SUPREME COURT SITTINGS.

Otago Daily Times, Issue 13846, 8 March 1907, Page 6

SUPREME COURT SITTINGS.

(Per United Press Association.) PALMERSTON N., March I At the Supreme Court to-day John Mar'Ju was acquitted 011 a. charge of arson after a lengthy hearing. The evidence throughout was conflicting. The court heard a divorce suit, Ilenry Bailey v. Ethel Ma.y Bailey (respondent) and Herbert I'onks (co-respondent). It appears, that the respondent, married the petitioner at the age o£ 15 year?. They lived together for si short time, and the respondent left on account of the petitioner's alleged cruelty. ! Later on she took a position with co-respondent as housekeeper, and they lived together for a considerable time. The jury returned a verdict that the respondent had been guilty of adultery. • Counsel for the petitioner moved for a decree, which was opposed 011 tile ground that tho petitioner was also guilty of misconduct.- The judge deferred consideration. ' An application for restitution of conjugal rights was. granted to Marshall Knight with Clara . A. Knight. A decree nisi was granted io Susan. Elsie Thorlmrn . against Arthur Thorburn on the ground of cruelty . and drunkenness, the custody of the children being granted to 'the petitioner. WELLINGTON,. March 7. ■ Mr Justice Cooper and a special jury of 12 were engaged , to-(lay in hearing .the ease of John Russell, of Waitara, and George Pott, of Now ' Plymouth,, v. • the Registrar-general of Lands, Tllo'plainlift's had leased from Messrs Murgatroyd liros., who held the land tinder lease from the, Waitara Harbour Board, three acres at Waitara, for tho purposes of a fellniongery, and hail eroded certain buildings and machinery. After these improvements.had been effected the title of tho land was claimed by certain Natives by virtue of a Grown grunt issued to them prior to the registration of the lease or of any grant issued to the Waitara Harbour Board, and tho northern boundary of the land was cla.iincd by tho Natives as a running stream, which separated ii from the remainder of the land included in the plaintill's leasehold. This stream was used by the plaiutilf Pott for the purpose of his business. In August, 1904, the Native owners brought an action against I lie plaintill's, claiming that, they hail trespassed upon the land in question and had dammed, fouled, and otherwise misused the waters (lowing in the stream. On the trial of that action the Native owners recovered damages to the extent of £43 and cost-s. By reason of this verdict Pott declared that the properly was consequently absolutely useless to him. The present ease was brought-for an a&cssiucnl of damages, and the plaintiffs claimed £1000. The jury, after an absence of about threequarters of an hour, returned a verdict for £750 by a majority of ten to two, which, by consent- of the parties, was acceptcd. Judgment accordingly entered, with costs 011 the highest scale. IN'VKRCARGILL. March 7. The local siitings of the Supreme Court concluded -to-day, the whole of the day being devoted to the hearing of a civil suit, Moffntt v. Walsh, a claim for £599 19s 2d for alleged breach on contract. The defendant counter-claimed for £50 deposit paid 011 the purchase of the Carriers' Anns Hotel, Riverton. Walsh had entered into an agreement, to purchase the hotel, but the magistrate refused him a. certificate of fitness, and as he could not get a transfer of the licensc ho withdrew from tho bargain. Decision was reserved.