SUPREME COURT.—CRIMINAL SITTINGS.

New Zealand Times, Volume XXXIII, Issue 5314, 6 April 1878, Page 3

SUPREME COURT. —CRIMINAL SITTINGS.

Friday, April 5. (Before Mr. Justice Richmond.) RECOGNISANCES ESTREATED. Mr. Bell made application to have the recognisances (of George Harris, a witness who neglected to obey his subpoena in the case of Regina v. Walter Oakenden, estreated. Mr. Bell stated that through Mr. Harris’s non-ap-pearance a very grave miscarriage of justice had occurred. The recognisances were ordered to be estreated. IN BANCO. Refers v. Joseph and Co.—This was an application for a rule nisi to set aside an order made in this case on the 22nd February. The consideration of the application was adjourned until Friday, the 12th instant. Gillon v. Macdonald and others.—Mr. Barton, in this case, moved for a rule for attachment' for contempt against Robert Kennedy Macdonald, Robert Kent, Charles McKirdy Jor- . merly part proprietors of th e Evening Argus), and John Hugh Bethune, auctioneer,' for selling part of the subject matter in dispute, pending litigation. The whole affair had changed hands, and he had also intended to apply for an attachment against the purchaser. He read the affidavit of Elliot E’Estrange Barton, a clerk in his employ,' which was to the effect that he attended at the auctionroom of Mr. Bethune on the Ist March. In the presence of Mr. Gillon, a notice protesting against the sale of his' share in the Evening Argus Company, or otherwise dealing with it while it was a matter of litigation in the Supreme Court, was served on Mr. Bethune. At this time there were present the defendants. Mr. Oilivier (their solicitor), and Mr. Perrier (editor of the paper.) Mr. Bethune put up the share, and Mr. Barton, addressing those in attendance, said: “ Whoever buys this share will buy a law-suit at the same time.” Mr. Oilivier advised Mr. Bethune to proceed, the share being knocked down to Mr. Kent for £2O. Messrs. Kent and McKirdy were the only bidders. Since that time the paper had changed hands, and now belonged to and was published under another name by an American gentleman. They (the defendants) had taken the law entirely into their own hands. He asked that the motion might be allowed to stand over. His Honor : I can have no objection to the matter standing over. The motion was allowed to stand over until Tuesday, the 9th instant.