The Courts.

New Zealand Mail, Issue 1024, 16 October 1891, Page 14

The Courts.

R.M. COURT. Mr Robinson, R M., gave judgment for tho plaintiffs yesterday week in the following civil cases J. Smith v H. McDonald, claim £ll 19s 3d, costs £2 13s ; Thompson and Co. v T. Purcell, £1 10s, costs 9s ; W. F. Weston v L. E. Pritchard, £32 19s 4d, costs £1 Us ; Stewart and Co. v R. Walker, £6 9s 2d, coats 10s ; E. W. Mills and Go. v. Mahapuku, £2 ISs sd, costa 7s ; Ballinger Bros v J. H. Perry, £6 10s 4d, costs 10i ; same v W. Spring, 19s, costs 7s ; Stewart and Co. v J. Brown, 12a, costs 6s ; same v K. Garnham, £ll 10s sd, costs £1 Ib. In the iudement summons ease, South PacifioLoan Company v R. W. Mo watt and W. A. Fordham, claim £5 14b, bis Worship ordered the amount to bo paid by the 2nd November, in default three days’ imprisonment. No order was made in the oase J. Staples and Co. v R. Somerville, a claim for £lB 153 The man James MoKaDzie, who was arrested by Detective Campbell on Thurs. day for having assaulted a woman named virraoe Harper, was brought before Mr O. U Graham, R.M., on Friday to answer the charge. The accused pleaded not guilty, stating that it was another man who was the chief aggressor. After hearing the com. plainaut’s evidence, his Worship considered the assault proved, and sentenced McKenzie to one month’s imprisonment with hard la oase on the criminal side of the R.M. Court on Monday, was a simple ease of drunkenness against a man named William Redmond, who has been undergoing curative treatment at the gaol for . a week. There was 153 to pay for bis maintenance, and the amount having been settled, Mr Ebenezir Baker, J.P., who was on the Bench, discharged the man. Mr Robinson. R.M., gave judgment for plaintiffs on Monday in the following civil cases:—J. Young v Mrs M. A, O Neill, claim £2 Is 3d, costs 6s ; E. aud J. Cottle v J O’Neill, £9 Os 10J, costs £1 14s ; T. K. Macdonald v W. B. Greville, £1 2s 6d, coats 6s; Dr Gillon v P. Pahoro, £32 11*, costs

£3 12s ; A. Williams v J. T. Lepper, £3 17*. costs 6s ; Happy Valley Meat Company v H. Cut! bertson, £2 4s 9d, oosts 7s ; samev G. Harris, £1 9s 4d, costs 6s ; C. Smith v C. Brown, £9 2s 7d, costs 10s; same v G. Smith, £1 8s sd, oosts 7s ; same v. M. O’Sullivan, £2 ISs, costa 6s ; same v. T. \ Kmeny, £1 0s 2d, oosts 6s j T. Gordon v Mrs S. T. Frasor, £9, costa x2s. In the case of 11. Fielder v H. Grimes, a claim of £1 9s 61, judgment was given for the doi fendaut. Judgment summons oases weie dealt with by Mr Robinson, R.M., on Monday, as follows L. C. Woolcott vA. Parker, claim £7 16s, order made for the amount to be paid within 7 days, in default seven days’ imprisonment ; J. T. Webber v N. Lonzini, £4 Gs, older for four days’ imprisonment if the amount be not paid within three weeks ; Happy Valley Meat Company v Thomas Giosse, £1 4s lid, to be paid by iustalmonts of 10s a month ; J. YouDg v J. Parman, £5 Ss 101, to be paid by instalments of 10s a week, in default, five days’ imprisonment. Mr C. C. Graham, R.M., presided at the Magistrate’s Court on Tuesday. The only oaso heard was a charge against H. P. Fisher, a'ias Gilbert, for obtainiug by means of falso pretences a suit of clothe**, valued at £3 15s, from Mr Wilson, tailor. Accused who was defended by Mr Jellicoo, ploided not guilty. The evidence of the complainant was to the effect that tho accused oamo to hia shop in Vivian street on the ~7th September, and was measuied for a suit of clothes. A few days later he called for them, stating that ho was working in the Australian Mutual Provident Society's offioe and tendered a cheque for a large amount iu payment. Witness not having enough change to cash it, it was arranged that he (witness) should call at the offioe named che following day, when a cheque for the amount due would be given. Witness went to the offioe, bub ascertained that the accused did not work there. Mr Jollicoe contended that there was no evidence of false pieteoces on the part of the accused, and that the remedy sought should be in the Civil Court. His Worship, however, held different views, aud committed the accused for trial. Bail was fixed, accused in £lO3 and two sureties »£ £SO each. bankruptcy court. A sitting of the Bankruptcy Court was held on Monday morning before His Honour Mr Justice Richmond. The following bankruptcies were declared closed, and 1“® debtors were ordered to come np for their discharge at next sitting : -G. Greenwood, T. C. Rayner, H. Knowles, L. Perrin, J. F* Ryan, and A. Naim. Solicitors’ costs were allowed in the estates of Furness Bros, and Jane Ormsbee. This was all the busi ness. The next sitting of the Bankruptcy Court will be held on Monday, December 7th. SUPREME COURT. A Bitting of tho Supremo Court was held in Banco yesterday week before his Honor Mr Justice Richmond. One oase related to a block of laud in the Wairarapa. The right to out the timber growing on the property was obtained by Messrs Stewart and Co., of Wellington, aud the land was subsequently bought by Mrs E. G. Jelllooe. The question before the Court was as to whether the deed of the Rale of timber should have been executed under tho Native land laws. Mr Hufcchen appeared for Messrs Stewart and Co, Mrs Jellicoo being represented by Mr Chapman. His Honor reserved his decision. His Honor Mr Justice Richmond gave judgment on Monday morning in a case conoerning the Mangaone Block. It was a case stated by the Chief Judgo of tho Native Land Court, as to whether he had junsdiction to hoar two applications for rehearing whioh had not been decided upon previously to the issue of the certificate of title which had been quaßhed by the Court of Appeal. The question for His Honor to decide was as to whether the quashing of the certificate did not vitiate the whole proosed. ings, and he decided that the Native Land Court had still power to go on with the rehearing. _ , , . The oase of Habens v. Hales was heard before His Honour Mr Justice Riobmond, at the Supreme Court on Monday. It was a case in whioh William James Habens, Wm. Godfrey Holdsworth, Alfred Lindsay, James Costin Webb, trustees of the Congregational Church property, Wellington terrace, were the plaintiffs, and Frederiok Wm. Hales and Wm. Vi est Knowles, executors of the will of the late Joseph Burne, were the defendants. The plaintiffs claim to be trustees of a pieee of land in Tinakori road, whioh they say belongs to the Congregational Church : that in IS7S tho transfer of the laud was drawn to a Mr Burne, superintendent of the Sunday School, and hia name was afterwards memorialised on the back of the Crown grant as owner. Since then the rents accruing from the land have been collected on behalf of the Church, but as the defendants who are the executors under Mr Lurue a will, refuse to transfer the land, except under an order from the Supreme Court, the plaintiffs pray : (1) that the defendants be declared to be trustees of the said land holdmg the some upon trust for the plaintiffs ; (2) that the Court do order that the aefendants transfer the land to the plaintiffs ; (3) that in so far as the rents of the property may be under the control of the defendants their be declared trustees thereof, and be ordered to hand-over the some to the plaintiffs. The statement of claim filed by the defen. dants was that they did not know whether the statements of claim were oorreot, and therefore put the plaintiffs to the P™°f them. The laud, they allege, at the time of Mr Burne’a death, vested in him by virtue of the Crown grant. They would, however, submit themselves to the decree of tne Court, and assist tho Court to the utmost In arriving at a decision. Thei plaintiff* were represented by Mr W. H. Quick, Mr Treadwell appearing for the defendants. After hearing tho evidence of several witnesses, His Honor adjourned the case into chambers for further consideration.

On Tuesday, His Honor Mr Justioe Richmond gave his decision in the Sait brought by the Trustees of the CoDgregational Church against the executors of the will of the late Mr Joseph Burne, in reference to a piece of land in Tinakori road. Hi* : Honor made a decree as follows :—(1) That the defendants should be declared to be trustees of the said land, holding the same upon trust for the plaintiffs ; (2) that the Court should order that the defendants transfer the land to the plaintiffs ; (3) that in so far as the rents of the property may be under the control of the dsfencants they should be declared trustees thereof, and be ordered to hand over the same to the plaintiffs. Each party was ordered to pay its own costs. In Chambers on Tuesday morning, before His Honor Mr Justice Richmond, the question as to whether only Resident Magistrate’s Court costs should be allowed in the caße of Me*k v. Attwood, an ac'ion to recover certain articles of jewellery, which was held over at the time of the trial, was decided, His Honor allowing Supreme Court costs on ths lowest scale. Mr Gnlly appeared for the plaintiff, and Mr Hall for the defendant. (PRK3S ASSOCIATION.) New Plymouth, October 8. The criminal sessions opened to-d»y. The Ccurt was occupied nearly a'l day in hearing a case of broaking and entering against W. Barnard, well known in sporting circles. Mr Jellicoe defended. The jury retired, but have not yet brought in their verdict. Leon Jacquash was admitted to probation on a ohargo of catt'e stealing. Sentence was deferred in the charge of rape on a little girl against H. Bayloy, a lad about 15 years old. New Plymouth, October 9. In the Supreme Court to-day Henry Bailey, aged fifteen, was sentenced to two years for rape on a girl five years old. New Plymouth, October 12. The Supreme Couit resumed this morning, when the Crowu Prosecutor entered a nolle prosequi in the case of John Hunter, obatged with rape, the case upon which the jury were disagreed on Saturday. This completes the criminal business. Wanganui, October 12. In the Supreme Court, Gray, for stabbing and wounding, received eight months’ im prisonment with hard labour. (by telegraph.—own corkesponcent.) Wanganui, October 8. The charge of murder against Caroline Peyman was continued in the Supreme Court this morning. The witnesses for the prosecution having given their evidence, which was the same as that given in the lower Court, the accused was placed in the box, and made a long etatement in whioh she strenuously denied having performed any operation upon deceased. At ths conelusion of the accused's evidence the Court adjourned until 10 o’clock the next morning. During the afternoon a juror was taken ill, and the case was interrupted for & while. Wanganui, October 9. Amelia Cole, found gnilty of bigamy, had sentence further deferred for a week. Sheehan, convicted cf unlawfully wounding, was admitted to probation for twelve months. Wanganui, October 13. _ In tho Supremo Court to day, Francis Kenny, charged with maliciously setting fire to the Commercial Hotel on 19th April last, pleaded not guilty. Mr Fitzherbert was for the Crown, and Mr Barnicoatfor the defence. The witnesses for the Crown were Charles R. Laird (owner of the destroyed hotel), Maria Laird (wife of the above), Lmisa Andrews (waitress), Charles McDonald (oook), Arthur Grisbach, Thomas Mahoney, and others. The evidenoe showed that the prisoner had behaved in a somewhat eccentric manner on the night of the fire. He also seems to have spoken occasionally of the difficulty there would be in getting out if the hotel caught fire. The speeches of counsel and His Honxr s summing up were finished by 7 p.m. Tho jury retired at 7 p.m., and returned into Court with a verdict of guilty at 8.50. Tho jury added a rider to the effect that they did consider him responsible for his actions.