MAGISTRATE'S COURT.

New Zealand Mail, Issue 1191, 28 December 1894, Page 29

MAGISTRATE'S COURT.

SiMy, gave judgments for plaintiffs in the following cases on the 20th: -£&ii -'Wilson -:\. A. Johnston,; .£29, costs 43 AVCampbell v. J.Patterson, 17s, costs 7s j "Cook and Laing v. E. Morgan, 43 14s 4d,:costs lis- same v. J. Wilson, 44 16s ld/costs • US; same v. D. Cameron, 46, costs '4l 15s 6d; King and Muir v. DrF. T. Hall, 413 12s Bd, costs £1 15s 6d.; W. Taylor v,W. Hayes, 41 Os 7d, costs 6s; J. Campbell v. <*. Schoch, 42, costs 12s; W. Clarke v.~H. Haughton, 49, costs 41 5s 6d. In the judgment summons case of C- Lamberg and ■■■Coi v. J. Male, claim 439 8s Id,, defendant was ordered to pay forthwith or to : gd to piispn for two months. An application for the re-hearing of the case of ij}.. Homand v. B. Eusso, claim 423 8s 4d, was refused, with 42 2s costs. Mr Haselden appeared for Homand and 'MrWylie.-for Russo. •'?■■ ~ ■-. An interesting case came before Mr Martin,. S.M., in the Magistrate's Court on December 20bb, when F: Loudon, of Petone, sued Mere Te Puni, a young Maori woman, for 411. The facts are that a Maori named Henry Te Puni died ieaving a will bequeathing, his land in different blocks, which will was never proved. Mere Te Puni and other Natives, to whom a section land at the Lower Hutt had been left, obtained a succession order, but in May/ 1894, when the present plaintiff purchased from one of the owners of this block of iand. her share of it, the District Land Registrar refused to register the succession order and transfer, because the dutyon H. Te Puni's estate had not been paid. Mr Loudon accordingly paid the duty oh the whole of the estate in order to g'et his title, and brought this action to recover Mere Te Puni's proportionate share of that payment. f His Worship reserved his decision. . ;Mr Martin, S.M., presided at Thursday's sitting of the Magistrate's Court. Two first offending drunkards were punished in the usual manner, and for a similar offence Charles Harris was fined 20s, or three days-imprisonment in default. The charge of vagrancy against Margaret Bryant was further-adjourned for a week. William Horne, charged with robbery from a house in Peter, street occupied by Mary Winter and Maud- Craig> was sentenced to two months* imprisonment on each charge, the sentencesto.be concurrent. The maintenance case against the three sons of William Henderson was dismissed, as it was shown

that the informant was able to earn his own living. "'■"'''-/•' •' A man "named William Sydney Smith was charged on the 20th at the Magistrate's Court with obtaining goods valued at <£ls by fraud. The police stated there was reason to believe that several local tradesmen had been heavily victimised by the accused, who had represented himself as a wealthy man, and that he had purchased Mr W. A. Fitzherbert's residence at the Lower Hutt for One of his principal transactions was the ordering of .£398 worth of furniture from Mr H. Feilder, of Manners street. ' Accused was remanded for a week, bail being fixed at two sureties of .£25 each. ' .

After hearing argument, His Worship adjourned his decision until next morning. At the Magistrate's Court on Friday, before Mr Martin, S.M., two first offending drunkards were fined 5s each with the usual alternative. George Murray, alias Charles Newton, for being illegally On premises in Cuba street, was sentenced to six months' hard labour. William Thomas, for whom Mr Wilford appeared, was again charged on remand with causing grievous bodily harm to* Laurence Gosling on the 11th instant. Evidence was given that accused struck Gosling' on the face and ear, and that he thereupon fell, his head striking the wharf. The reason given for the blow was that Gosling called Thomas a liar. His Worship further remanded the accused to the 28th instant, fixing the bail at two sureties of £ls each. Nicholas Fitzgerald and John Smith were charged with stealing a clock from the Junior Club on the Bth inst. Fitzgerald; pleaded not and Smith pleaded guilty, and in giving evidence said that Fitzgerald was not with him at the time, and had nothing to do with it. Evidence was also given that Smith sold the -clock, and that the other man was with him at the time. His Worship sentenced each of the accused to three months' hard labour. Henry Harris/for whom Mr Travers appeared, was charged with failing to support his, »wlfe and children. It appeared that Mrs Harris refused to live with her 'husband, and His Worship accordingly dismissed the,case, v

At the Otaki Magistrate's Court on Saturday, Mr Simcox, J.P., presiding, the two men Steddon and Mason, who.are said to come from Sydney, were brought tip.on remand, charged with breaking into the' house schoolmaster, Manakau, and stealing jewellery valued at .£4O. The evidence showed that the day after the robbery the men went to Palmerston North, packed up the jewellery in a bag, and sent it by train to Napier, Where it was to be left until called for.. Acting-Detective Gantley found the missing property at the Napier railway station and took possession of it. They were also charged with breaking open a box belonging to Mr Wilkes, sheep farmer, and stealing articles therefrom valued at .£lB. The box had been left at the Otaki railway station, where it was evidently broken open, aud the articles were found in their possession when arrested-.at. Feilding by Constable Tnohy. Inspector Pender conducted the prosecution. The prisoners, who were undefended, were committed for trial on both charges. Three charges of housebreaking at Hastings are also pending against the accused. The reserved civil case of F. Loudon v. Mere Te Puni,claim for £ll, was decided by Mr Martin, S.M., oh Saturday morning. Loudon had, it will be remembered, paid the duty on the estate of Henry Te Puni, deceased, in order to make good his title to a piece of land belonging to the estate which he ,had purchased from - defendants and now sought to obtain her. proportionate - share of such <Juty. His Worship remarked that whatever the legal position of the parties or the strict letter of the law might be, it would be manifestly against the spirit of equity and good conscience that ;the Natives should be allowed tp take the benefit, as they must do, of -Loudon's meht and repudiate the liability of paying back to him their share of the duty he had paid. He gave judgment for the plaintiff for the amount claimed, with <£2 6s costs. "Mr Menteath appeared for the plaintiff, and Mr Brown for the defendant.