The Courts.

New Zealand Mail, Issue 993, 13 March 1891, Page 26

The Courts.

SUPREME COURT. . ' Mr Gray, as solicitor for the mortgagors, made an application in Chambers yesterday week for an 'njunction restraining the Registrar of the Supreme Court from proceeding with the sale of the Kaingaroa estate, Chatham Islands. The order was granted and the sale has been consequently postponed. In the Banco Court on Wednesday His Honor the Chief Justice, with the Hon E. Richardson as assessor, sat to adjudicate on a patent case, in which an application was made on behalf of C. Robertson, asking that the decision of the Registrar o f Patentß in favour of an invention by Chas. Campbell be rescinded. Mr Jellicoe, instructed by Mr H. Hughes, patent agent, appeared to support the objection, and Mr Quick opposed it. The patent in dispute was for dredging and shifting gold bearing gravel, the power used being an admixture of water and air. The Registrar bad granted a patent to Campbell, and it was now sought to set this aside on the ground that the principle had already been patented, by Robertson, and the question to be decided was as to how far a new applicant can copy the patent of a previous invention. Evideuce was called by Mr Jellicoe to show the originality of Robertson’s patent, and Mr Quick argued that the principle was not claimed on the oiiginal specification. His Honor, at the conclusion of the evidence, said he would take time to consider his decision, and adjourned the case till Wednesday next. During the hearing of the patent case .iu Banco on Wednesday, His Honor the Chief Justice made some strong remarks in regard to,the Patent Law 3of New Z?aland. He sais that under the provisions it was difficult to determine what was his position in the matter. The Government had pretended thatrit was the intention to assimilate the law with that of England, but the result had been a muddle, so that none of the English precedents would apply.

CRIMINAL SITTINGS. Thursday, March oth. (Before Hiß Honor the Chief Justice.) SENTENCES. Frederick G. Parslow, convicted of forgery, wa3 brought up for sentence. Mr Coates, for the prisoner, said that the witness he had intended to call had left Wellington. Hia Honor said that he was inclined to treat the prisoner rather severely, as the offence had been so often repeated. He would paas a sentence of three years with hard labour. George Thomas, who pleaded guilty on the previous day to a charge of housebreaking, was brought np for sentence. The prisoner, in answer to the usual question, said he had nothing to say, and his Honor sent him to gaol for eighteen months with hard labour. ROBBERY FROM THE PERSON. James Mannix was charged with having robbed Charles Collins of a £L note and four half-sovereigns at the Cricketers’ Arms Hotel on December Gth. Mr Coates appeared for tho prisoner, who pleaded not guilty. Mr J. W. Fletcher was chosen foreman of tho jury. The evidence tendered was similar to that given in the Resident .Magistrate’s Court, and for the defence it was contended that thero was no proof that the prisoner had committed the theft. His Honor having summed up, tho jury retired at 1 o’el >ok, and at 3.45 returned to Court bringing in a verdict of “guilty.” Ihe prisoner was sentenced to 12 months with hard labour. larceny. Thomas Johnstone was charged with having, in conjunction with Jeremiah Driscoll, stolen 203 from James Jones. Mr Coates appeared for the prisoner, who pleaded not guilty. Mr D. Cloks was appointed foreman of the jury. The evidence was identical with that given in the case against Driscoll, found guilty on Monday laafc, and after counsel for the defence hail addressoi the Court, and His Honor had summed up, the jury retired at 4.40 and after an absence of twenty minutes returned a verdict of guilty. Driscoll was then placed in the dock with Johnstone, and liis Honor sentenced each of them to twelve months’ i nprisonment with hard labour. The Court then adjourned till 10 o’clock the following morning.

Friday, March G. (Before His Honor the Chief Justioe ) PERSONATION.

James Morgan was arraigned on a charge of having personated one Alfred Bothorpe at the Wellington general election for tho purpose of voting. Mr Coates appeared for the acoused, who pleaded not guilty. Mr M. Cleary was chosen foreman of the jury. . .. The Crown Prosecutor, m opening tho case, said all that was required to be proved wa3 that certain questions had been put to Morgan which he had answered falsely. He proceeded to call the witnesses examined in the lower Court, and they gave similar evidence as to the identity of the aooused. Mr Coates, for the defenoe, raised a legal point as to whether, in the absence of the original writ, there was any proof of the election. Tia Honor said that that was a law point with which the jury had nothing to do. The facts were virtually admitted. _ The jury then retired and returned m a few minutes with a verdict of guilty. His Honor said that the offence was a seriouß one, but it was uot prevalent in the Colouy, and considering that the prisoner had beon in gaol for three months, he thought he had received suffioieut punishment. He sentenced tho prisoner to bo kept in custody till I o’clock. LARCENY WITH VIOLENCE.

William Crowley and Harry Poulsen were indicted ou a charge of having stolen] the sum of 3s 5d from the person of one Frederick Goston, in Cuba Btreet, on February Ist. Mr Coa:es appeared for the prisoners, who pleaded not guilty. Mr F. Robin was chosen foreman of the jury. After hearing the evidence, which was the same as given in the Resident Magistrate's Court, the jury, after au absanco of half an hour, returned a verdict of guilty. His Honor sentenced each of tho prisoners to two years, with hard labour. This closed the criminal sessions, and the Court rose at 4 p.m.

(BKR PRESS ASSOCIATION. I Oamaru, March 10. At Ihe Supreme Court criminal sitting, before Mr Justice Williams to-day, there was only one case of forgery, against one Andrew KarlSamb. The jury brought jn a true bill, and accused, who pleaded guilty, was sentenced to two years’ imprisonment in Dunedm Auckland, March 10. In the Supreme Court to-day no less than 37 indictments appeared on the calendar, of which the largest proportion are for forgery and false pretences. There are two charges cf criminal libel, arising out of a dispute between a teacher and the School Committee at Opotiki; one wounding and two of rape. Mi Justice Conolly commented on the calendar as a melancholy record, showing, notwithstanding that this is the best season for employment, that crime is evidently on the increase, the calendar being comprised almost entirely of serious offences. , , „ At the Supreme Court the followiag sentences were imposed : —Wm. Smith, for uttering and false pretences, five years ; G. -J. Purbrook, for larceny, twelve months ; George Pyke. for horsestealing, two years ; Alexander Jas. Scott, for false pretences, was released on probation for six months.