THE COURTS

New Zealand Times, Volume XXIX, Issue 6314, 14 September 1907, Page 8

THE COURTS

SUPREME COURT FRIDAY, SEPTEMBER 13. A COUNTRY CASE. The matter of Feist v. Judd was postponed sine die, but Ills Honor the Chief Justice granted leave for evidence to be taken at Grcytown. TE ARO RECLAMATION. His Honor Mr Justice Cooper heard argument by counsel which lasted the day through, in the oaso of his Majesty the King v. Messrs Halley jind Ewing, timber merchants, of Wellington. At tlie conclusion of counsels’ addresses his Honor reserved judgment. MAGISTRATES’ JURISDICTION (Before Air W. G. Riddell, S.M.) Frederick Arnold and John Miller worn each fined £1 for drunkenness, with the option of seven and fourteen days’ imprisonment respectively. A charge against Thomas Leppor of having no visible lawful moans of sunport was withdrawn, the accused agreeing bo enter the Ohiro Home. A SHIPPING CASE. George Lambert, master of the A.rahura, was charged with failing at the commencement of an engagement with his crow to cause a legible copy of his agreement with the crew to be posted up in some accessible part of the ship. Mr Myers, who conducted the prosecution, said that the information was laid under subsection 1, section 46 of the Shipping and. Seamen Act, 1903. The offence, he was assured, was becoming a very common one, and this case had been brought to warn masters that they must obey the law in this respect. His Worship inflicted a fine of 10a, with costs £1 18s 6d. DISOBEDIENT SEAMEN. Johan Bostrom and Anton Oppenborv pleaded guilty to wilful disobedience of the lawful orders of James White, cautain of the barquentme Alexa, on'which ship the accused were duly articled seamen. Mr P. Jackson, who appeared for the captain of the ship, said that on Thursday a seaman had brought beer on beard the ship for the two accused, and the master Rad seized and destroyed it. Tno accused thereupon refused to do any work, and left the ship. Both accused were fined £l, with costs £1 Is, to bo divided between them, in default two days’ imprisonment. ASSAULT. George Pearce and Patrick Malone were charged with assault on' one Josenh Boucher in Molesworth street on September 3rd. Poaroo pleaded not guilty. Ala lone did not appear. After hearing evidence his Worship fined the accused Pearce £2, with costs ss, and the accused Alalone 10s, in default seven days’ imprisonment. PETTY THEFT. Harold Pearce, a young lad, pleaded iruilty to stealing a packet of tobacco, valued at Is, the property of Joe On Lee. It was explained that the accused had entered the shop of Joe On Leo with, three other and asked for a packet of tobacco. - The Chinese put the tobacco on the counter, and then turned round for a packet of cigarette paoors, for which the accused had also asked. While he was turning round the accused snatched the tobacco from the counter and dashed out with it. His AVorship administered a sound warning and recorded a conviction, ordering the lad to come up for sentence when called upon. BROKEN BY-LAWS. William HalTaßorton and 'Walter Barnes, for driving vehicles an more than a walking pace across the inter-, section of Manners and Willis streets, were each fined 2s, with costa 7s, in deafult seven days’ imprisonment. A similar charge against Robert Burt was adjourned, for a week. Walter Laboue pleaded not guilty to i a charge of negligently driving a vehicle in Adelaide road. ' The. evidence showed that the accused was driving on the ivroug side of the street, and knocked down a cyclist, rendering him insensible. Accused pleaded that he had to go on the wrong side of the street in order to avoid another vehicle, also that the cyclist had been riding -with his head down, not : looking whore he was going. His Worship accepted the defendant’s excuse, and dismissed the case.

Patrick Ring, on the iriformation of Thomas Maher, was fined Is without costs for allowing a horse to wander at Tawa Flat. The same informant also brought a case against William Windley for allowing sheep to wander at North Tukatau road, the defendant being fined Is, with costs 7s. Mr Johnston appeared for the informant, and Mr Morison for tho defendant Windley. A case against William John Parsons for failing to notify the inspector of his intention to erect scaffolding, was dismissed. CRUELTY TO HORSES. David McLouglin, for cruelly illtreating a horse by working it while it was suffering from a sore shoulder, was fined £l, with costs 7s, in default 48 hours’ imprisonment. Sydney Watson, for cruelly overloading two horses, was fined 10s (costs 7s), with the option of twenty-four hours in gaol. , . ALLEGED BREACH OF THE PEACE. Robert William Patterson was charged with using insulting language in Manners street on August 2Sth, in a manner likely to cause a breach of tho peace: and further with loitering on tho footpath after being requested to move on by Constable Turner. Mr Skerrett, Iv.C., with him Mr Blair, appeared for the accused. The prosecution was conducted by Inspector Ellison. Constable Turner said that on the day in question he had seen the accused sitting on a window-sill in Manners street, and requested him to move on. Patterson refused to move on, and wanted to bet the constable £5 he could not shift him from the footpath. Accused also claimed that ho was on private property. The accused seemed as if he wanted to argue tho point with the constable, who thereupon effected an arrest. He took the accused along as far as the corner of Willis street and Lambton quay, where ho called a cab to take the accused to the station. The accused was rather unruly in tho cab. and Sergeant Dale came to the assistance of the constable. All the way to tho station tho officers were subjected to stinging comment and bad' language. At the station the accused was searched in tho same way as all prisoners are. After further evidence, Mr Skerrett for the defence submitted that the case was without foundation. The worst side of the affair was that a citizen

of Wellington had been subjected to tho indignity of a public arrest, and of a searching in the station. And the high-handed, unjustifiable and wanton conduct of the constable was apparently approved of by the Inspector. It had not been proved by the prosecution that the language which tho accused had used was insulting or had been used with intent to commit a breacn of the peace. It would be proved that the accused, when spoken to by the constable, was on private property. Tho constable had no right to ask the accused to move on. If tho owner of the shop, on tho windowsill of which the accused had b<*na sitting, had objected, then tho constable might'have rightfully interfered. Isaac Jackson, plumber. Manners street,, said that he occupied the shop where the accused was sitting. Mis shop stood back a foot froji tho street-line. Tho strip of land between the shop and tho footpath was his own property. Syd. Jackson, son of the previous witness, witnessed tho arrest. Me said the constable forced Patterson’s arm behind his back, and refused his request for a cab. Witness heard accused make no insulting remark to the constable. Me followed the constable to the station, where he offered to bail out the accused. The searching, was carried out after he had offered bail. Cross-examined by Inspector Ellison, witness said ho was-, sure the accused made no insulting remark from the time of his arrest to the time of ; his arrival at the station. He may have made an insulting remark before his arrest.

Frederick Mess said that ho saw the whole occurrence in Manners street. He heard no offensive remark made by tho accused. He thought tho constable was far rougher in his handling of tho accused than was necessary. When the accused asked for a cab the constable said, “You shan’t got a cab; I’ll show you up.” Evidence was also given by JohA Fairbairn and William. Soooncs. The case was then, adjourned for further hearing until Monday, Sept. 16th. CHARGES AGAINST POLICE ’ OFFICERS. Arising out of the above case were two charges of assault, brought by Patterson against Sergeant Dale and Constable Turner. Mr Herdman appeared for the defendant officers. The case was adjourned for the taking of evidence till Monday next. CIVIL. BUSINESS. (Before Dr McArthur, S.M.) UNDEFENDED CASES. Judgment for plaintiff was entered up in the following undefended cases: —James Ashcroft, assignee in the bankruptev of the property of James Delaney, ajT 14s Id (costs ss); the same v. Giles Bradley, £1 I7s 6d (costs 6s); the same v. Thomas S. Philpott, £8 (costs 10s); James Ashcroft, assignee in the bankruptcy of the property of Robert Low v. O’Sullivan and Co., £2 17s (costs ss); Joseph William Pike v. Thoo. Oppler, £l, in addition to 12s paid into Court (costs ss); John Joseph McGrath v. Reginald Hudson, £2 (costs 10s). JUDGMENT SUMMONSES. In the case of Archibald Cambell v.' Charles Edwards, a claim for £2 3s 6d, and William Hamilton, a claim for £2 16s, no orders were made. James A. Bruoe was ordered to pay to E. D. Richards the sum of £7 8s 3d on or before September 27th, .in default seven days' imprisonment. DEFENDED CASES. In the case of James Ashcroft, assignee in the bankruptcy of tho property of Henry Josiah Oakley v. William Henry Lidhrook, a claim for T 32 l&s od, a non-suit was entered against plaintiff. Plaintiff was also non-suited in the case of James Ashcroft, --signee in the bankruptcy of the property of Bobt. Low v. Charles T hompson (Mr Neave), a claim for JXi «s Bd, costs £1 Is being allowed against plaintiff. The Wellington section of the Australasian Federated Seamen’s Union of Workers (Mr Stout) sued Hugh McPhee (Mr Hindmarsh) for £1 4s due for twelve months’ contribution to tho Union. Judgment was given for plaintiff for 4s. John Beck Finlay (Mr Stout) sued David S. Papworth (Mr Tripp) for £4O, as commission on the sale of a piece of land in Coromandel street. After hearing evidence and legal argumonhis Worship reserved judgment until September 20th. PALMERSTON. SUPREME COURT-—CRIMINAL. PALMERSTON, September 13. The criminal sittings of the Supreme Court wore further continued to-day before bis Honor Mr Justice Button. A JURY BAFFLED. A man named Harry Deeley was charged with having stolen an overcoat, a pair of gloves, and £lO in money from R. G. OrichtooT at Palmerston on August 20th. He pleaded not guilty. The evidence was that the articles were taken from a hall where a dance was in progress. The money and gloves, it was alleged, were in a pocket of the coat. ; His Honor remarked that there was no evidence to prove this, and tho jury was not to take it into consideration. The jury, after deliberating for four hours and , a quarter, reported that they were unable to agree, and there was no- prospect of reaching unaoiian-; ity. The foreman asked if a majority verdict would be accepted, but his .Honor replied in the negative. Tho jury was then discharged, the Crown Prosecutor applying for a new trial at the next session. His Honor agreed to this, the accused being released on the same bail as before—self in £IOO and two sureties in £SO each. ANOTHER OVERCOAT CASE. William J. Smith was charged with the theft of an overcoat and £lo'in money from Harold Liddle at Palmerston on August. 2nd, and furthetr with having, received tho goods knowing them to have been dishonestly obtained. Ho pleaded_ not .guilty. The evidence of Liddle was.that the coat, in one pocket of which the £lO was lying with some papers, was removed from a bedroom in a boarding bouse where he was staying. Tho accused, who was not represented by counsel, did not give sworn evidence on his own behalf, but said he i-uew nothing about the charge. After an absence of an hour and a qu.rter ihe jury returned with a verdict of guilty. His Honor deferred passing sentence until to-morrow morning. MISSING TOBACCO. Alexander McGlashan was indicted that on May 2oth last he broke and entered the shop of Matthew Walker

at Foxton and stole therefrom about £lO worth of tobacco. He pleaded nob guilty. Tho only direct evidence against accused was a statement made by him to a detective. Tho defence was a denial of the charge. Tho Judge remarked that he did not think there was sufficient evidence to justify tho jury convicting accused. After a short absence the jury acquitted McGlashan,