THE COURTS.

New Zealand Mail, Issue 1266, 4 June 1896, Page 29

THE COURTS.

SUPREME COURT.

CRIMINAL SITTINGS. The criminal sittings of tho Supreme Court wore opened on Monday morning bofero the Chief Justice. Mr Gully appeared on behalf of the Crown. THE ABORTION CASK. Annie Brown, convicted at the December sittings of procuring abortion, was brought up for sentence. Mr Jellicoe, on behalf of the prisoner, asked that sentence lie postponed, pending an appoal to tho Privy Council. Sir James Prendergast said ho saw no reason for postponing sentence. Addressing the prisoner, he said he would pass a light sentence, as there was this mitigating feature, that tho prisoner was living as the wife of tho other person, and to somo oxtent under his control. Tho prisoner was then sentenced to two years' imprisonment with hard labour. SENTENCES POSTPONED. In tho following cases, in which tho prisoners pleaded guilty, sentences were deferred till next day : —John Young, alias James Saunders, theft of a horse, saddle and bridle ; Peter Mickleson, forging a cheque, value £3, in tho name of A. Hall and uttering tho same to J. J. Casey on 28th February ; William McPhee, theft of a bicycle in March last, the property of C. W. Tanner; Alfred Ross and 'Thomas James Somers, a number of charges of having forged and uttered cheques in the name of Charles Elgar, Martinborough, during April last.

ALLEGED THEFT. Richard Harwood pleaded not guilty to a charge of stealing on 28th April from tho shop of John Herman, Cuba street, an overcoat, 500 cigars, 1000 cigarettes and a quantity of tobacco. Mr Wilford appeared for tho accused.

John Herman, tobacconist, Cuba stroot, said he left his shop about a quarter past 10 o'clock on the night of April 28th, when everything was safe. Next morning ho found that a quantity of tobacco, cigars, cigarettes, and an overcoat had been stolen. Frank George, ,1. Zacbariah and Detective Gantloy also gave evidence; and tho accused gave evidence on his own behalf.

After an absence of 15 minutes tho jury brought in a verdict of not guilty, and the accused was discharged.

TRUE HILLS. Tho Grand Jury presented true bills against Frederick lungan, horse-stealing ; Harry Fields, forgery; Andrew Suttee, perjury and false declaration; Peter Mickelson, horse-stealing"; Camillo Lochor, attempted murder; Charles Guroto, alias Bismarck, theft; John Read, incurring debt by fraud ; David I fanning, assault and robbery: August Peterson, theft; Joseph Thomas Wood, theft (seven cases), NO BILLS. No bills were returned against Thomas Looney (theft) and Richard M. Harwood (breaking and entering). 'The Court adjourned at 5.15 p.m. until 10 o'clock next morning. Tho Chief Justice took his seat on the Bench at 10 o'clock on Tucsd&y morning. THE EX-HATE COLLECTOR AT PALMERSTON NORTH. Joseph Thomas Wood, until recently rate collector, Palmerston North, pleaded guilty of stealing various sums, the property of the Morough Council. The prisoner said he had taken the money without realising the seriousness of his acts. Tho Town Clerk of Palmerston North said tho prisoner bad been in tho employment of the Borough Council for about three years, the whole of the moruy embezzled being about £237. He urged that tho prisoner bo admitted to probation. Tho Judgo said this was a case in which it was not possible to pass a light sentence, as there wero a series of offenc'3B. The prisoner was sentenced to two years' imprisonment with hard labour on each charge, the sontences to bo concurrent. FORGERY AND THEFT. Peter Mickleson, who pleaded guilty to stealing a horse at Masterton, and had been convicted on tho previous day on a charge of forgery, was sentenced on each charge to 12 months' imprisonment with

hard labour, the sentences to bo concurrent. THEFT OF A BICYCLE. William McPhee, who had pleaded guilty on the previous day to tho theft of a bicycle, and against whom thero had been several previous convictions, was sentenced to four months'imprisonment, to commence at the expiry of a term ho was now serving. FORGERY. Alfred Ross and Thomas James Somers, who pleaded guilty on the previous day to charges of forgery, came up for sentence. Sir James Prendergast said tho accused seemed to bo of that class who returned to their usual ways after serving sentences. He said that it was a pity some attempt was not made to assist men on leaving gaol to load better lives. He noticed that tho crime was connected in somo way with the publichouse. Tho accused wero then sentenced to throe years' imprisonment on each charge, the sentencos to bo concurrent. CiSE POSTPONED. Charles Guroto, alias Bismarck, pleaded not guilty to a charge of stealing a horso at Danovirke. On the application of Mr Wilford, the case was adjourned until this morning to allow for the arrival of two witnesses from Pahiatua. ALLEGED THEFT OF LIQUOR. August Petersen pleaded not guilty to stealing a quantity of liquor, the property of Hamilton Gilmer, at Wellington on 12th May. Mr G ully appeared for tho Crown, and Mr Wilford for tho accused. '1 ho evidence for the prosecution was similar to that given iu the lower Court, and has been already published. 'The accused elected to go into the witness-box, when he said ho had no recollection of what took place on tho evening in question. The jury brought in a verdict of nob guilty, and tho accused was discharged. HORSE-STEALING. John Young, alias James Saunders, who pleaded guilty on the previous day to a charge of horse-stealing and theft of a bridle and saddle at Levin was brought up for sentence. Mr Crump asked that tho prisoner be admitted to probation, as he was a respectable man up to tho time of committing these offences, which he committed whilst partly under tho influence of drink. Sergeant - Major Scanlou said he had made enquiries in the district, and he understood that tho prisoner was a bardworking man. Tho Judge did not think tho circumstances wero such as would bring the case within tho Probation Act. Tho prisoner was sentenced to 18 months' imprisonment with hard labour. HORSE-STEALING. Frederick Kingan pleaded guilty to a charge of stealing a horse, the property of Mr Knowlos, at Matarawa, in April last, and was sentenced to 18 months' imprisonment with hard labour. ALLEGED FORGERY. Harry Fields pleaded not guilty of forging a cheque on the National Bank of Now Zealand, Wellington, for £8 lGs in the name of G. Johnson. Mr Gully prosecuted and Mr Wilford appeared for tho accused. Tho evidence tendered was similar to that given in the Court below. The accused, who gave evidence on his own behalf, said ho had purchased tho cheque for £8 from another man. Tho jury retired at 4.30 p.m., and having been unable to agree on a verdict at 10.110 p.m. wero locked up for the night. Tho Court adjourned until 10 o'clock next morning. Sitting in Banco yestorday week tho Chief Justice heard an application by Mr Edwards for a writ of prohibition against tho Native Appellant Court on tho ground that that Court had hoard appeal with regard to tho Otainakapua Block, near Marten, without authority. Sir James Prendergast decided that it was merely a matter of procedure, which the Appellant Court could decide, and not of prohibition, and bo refused the application with .£l2 12s costs. Mr Baldwin opposed tho application. The next case taken was that of Murdock v. Lockie, in which plaintiff had been awarded by a jury tho balance of money duo on a contract to erect the additions recently made t<» tho Poyal Hotel. Mr Travers now applied on behalf of the defendant, first for a new trial, and secondly that tho amount of tho verdict should be reduced by £l4O, tho amount of tho penalties incurred by tho plaintiff not completing tho work within the contract time. Sir Robert Stout opposed the application on behalf of the plaintiff Murdock. His Honor reserved his decision. In the case of Stunell v. Olson, a claim of £3OO damages for seduction. Mr Jellicoe, on behalf of the defendant, moved to set aside tho writ of summons issued by the plaintiff on the ground that the statement of claim did not disclose any legal cause of action. Sir Robert Stout opposed the motion. Tho application was refused, with £5 5s costs. Sitting in Banco on Thursday the Chief Justice heard argument on a motion to set aside the award made by arbitrators in favour of the firm of liing, Harris and Co., in their claim against the Manawatu Farmers' Cooperative Association for damages for alleged broach of contract. Messrs Gully and Skorrett appeared in support of the motion, which was opposed by Sir Robert Stout and Dr Findlay, Argument had not concluded at the rising of the Court, and owing to pressure of business the Judge was unable to fix a day to which to adjourn the case. At the Bankruptcy Court in Auckland Judge Conolly suspended the discharge of Pierce Lauigaii for two years. In doing so, ho said it was a very unsatisfactory case. Some years ago the bankrupt failed for £25,000, and only paid one-fifth of a penny in the pound, but the creditors, thinking it a case cf misfortune, his discharge was granted, and now, after four years, he had liabilities of £IOOO, and no assets. According to his own showing lie was insolvent all that time, but ho borrowed money and spent it in speculating on goldmines He had no doubt he

should havo a crop of these eases arising out of goldfield speculation, which he looked upon as a gambling transaction, not a business transaction, and ho should deal with them differently. Mr Skorrett applied to the Chief Justice on Friday, on behalf of the salvage orew, for an order directing the Marshal of tho ViceAdmiralty Court (Mr D. G. A. Cooper), to sell the barque Coramandol, now lying sunk at the Railway Wharf, and to pay the proceeds into Court. Tho application was granted. i'ho Chief Justico sat in Banco on Friday afternoon to hear argument in tho case of Ani Paki and others v. Pura Rora and others, which was an application for a writ of certiorari to quash an order of the Native Laud Court appointing the defendant Puru Rora successor to a Native named To Awa Awa, in the Awarua Block. Mr Baldwin appeared for the plaintiffs, and Mr Sainsbury, Napier, for the defendants. The Chief Justice decided that the Native Land Court had rightly granted succession by referenco to the title as it stood at tho Native's death, and rofused tho application with 12 guineas costs.