THE COURTS.

New Zealand Mail, Issue 1194, 18 January 1895, Page 31

THE COURTS.

MAGISTRATE S COURT. Mr Martin, S.M., entered np judgment for the plaintiffs in the following civil cases at the Magistrate’s Court on the 10th» —D.I.C. v. J. G. Wilton, <£l 8s 9d, costs 6s ; Aitken, Wilson and Co. v. J. Wilks, £42 11s 7d, costs <£3 17s; J. Smith v. G. Willing, .£l3 10s, costs 5s ; J. O’Donnell v. J. W. Wilson, £2 3s 9d, costs 11s; Pascoe and Co. v. S. Ash, 11s 9d, costs 6s ; M. Duggan v 7 M. McAllister, £3 Is 6d, costs 6s ; Stewart and Co. v. J. McAllister, £lB 5s Id, costs £1 ; same v. M. R. Varnham, £4 19s sd, costs 6s; A. S. Biss v. W. H. Howe, £32 10s Bd, costs £3 lls; same v.,T. E. White, £9 ss, costs £2 3s 6d ; J. Morris v. C. Lewis, 18s 6d, costs 6s ; same v. A. Hanson, £1 18s Bd, costs 7s; same v. O. Winney, 7s, costs 8s; M. J. Cross v. J. Weston, £1 ss, costs 6s; Wellington Loan Co. v. M. R. Taylor, A. Cameron and E. Hayes, £lO 10s, costs £1 18s 6d; New Zealand Government v. Wackrow Bros., 7s, costs 17s; Allan and Hartmann v. C. Tate, £l9 2s, costs £1 15s 6d ; R. Anderson and Co. v. P. W. Bills, £2O 6s Id, costs £2 lls; Cowlam and Greeks v. T. Smith, £1 3s 6d, costs 6s; G. Hall v. Hapi Puketapu, £32 Is, costs £3 6s. Judgment summonses —A. Lilley v. J. Wallis, claim £4 18s, order by consent for payment of 30s per week; E. W. Mills and Co. v. M. Noonan, £4 14s 7d, ordered to pay forthwith or to go to prison for 21 days; M. 'Knapp v. A. Nicholas, £9 4s 2d, no order made. Defended cases —J. O’Brien v. J. Bradeoclc, claim £22 7s 2d, for asphalting, etc. Judgment for plaintiff for £5, with £3 3s costs. The defendant undertook to pay certain orders and to release the plaintiff from the payment of £ll 17s. Mr Wilford for plaintiff, and Mr Skerrett for the defendant. Diamond and Hart v. M. Tatana, claim £4 10s, for work done in enlarging photographs. Plaintiffs nonsuited, with £1 Is costs. Mr Williams for plaintiffs, and Mr Haselden for defendant. G. Remington v. McKee and Gamble, claim £6 lls lOd, for plumbing, etc. The defendants paid. £4 17s into Court, and judgment was given for plaintiff for the amount claimed, less 2s, with £3 Is 6d costs. Mr Hislop for plaintiff, and Mr Paterson for defendants. There was only a light charge sheet at the Magistrate’s Court yesterday week. Ono

first offending drunkard was fined ss, and Nellie Neilson was fined 10s, or 48 hours’ imprisonment in default, for a similar offence. Edward Hamilton, charged with stealing a swag and contents from the Army and Navy Hotel, the property of William Publos, was remanded until Saturday, in order that enquiries might be made with regard to his antecedents. A young man named Charles Hayes, for indecency, was sent to gaol for 14 days. A Port Awanui correspondent telegraphs : —A law case of unusual importance to the residents of the East Coast has been tried here at the Court by Mr Booth, S.M. iFis a claim for <£4oo brought by a well-known storekeeper and sheepowner at Port Awanui, named William Milner, against a Native chief named Karepa Tau. It is alleged by the plaintiff that the defendant and his tribe mustered plaintiff’s sheep and sheared the same, and converted both wool and sheep to their own use. The trouble has arisen over the recent practice of the Natives of the East Coast electing a committee to manage the tribal business. It appears Milner purchased the sheep in dispute from some, but not all, of the five representatives, and paid <£375 for them. The money was not, however, distributed among the members of the tribe. Karepa refused to acknowledge the sale, and asserted that the trustees had no power to sell. Mr Rees, instructed by Mr Delautour, appeared for the plaintiff, and Mr W. J. Napier for the defendants. Mr Napier submitted that the Court had no jurisdiction, as the alleged trespass and conversion of the sheep was a continuous act, and the demand could not be split so as to give the Court jurisdiction. The Court upheld the contention, and struck out all the claims. A well-dressed man named Thomas Wrigley was charged at the Magistrate’s Court on Friday with smoking on the platform of the Government Railway Station on the 17th December, and also with insulting John Jack, head porter, on the same occasion. The defendant, Jack stated, refused to stop smoking on the platform when requested to do so, and also used insulting language to him. Ho first gave his address as at Hongkong, and then at Madras. Mr Wilford, for the defence, argued at some length that the by-laws were not placed in a conspicuous position on the platform, and that, therefore, the defendant could successfully put in the plea of ignorance, and that the by-law was nullfied by the continued tacit consent of the authorities to the practice of smoking on the platform. Defendant was called, and said he could not find the by-laws on the platform, and asked Jack to show him them, but could get no satisfactory reply. He was not smoking at the time Jack spoke to him, but about half-a-dozen others were smoking then, and witness lit his pipe then and smoked it, telling Jack that he believed he was justified in doing as he had done for the last 20 years. His Worship ordered defendant to pay a fine of 10s, with costs <£l 7s sd, for using insulting language, and for smoking on the platform he was ordered to pay the costs, 9s. An instance of heartless ingratitude to a benefactor was brought to light in the Magistrate’3 Court on Friday morning-, when a lad named William Elliott was placed in the dock charged with stealing a ring and other articles, valued at .£2 3s 6d, from Honi Tekiko. The complainant, who is a farmer living at Porirua, stated that he met the youth in the streets of Wellington, and hearing he was starving —having been left behind by a circus company —took him to his station, and promised to pay him for his services if he was a good boy. That he was not a good boy appeared from the fact that two or three days afterwards he disappeared, taking with him certain articles the property of the kind-hearted Native, and was wearing some of them when arrested in Wellington by Constable Hutton. Inspector Pender said the lad came from South Australia, and His Worship sent him to gaol for a month in order that his friends may be communicated with in the meantime.

A question of considerable importance was raised at the last sitting of the Hutt Magistrate’s Court, when T. Oxenham sued a Maori named Epuni for £27. Mr Williams appeared for the plaintiff, and Mr Bunny for the defendant. It appeared that” Oxenham claimed that Epuni was indebted to him for a certain amount, and with Epuni’s solicitor went into the accounts, with the result that a document was drawn up by which Epuni agreed to pay by instalments of £3 a month. Two instalments were paid, and plaintiff then, brought this action for the recovery of the balance. Mr Bunny raised the contention that the document was.a promissory note, and, that being so, it was void, inasmuch as it was made by a Native, and was not accompanied by a translation, as required by the Bills of Exchange Act. The case was adjourned to Wellington for argument. No less than five of the offenders at the Magistrate’s Court on Friday were boys of tender years, all of whom were charged with theft. Three of them —David P. Fisher, Walter R. Styles and John Jenkins —pleaded guilty to stealing a quantity of coal, the property of the Blackball Company. The Company, it appeared, had lately missed coal frojn the railway reserve, and Constable Forster, who was set to watch, detected the accused stealing it. Inspector Pender added that the boys had been in the habit of selling coal in small quantities to a boardinghouse-keeper. Mr Martin, S.M., said he was unwilling to put upon these children the stigma of a conviction, and he should therefore leave them to their parents to punish as they thought fit. The lads were accordingly discharged. The next case concerned two small boys named Charles Physic and Alfred Hutchinson, who had stolen a case of fruit from Mrs Hunt’s cart, and sold it to a second-hand dealer. Hutchinson, whose stepmother said he was always running away from home, was sent to the Burnham Industrial School until he is 21 years of ago. Physio

promised amendment, and tho case was adjourned for a month to soo how ho boliavos - in the monntimo.

Mr Martin, S.M., presided at Friday’s sitting of tlio Magistrate’s Court. Arthur

O’Connell, charged with assaulting John Creighton, oxprossman, who is now in tho hospital, was further remanded for oight days. A misorablo-loolcing woman named Elizabeth Adams was charged with vagrancy, and was sent to prison for twolvo months. For allowing horsos to stray, \\ m. Standon and Win. Tliaclcor wero ordored to pay Os costs each. Win. Ilurrell was fined ss, with 7s costs. Poter Burke was ordered to pay 7s costs, and a similar ohargo against Philip McKenna was dismissed. Bartholomew Mahonoy, for whom Mr Skorrott appoarod, was sentenced to seven days’ imprisonment for indecency in Garrett strooton January 4tli. Michaol Scanlon, charged with carrying 9cwt too much on his vehiclo on tlio Queen’s Wharf, was convictod and ordered to pay 93 costs. A Chinaman named Yong Fay was fined 20s, with 11s costs, for allowing rubbish to remain in his yard in Molosworth streot. Cross charge? of assault preferred by Mathias Clatworthy, against Jane Harding, and by tho lattor against Clatworthy, wore adjournod until March 9 to seo liow tho parties behave in the meanwhile. Hamilton Gallihawk pleaded not guilty to a charge of failing to support his child. Mr H. Jardine appeared for Mrs Gallihawk, and Mr Hislop' for tho defendant. The parties, it appoarod, wero divorced about a yoar ago, and tlio husband took charge of tho child, although no ordor was made as to tho custody of it. Subsequently, according to Mrs Gallihawk, she found that tho child was nob being properly taken care of by tho person in whoso chargo it had boon placed, and accordingly took care of it herself, and sued Mr Gallihawk for its maintenance. His Worship refused to make any ordor. At tho last sitting of the Lower Hutb Magistrate’s Court, boforo Mr Martin, S.M., and Mr J. Cudby, J.P., Angus McDonald was chargod with throwing missiles in Petono on Now Year’s Evo to tho danger of passers-by. He was fined 40s, with 11s costs, and ordorod to find one surety in JIG to koop tho poaco and bo of good conduct for six months. Ho was allowed seven days to find tho suroty, and 14 days to pay tho fmo and costs. John McGill, charged with using indecent

language in Petono on Now Year’s Day,

was remanded till February oth, bail being ' allowed in ono suroty of £ 5. Judgment i was given for plaintiffs with costs in tho following civil cases :—C. 11. Smith v. D. P. Fisher, J 213 10s Gd; W. Inglis v. Pukotapu, £1 9s Gd ; T. Oxenhnm v. Albert Edwards, J2l ; Arthur Gadsby v. Jas. Martin, £1 8s lid. In tho judgment summons case of Thomas Burt v. Enoka Hohepa, claim JJ2B Os Od, defendant was ordered to pay forthwith, or to go to gaol for two months. A somewhat curious caso of alleged uso of threatening language avus investigated by Mr Martin, S.M., on Friday morning, the porson charged boing Charlos son, turf commission agent, and tho in- . formant boing George Bedford, of Lambton quay. Mr Wilford appeared for tho complainant, and Mr Gray for the defendant. Tho complainant stated that on December 7 as ho went out of his shop Charlos Patterson askod him for £2, and on witness denying tlio debt ho threatened him. At tho Queen’s Hotel Charles informed his brother Robert that witness would not pay him, and tho two men followed him to Fornantlos’ shop, liustlod him and tore his coat. Charlos Patterson denied that ho spoko to Bedford or Avallcod near him. Robert Patterson also said ho never saw defendant during tho **barney” with Bedford. Robert Patterson was then charged with assaulting Bedford on the same occasion. Evidence was heard, but Patterson denied tho assault, and said he merely blocked Bedford’s passage so that lie could toll him what ho thought of him. Tlio chargo against Charles Patterson avus dismissed, and Robert Patorson was fined 10s, with £2 3s Cd costs. At the Magistrate’s Court on Saturday, before Mr Martin, S.M., a man namod James Payne was finod 10s for drunkenness, and a first-offender was dealt with in the usual manner. Matthew Edward Pickering was charged with vagrancy. He was liberated, and told that ho would bo sent to gaol for 12 months if lie wore found in town to-day. Elizabeth Olson, charged with having used obscene language, was sentenced to 14 days’ imprisonment. Edward Hamilton, who was convictod a fow days ago of stealing a swag, was brought up on remand, and sent to gaol for six weeks. A singular chargo of extortion, proforrod against a man named Henry Graham, alias Goodwood, Avas investigated by M!r Martin, S.M., on Saturday. William Johnston, a digger on his way from Coolgardio to England, statod that on Friday aftornoon, when

ho was on a hill near the Catholic Como-

tory, Graham carno up, and representing that he was a constablo, arrosted him on a charge of indecency. While going to the Police Station Johnston offered to square tho matter, and, receiving a favourable reply from Graham, gave him all tho money lie had with him (18s), and promised to givo him an additional J 35 tho following day. The-parties then separated, but tho matter was subsequently reported to tho police, and Graham was arrested by ActingDetective Gantloy. His Worship romandod the accused. On resuming, Johnston deposed that accused, who represented himself as a constable, avrostod him near the Catholic comotory on a chargo of indecent conduct, and eventually witness gavo him X'3 18s to let him go, and promised him £5 more tho next morning. Witness then came to tho police station and reported the matter to tho Chief Dotectivo. Replying to Mr Wilford, who appeared for tho accused, witness denied that anything reprehensible occurred between a woman, who spoke to him before Graham appeared, and himself. Ho

had not boon drinking that day. ILo gavo tho man tho money bocauso ho did not want to have to appear at tho Court, but as soon as ho had done so ho felt ho had mado a mistake. Ho was quite suro accusod Avas tlio man who spoko to him. The olfor to square it came from witness, and when accusod said tho Jl3 IBs was not enough, Avitnoss offered a further JIG, which accused said ho would got tho next morning. Tho girl told witness tho man Avas not a policeman, but ho took no notice of her at that timo. A. woman named Kate Sullivan, avlio Avas Avith Johnston at tlio timo, corroborated his statement. Other cvidonco having also boon given, tho accusod, avlio rosorved his defence, Avas committed for trial, bail boing fixed at two sureties of .£35 each, and himself in a liko sum.

Two first offending drunkards wore finod tlio usual amount by tlio Stipendiary Magistrate on Monday,and George W. Jackson, previously convictod, was lined 10s, Avith the option of 48 hours in gaol. James W. Wilson was chargod Avith using indocont language towards his Avife, avlio also requested that ho bo bound over to koop tho poaco. The ease avhs dismissed, as tho informant did not appear. One first offending drunkard was punished at tho Mount Cook Polico Station. A boy namod James Hannon, chargod Avith stealing a pair of boots, was convicted and discharged with a warning that if ho avus brought up again ho Avould either bo sent to gaol or to an industrial school. Among tho civil cases at tho Magistrate’s Court oil Monday Avas one in which B. Larkin, hotolkoopor, Petono, sued W. B. Thomson for JIG 3s. Plaintiff did not attend and his solicitor (Mr Wilford) asked for an adjournment for half an hour, Avhieh was granted. At tho expiration of that timo ho had not appeared, and Mr Wilford elected to go on without him. Ho called threo Avitnesses, whoso evidence, togothor with that of tho defendant,

which had boon taken on commission, showed that at tho beginning of Juno last Thomson was drinking heavily and for several days Avas in a more or less intoxicated state, during which timo ho ran up tho bill which was now sued for. Defendant paid 27s into Court, and Mr Martin, 8.M., gavo judgmont for plaintiff for that amount, but ordered plaintiff to pay the costs, amounting to £2 I Bs. lie also directed that his notes of tho evidence taken should bo sent to the Inspector of Police.

A man named Richard Apps was charged at tho Magistrate’s Court on Tuesday with having obstructed tho working of tiiu Government railway by using brakes on tho 20th December last while coming down tho Rimutaka incline. Tho defendant pleaded guilty, and Mr Wilford, for tho dofonco, said tho man had boon a resident of tho Lower Hutt for over 20 years, and had a wife and 13 children to keep on a salary of d!2 2s a week. On this occasion ho had, contrary to his custom, taken more liquor than was good for him, and declared he was absolutely ignorant of the act ho bad committed. Ill's Worship pointed out that defendant was liable to a penalty of JSGO but in consideration of tho circumstances ho would only impose a tine of 30b, with costs amounting to,£l 8s 4d. Tho alternative would he ton days’ imprisonment, but lie would allow him to pay tho fine by three weekly instalments.

Judgment for plaintilfs was given by MiMartin, S.M., in the following civil cases at tho Magistrate’s Court on Monday:—liarcourt and Co. v. T. lily ton, JIG (ss, costs 10s ; W. Brown v. H. Clements, J 213 Gs (id, costs 15s; W. G. Rees v. A. Camoron, 7s, costs 10s; J. L. Young v. J. Noon, J!3 Os lid, costs Os ; J. H. Pollock v. J. Bull, .£5, costs Os j id. SfcovotiH v. W. Brown, ,£1 8s (id, costs 6s $ J, Campbell v. N, Lhmni, 17s,

costs Os ; G . Hancock v. P. O’Halloran, JH Bs, costs 13s, and ordor made for possession of tonomont to bo given by Tuesday ; Midgley v. 11. Anson, claim .£G, value of clothes detained by defendant, ordor‘mado for clothes to bo given to plaintiff. ’Dofon clod cases —W. Mansfield v. R. Singleton, claim JI2 17s, plaintiff nonsuited with £1 15s costs. Mr Wilford for plaintiff and Mr Gray for defendant. Win. Brmnley, gardener, v. John Hall, Tinakori road, claim .£3O, JUG balance of money lent to A. Hall, deceased, whoso executor plaintiff was, and JUG wagos duo. Plaintiff was nonsuited on tho first item, and on tho second recovered judgment for £7 10s, no ordor boing mado as to costs. Mr Wilford for plaintiff and Mr Skorrott for defendant. C. Russell v. T. Beadnall, claim .£2G or return of a picture. His Worship gavo judgment for plaintiff for tho amount of tho costs, JJ2. Mr Wilford appoarod for tlio plaintiff. A. sad tale of domostic unhappiness was told in the Magistrate’s Court on Tuesday, Avhen Thomas Poarman, a carter, Avas charged by bis Avifo Avith falling to support her. Mr Skorrott appoarod for tho plaintiff, and Mr Wilford for tho defendant. Mrs Poarman stated that she had boon married to tho defendant for 40 years. During the past month her husband had boon constantly drunk, and bad not provided her with as much as a Christmas dinner. When the polico came Avith the summons lie Avas lying on his bed dead drunk. On Saturday night week ho assaulted her so badly that even now she was one mass of bruises. Ho pulled her out of bed threo times, and since then she had not boon ablo to use her right hand. She had had to leave him because she was afraid to live Avith him any longer. In reply to Mr Wilford, she denied taking JU7 Avith her when she left; tho house. Whatever treatment tho defendant got from his son ho dosorvod for his abuso of her. She could not go Back to him again. Mr Wilford

called tho defendant, who declared that his wife had always bad enough money ever since they had been married. Tho day after Mrs Ponrman loft him she told him she had taken JM.7 with hor. .lie had never assaulted or beaten hoi*, and ho was willing to receive her back again. Ho owned to having been on tho drink lately, but bo was a toototallor for 10 months out of last year. Other evidence having been given, ilis Worship ordered tho defendant to pay 20s a week, tho order to be filed in tho Supremo Court. Tho filing of tho order malt os tho payment a first charge ou the property of defendant, and, added Mia Worship, is a now terror to conveyancers, who will have to soarch Supreme Court records to sen if property is free. Mr Martin, S.M.'., presided over Tuesday’s sitting of the Magistrate’s Court. Two first offending drunkards wore punished in tho usual manner. Daniel Davis and. Win. Maher, charged with fighting in Manners street tho previous night, were lined JOs each, with the alternative of 18 hours in gaol. They were allowed a week to find the money. A cabman named Thomas Coos was charged with allowing an unlicensed driver, Reuben Harris, to drive his cab on Christmas Day. Ho was fined Gs, with 7s costs. For failing to produce his license on the sumo day ho was ordered to pay the costs, 7s. Reuben Harris was charged with dri/ing a cab without a license on tho same occasion, and fined £1 with 7s costs. Walter Tyroll, charged with disobeying an order of the Court fertile support of iiis wife, was sentenced to .14 days’ hard labour, but tho warrant was suspended for a day to givo him an opportunity of complying with tho order. A young man named Andrew M'cKerrow was charged before M'r Martin, S.M., on Tuesday, with attempting to discharge a pistol at Fylfx Parry Jones on H'tU

instant. Dr Findlay appeared for the dofondant. Felix P. Jonos, living 1 in Vivian stroot, stated that on tlio afternoon of the 10th inst. ho was in the bar of tlio Empiro Hotel, and in tho course of conversation defendant said, “ 1 liavo shot people in California, and L have a good mind to shoot you.” He produced a pistol, and said it was loadod. He could not say tho muzzle of tho pistol was pointing towards him or anyone elso. At this stago Ilia Worship adjourned tlio case until this morning l . A ohargo of spearing trout in the llutt Diver on Christmas Day was preferred by Mr F. Moor house, Wellington Acclimatisation Society’s rangor, against a young man namod Arthur J'onness in tho Magistrate’s: Court on Tuesday. Mr Gray appeared for tlio Society, and Mr Wilford for tho defendant, who pleaded not guilty. Mrs Swaisland, wife of a farmer living at Belmont, identified the defendant as tho person sho saw standing in the river with a spear on the afternoon of Christmas Day. Ho walked about in tho water for about half an hour. She did not see any trout in his possession, and ho did not do any thing with tho spear. Mrs Goodwin and Mr Swaisland, who wore with tho last witness, said they saw .J'onness using the spear as if to catch fish, but did not see him spoij,r any. F. Moorhouso, rangor, said on January 2, lie told Jonness he had come to soo him about this trout-spearing business. Defendant ownod to having speared two trout, which lie toilr homo. Between 12 and 1 o’clock on Christmas Day ho saw defendant with a spear going towards tho river. Defendant denied tho offence, and said ho only took eels. His Worship said lie would give his decision on Friday.

Among 1 the cases at tho Magistrate’s Court last week was one iu which Andrew Snttio was sued by the Kailway Commissioners for JjlHl 15s, money alleged to liavo boon paid by them to tho Union Steam

Ship Company for tho defendant; by his request in pay .neat of a like sum paid by ilm Company to Messrs Stewart and Co., of Wellington, through tho Bank of Now Zealand, for the defendant on July 2Hth, 189 k, for moneys due by defendant to Messrs Stewart and Co. for goods sold and delivered. It appeared that tho caso of goods was forwarded from Wellington to Lyttelton by a Union Company’s boat, and by rail from Christchurch to Dunedin, where the defendant obtained possession of it. Subsequently he was tried in the Supreme Court, Dunedin, for obtaining possession of it by false pretences, and acquitted without being called on for a defence. At the same time as Messrs Stewart and Co. forwarded the package from Wellington they drew on Suttio n.t Christchurch through tho Bank of New Zealand, which Bank obtained from the Union Company tho amount of tho order, and the Company obtained from tho Bail way Commissioners the amount they had had to pay to the Bank as the Commissioners had handed over tho pack ago to an individual other than the one to whom it was consigned. Tho Commissioners now sought to recover the amount from Suttio, alleging an indemnity from him for any moneys paid.

Mr Wilford, for the defendant, contended that the draft was unauthorised; that tho defendant could not be made to pay tho draft, and therefore tho Commissioners could not force him to do so. He further urged that defendant never saw the draft; that it was not presented to him ; that he paid the charges demanded by tho railway authorities at Dunedin ; that he had no knowledge that the draft was in existence; that the indemnity was given without the knowledge of the existence of the draft, and did not refer to it in any way.

Mr for tho Commissioners, hgv ng rcf"i *fr *

put in the ovidonco taken at Dunedin, submitted that tho indemnity was a good ono ; that tho defendant had acknowledged his liability, and that tlio payment was authorised.

llis Worship reserved his decision

The chargo of obtaining credit by moans of fraud preferred against Win. Smith was

| investigated in tho Magistrate’s Court on Friday. Edgar Jones, of tho firm of Jones and Ashdown, tailors, said the accused wont to his shop on the lltli of December last and ordered some clothes—a suit of black cloth, another suit of tweed, and an overcoat. Two days later ho came again and said ho wanted tlio black clothes as ho had lost a son in Auckland. 110 also • said he was going to the llutt to look at j soino proporty ho was about to purchase. 110 was going to settle near Wellington, ho added, and lie had a private income of about JXIOO a year from Homo. Ho hud boon in tlio habit in Auckland of lending small sums of money to tradesmen, and askod witness if lie know anyone in Wellington who required monetary aceommoc’a.ion. Witness had tho black suit sent tho same day to accused’s residence in Cambridge terrace. The following day accused brought tho suit back for alterations, and said if they could be done ho would call in next morning and pay for them. On tho next day ho came in again and said lie would pay in a few minutes. About 4 p.m. ho returned and askod if the clothes were finished. Witness said he would send, them up when they wore completed. Accused showed him a plan of Mr Fitzhorbort’s properly at the llutt, and said ho had boon engaged with the lawyers all day in going through the deeds of tho property. Witness sont tho trousers and vest of ono suit, and two days afterwards, from wliat ho hoard, ho communicated with Chief-Detective Campbell. Witness gave the accused credit on his representations. Kopiying to Mr Wilford, who appeared for tho accused, witness said ho was not in tho shop when the accused first ordered tho goods. Ho first saw him when tho coat was tried on. By tlio Boncli: When tho coat was returned for alterations, witness, from information received, made enquiries and found that accused was not what ho had represented himself to be. By Mr Wilford: Accused wrote to tho firm saying ho would pay for the trousers and vest as soon as he could. Tho value of tho goods, all of which were made, was AHS, Accused was now wearing tho trousers made for him by tho firm.

After tho evidence of Chief Dotcctivo Campbell, who arrested tho accused, Inspector Pender asked for a remand in order that Mr Ashdown might bo brought as a witness.

Mr Martin, S.M., said tho man was arrested on December 10th. At present thoro was not a shadow of evidence against him.

Inspector Ponder said tho man had only just come out of gaol aftor serving a term of oiglit years. Of courso that was only evidence of suspicion. His Worship said the case must bo dismissed, and tho accused at once left tho Court.