THE COURTS

New Zealand Times, Volume XXIX, Issue 6311, 11 September 1907, Page 7

THE COURTS

TUESDAY, SEPTEMBER 10th. SUPREME COURT TE ARO REUT/AMATION. His Honor Mr Justice Cooper continued tho hearing of the case of his Majesty the Kin" v. Mpssth Halley and Ewing, timber merchants, of this city, which wins commonc( i d last week. This ■/.as an action brought by the Crown ■ recover a small area of land inhaled in the* To Aro reclamation and Ituatod between high and low water • ■ark, and between the old Te Aro or Taranaki Maori Pah and Victoria street. NFt M. Myers, with him Mr Fell, ij>nnn.rod for tho Crown, and Mr C. 11. Treadwell for the defendants. Tho taking of evidence in support of tho defendants’ case was continued. Mr Treadwell called George Henry Bayliss, who gave evidence at considerable length with regard to the condition of tho land in question from 1572 onwards to the time when the reclamation was constructed. Robert Richardson Richmond, civil engineer and licensed surveyor, was called to give expert evidence cs to the accuracy of the plans and maps that had been prepared in the e! : A-; and were submitted for the consideration of his Honor iu connection with tho questions raised in this ease. Ho said that tho lino of high water mark as shown upon the old plans produced could not bo relied upon, and some of them bad been practically taken from the plans plotted from tho survey made by Captain Smith before “the earthquake-’’ In his opinion no reliance could be placed upon the position of high water mark as shown mi these old plans. Mr Loughroy’s plan was tho only reliable record of high water mark. Many of the early surreys were quite incorrect: tho surveyors didn’t take a tenth of tho trouble in those days which they were obliged to take now. Robert Coley, a contractor who had known tho locality and had carted gravel from the beach both above and below high water mark thirty years ago, gave evidence ns to tho condition of tho beach in those days. F>. W. Seaton, civil engineer and licensed surveyor, also gave evidence which bore out the opinions expressed by Mr Richmond that the old plans were quite unreliable for tho purpose of fixing high water mark. Tho hearing of evidence was not conchidod when the Chart adjourned for, the day. THE CONSTRUCTION OF A WILL. Some questions arising upon 1 the construction of the will of the late Charles Robert Bidwilj, sheepfarmer, of Wairarapa, wero argued before his Honor Sir Robert Stout, Chief Justice. Mr A. Gray appeared for the trustees, Messrs E. T- D. Bell and W. E. BidWill: Mr 0. P. Skerrett, K-C.> appeared for the .testator’s infant daughter, Miss Eileen Jeanette Bid will: and Hr Von Haast for testator’s infant son, Charles Robert Bidwill. The duration for his Honor was whether Miea Bidwill ; took a vested estate in the sum of £SOOO sot apart for . her under tho will, and whether ' she was entitled to have —added to her £dooo intones on tho sum o* £SOOO from tho date of the testator’s death, loss. such..sums ns the trustees might properly expend in her maintenance. • ’ Mi* Skfairott argued that it was not necessary at the • present time to detomrino whether Miss Bidwill’s interest in the provision of £SOOO was vested or contingent, because whichever; it was, she-, was entitled to ho maintained out of the income of the fund, and tho mirplus not so expressed slWttld hare been accumulated for her benefit from the date of the testator’s death. Mr Von' Haast contended that the interest on tho fund’ of £SOOO should only be accumulated for her benefit at the expiration of one year from the date of the testator’s death". . After hearing argument at considerable length his Honor reserved judgment- . ■ i

CRIMINAL. JURISDICTION EMITTED TO PROBATIONS'. A young roan named George Harold Nielsen -was brought before liis Honor Mr. Justice Cooler for sentence. Nielsen had pleaded guilty at Carterton to a charge of forging and uttering. His Honor took into consideration the previous good character ci : the prisoner and admitted him to probation for two yoars, but ordered him to pay £3 12s, tbo costa of the prosecution within one month. The prisoner was also forbidden to enter an hotel for i the next two years; MAGISTRATES’ JURISDICTION (Before Mr W. G. Riddell, S.M.) POLICE CASES. Patrick Francis Brosnahau, who pleaded guilty to committing a*grossly indecent act in Lambton quay, on September 9th, was- fined £5, with costs 3s, in default fourteen days' imprisonment. John Desmond pleaded guilty to two charges of stealing articles of clothing, on August 23rd and 29th, and September 9th, The stolen goods were the property of Thomas Cain, Driscoll, and Samuel George Platt. The three vioetims wore shipping men, from whom accused got the clothes on pretence that he was acting for a firm of dyers and cleaners.- Tho - clothes were sold to second-hand dealers- Accused was remanded for sentence to September 18th. Ericstone Olleronshaw, for whom Mr Toogood. appeared, was charged with attempting to supply, at tho Hut't net March 17tn, to Jessie Budd, a certain noxious thing, knowing that tho same was intended to bo unlawfully used io grocure tbe miscarriage of Jessie udd. Accused was remanded till the 18th inst., bail being allowed in accused's own / recognisance , of £IOO, with two sureties of £SO each. CIVIL BUSINESS. In the case of Nathaniel Burgess (Mr Jackson) v* Augusta Helena Carsons, a claim for £5 10s, duo as balance of commission payable on the sale of a boardinghouse, which plaintiff claimed to have-negotiated for defendant, a non-suit was entered, with coste £1 Is, against plaintiff. (Before Dr A, . McArthur, S.M.) Judgment for plaintiff in default of defendant was given in each of the following casesi—M. Harris and Son v. IV, T, Davis, £62 11s 8d (costs £4 Is); T. and W. Young v. G. Williams, £l2 12s (£1 10a 6d): Thompson Bros.. Ltd., y. August St. Remain, £3 3s 4d Minister of R-ailways v. Ada Ellen Pierson, £4 2s (17s), with possession of tenement on or before September 24th‘. . In the judgment summons case of

Ryan Bros. v. Robert Welsby, defendant was ordered to pay £-1 0s od on or before September 21th, in aciauß seven days’ imprisonment. PALMERSTON SUPREME COURT SITTING. (From Our •fp.vu. Cdi respondent.) PALMERSTON, September 10. The quarterly sittings or the hu- I un-mo Court opened here thi-s morning boforo his Honor -Mr Justice Button. His Honor intimated that ho would only he taking the criminal cases, all civil and divorce business hmng mliourned until Monday next, when Mi Justice Cooper would preside. HIS HONOR’S CHARGE. In his charge to the Grand Jury, his Honor said that, although there were seven criminal cases on tho list, only one of them was of a very serious nature. However, tho only duty of tin? Grand Jury was to see whether or not a prima facie case had been made out, a<ul i l .. appeared to him that their task on this occasion would not be very irksome. They should not have any very groat difficulty in finding true bills in all cases submitted to them. "With the exception of tho charge of assault with intent to commit rape, all the cases were of quite an ordinary description. TRUE BILLS. Tho Grand Jury returned true bills in tho following cases:—Richard Daly, false declaration; Tukorchu, assault with intent to commit rape; "William J. Smith, theft; Charles R. Bnshett. theft and forgery ; Apostolos Raptclcs, assault, causing bodily harm: Harry Dooley, theft; Alexander McGlashan, breaking and entering and theft. INDECENT ASSAULT. Alexander McJCco was charged with having indecently assaulted a child aged six years and nine months, at Taihapc, on May 21st last. On the suggof.tion of counsel the Court was cleared during the bearing. Tho jury returned a verdict of “not guilty.” ADMITTED TO PROBATIONJames Handbook, who pleaded guilty before the Stipendiary Macitrato yesterday to having forged and uttered a cheque for £5, was put forward for sentence. His counsel stated that the young man bad no occasion whatever for committing forgery, ns he could easily have obtained money from his brother. His employer was quite willing to take him back, and his brother had undertaken that the man whose name had been forged should not suffer. Therefore, a lenient sentence was asked for, his Honor being urged not to send the youth to prison. His Honor, in remarking that he would deal with accused as leniently as possible, said that it appeared that an impression was abroad that the crime nf Torgery was not a very serious one. But that was not so, as tho crime was one for severe punishment in tho ma- : jority of cases. Accused was admitted to probation for twelve months, conditionally upon his .paying the expenses incurred within tho period of ono week. He was urged to take every opportunity to improve himself and recover his lost character.

ALLEGED FALSE DECLARATION. Richard Daly pleaded not guilty t-o a charge of having, at Foxton, on April 17th. 1906, made a false declaration for the pnrppse of procuring a marrihgo certificate, by falsely representing himself to be a bachelor. The evidence for the Crown was that accused had told the Registrar at Foxton last year that ho was a bachelor, whereas ten years before he had been married in Wellington. A sratement made by him to a detective was also out. in." In the course of it he stated he had not said anything to the Registrar respecting his first marriage. Counsel for the defence contended that even if a false declaration were made it was not done wilfully. His client had not heard of his first wife for seven years, and therefore, in accordance with a prevailing idea, thought ho was a free man. His Honor said he would have to disabuse the public mind, of the idea that a man was free to marry again if ho had not -heard of or from his first wife for seven years. He would not he liable to criminal prosecution, but was not at liberty to contract a second marriage. In any case the jury ccnld leave it to him not to inflict too heavy a penalty.

After half an hour's retirement, the jury returned with a verdict of not guilty.