In reply to his Honor, the debtor said he had lost money through several persons who owed him money clearing out to Sydney. The application was granted. Mr A. Hndfield applied for the discharge of Thomas Ennis, a tailor. It seems the debtor filed his schedule in March, 1885, and was ordered to come before his Honor Mr Justice Richmond for his discharge on the 31st March, 1885 ; but that instead of applying for his discharge he cleared out to Sydney, and had returned recently to make the application. The counsel for the debtor 'explained that the applicant had not been so steady as he might have been. After some further discussion it transpired from the debtor himself that he had been bankrupt in Sydney seven months ago, and had not yet got his discharge. The bankrupt explained that his solicitor had advised him to clear out as it was no use applying for his discharge. He explained that no opposition was shown to him when he filed in Sydney. His Honor finaliy adjourned the matter till the next sittings, and explained that he would consider the matter. - r

Charles Callis, publisher, applied for his. discharge, and as there was no opposition, the application was granted. Henry Foord Wyles applied for his discharge, and as there was no opposition, the application was granted. Mr Jellicoe applied for the discharge of Hyam Hyams, clerk. Mr Travers opposed the application on behalf of certain creditors. • Mr Jeiiicoe asked his Honor to examine the bankrupt’s statement, as it could be se9n from that that the debtor was compelled to file. In reply to Mr Jellicoe, the debtor said the statement which he had signed was true in every respect. By Mr Travers : When witness made the offer of LSO to Miss Mills, he thought he could procure the money from some friends. Witness had paid about L4O in costs in the breach of promise suit. He had sold his life insurance policy to raise _ the money ; ho received about LSO for his policy. Hi« bankruptcy expenses amounted to about Jjß. Witness was in receipt of L 3 per week, Ov»t ef thj» h? bad

to pay 30s per week to his mother for his board and lodging. He had not told Miss Mills that he had LIOO in cash. The only asset he had in )iis possession was a silver teapot suitably inscribed, which had been presented to him as secretary of the Wellington Rowing Club, and lie. said Mr Graham might have it if he wanted it. Mr Travers addressed his Honor at so me length, and pointed out that the debtor had L7B a year to spend, and he contended that the bankrupt should be ordered to pay so much a year to wipe off the money due to Miss Mills under the breach of promise case. He thought the bankrupt could easily pay L 25 per aunum to Miss Mills. After some further discussion, his Honor said he would adjourn the application fill the next sittings, when he would give judgment. Mr W. H. Quick applied for the discharge of W. A. Young. Mr Treadwell appeared to object on behalf of certain creditors. After hearing counsel, his Honor said he would adjourn the matter uniil the next sittings, which take place on the 7th August. Mr Graham (Official Assignee) obtained permission to close bankruptcies in the following estates :—W. Dawn, A. A. Commetti, John Farley, and W. Elliott. The above bankrupts were ordered to come up for their discharge at the next sittings. L 5. 5s legal expenses was allowed Mr Jellicoe out of the estate ofW. Dawn, and L2 2s was allowed him in the estate of John Farley. On the motion of Mr Tanner, W. R. Waters was to appear at the next sittings for his discharge. The Official Assignee obtained leave to sell the book debts in the estate of John Farley. Mr Graham also obtained leave to pay Mr Travers’ bill of costs, subject to taxation, in the estate of C. Callis. The Court then rose.

(PER PRESS ASSOCIATION.) Timaru, Jane 26. The jury were locked up all night in the ease of stealing from the person. This morning they still disagreed, and were discharged. The Crown Prosecutor then applied for a nolle prosequi. A jury of four awarded £65 to Mr Winter, an emplayd at the Atlas Flour Mill, for the loss of his thumb by an accident brought about by the person iu charge setting him to clean cut the elevator, and then starting it without warning him.

Invercap.gill, June 26. At the Supreme Court Samuel Edwards and James Jephson pleaded guilty to larceny of dynamite. Mr Justice Williams admitted them to probation for a year, and ordered the payment of £lO towards the cost of the prosecution. In the divorce case H. J. Hewson v. Hewson and James Stewart (co respondent), his Honor refused the decree, owing to the absence of the petitioner, who, he said, had neglected his wife. He adjourned his decision to enable the petitioner to attend next sitting. Timaru,' June 27. At the Supreme Court, Mr Justice Dennis!on was occupied all day over a claim of £SOO damages for injuries to an infant, a patient in the hospital, through tho carelessness of a convalescent placed in charge. A bronchitis kettle boiled over arid scalded the infant’s head. The plaintiffs sought to show it was the fault of the nurse, but his Honor found differently, and said that if it had been so it would show only an error of judgment, and the institution could not be held liable in such a case. Judgment for the defendant with costs. Timaru, June 29. Mr Justice Denniston heard a peculiar oase yesterday. A father sought to force a married daughter to complete the transfer of a deferred-payment section of 6 acres taken up by her, but made over to him by a written agreement shortly after ; and he had completed the payments for it and the (laughter alleged that the agreement was fraudulent. His Honor found this disproved, bat took time to consider whether the transfer was barred by the provision against marrying.

Auckland, July 2. Argument was heard to-day at the Supreme Court in the case Heather v. the Tauranga and Katikati Permanent Building Society. The question at issue was whether the plaintiff had a right to set off tha amount to his credit on the books of the Society’s investors’ shares as against a mortgage debt owing by him to the Society. After long argument by counsel his Honor Mr Justice Conoliy ruled that the plaintiff had this right, and gave judgment in his favour. Nelson, July 2.

The Supreme Court criminal sessions opened this morning, but there was no case for trial, the only one on the calendar being John Tuoker Robinson, charged with embezzlement of the funds of the Marlborough Sohool Commissioners, the venue of whioh had been changed to Wellington. Mr Pitt, the senior connsel, addressed a few congratulatory remarks to Judge Edwards, which were endorsed by the Crown Prosecutor and acknowledged by Mr Justice Edwards.

DISTRICT COURT. (FROM OUR OWN CORRESPONDENT.) Mabterton, July 2. The District Court was opened to day by Mr Robinson, the only cases set down for hearing being—D. Knight, of Pahiatua, v. E. Barber, ol Wellington, claim of £2OO for wages, and Renal! v. Percy, claim £Bl5. The latter was adjourned till tho 23rd inst. and the former case will be finished tomorrow, when business will oconpy the Court, being the public examination of J. S. Ingle; and Emma, his wife, and Samuel Hounslow, besides the application of the Deputy Assignee to close several estates.

RESIDENT MAGISTRATE S COURT.

At the Magistrate’s Court on Friday, Mr H. W, Robiusou, R.M., adjourned for a week a ease in which J. H. Brans, a tailor of Christchurch, was summoned for disobeying an order of the Court to contribntes s per week toward, the support of his illegitimate child, of which Mary Moore is the mother. James Mackie did not appear to answer a charge of failing to comply with a maintenance order, and Mr Robinson ordered a warrant to be issued for hi 3 arrest. r J his was all the busiuess of tho sitting. On Wednesday an immediate summons was taken out by Mlbs Florence Hazelwood, of the Vivian Company, against Mr Arthur Vivian, to recover the sum of £8 10s 8d for salary, and £8 passage money to .Sydney. The case came oa for hearing before Mr O’. C. Graham, R.M., at 2 o’clock, when the plaintiff gave evidence as to the engagement, aud the fact that the defendant had not paid her. Defendant did not appear, and judgment was entered for plaintiff, with costs, two guineas. Mr Dean, on behalf of the plaintiff, applied for a warrant for immediate execution, which the Beneh granted. At the Police Court on Wednesday Messrs J. C. McKerrow, T. McDonald, and’ Colonel McDonnell oooupied the Bench. Two drunkards, William Humphreys aud Thomas Murphy, were fined 5s each, in default 24 hours. Wm. Henahaw, driver of a cab, was charged by the police with plying for hire within the premises of the Manawatn Railway Company without a lioeuse, and pleaded not guilty of any offence within his knowledge. The police gave evidence as to having seen the accused on the platform, plying for hire, and said that there had been a eonsiderable number of complaints on the same grounds lately. In answer to the accused, the constable stated that the cabs were on the outside of the fence, and there were a number of cabmen there at the time. The defendant said that the practice had obtained for some time, and except on occasions, when they offended th 6 officials, no mention was made of it. Mr Gonld, stationmaster, corroborated the evidence of the constable, and stated that they had had a great deal’ of trouble with the oabmen, and wished to prevent the annoyanca that passengers were at present experiencing. Defendant said that he had driven a cab for six months, and had plied for hire in this way without let or hindrance. He also stated that he had applied to Mr Wallace for a license to allow him to ply for hire on the Company’s platform, but the latter informed him that they could not afford this, as it would cost the Company more for porterage. He (Henshaw) might say that their Union was about to introduce a regulation pieventing the members from getting off their cabs at a!#at the railway stations, and so compelling the porters to bring out the luggage to them. At present the cabmen were acting as porters for the railway company. A fine of 10s and costs was inflicted, and the Court then rose a charge against Louie Brevetty, for having in bis possession smaller flounders than allowed by law, being adjourned till the 11th.