SUPREME COURT.

Otago Witness, Issue 2963, 28 December 1910, Page 58

SUPREME COURT.

His Honor Mr Justice. Williams sat, in Chambers on Friday, and granted probate in the estates of the following deceased persons: —Eliza Church, Marv Lindsay Hunter, Elsie F. C. Bower, Henry Moffat, ami Jessie Higgins. Re Daniel Miller (Brennan v. Public Trustees). —Motion for directions as to service (Mr Woodhou&e).-—‘To bo served on Public Trustee. II s Honor then held a sitting in Bankruptcy to consider a petition by P. Hayrnan and Co. to have Robert Coghill, of Dunedin and Gore, skating rink proprietor, adjudicated a bankrupt.—Mr Statham appeared in support of the petition, thero b°ing no appearance on the other side.— Evidence was given by Max Cohn, attorney for the petitionin'* creditor, to the effect that Coghill was indebted to P. Hayman and Co. in the sum of £3B 17s 9d, for the payment of which there was no security.—R, P, Ward, clerk to the Magistrate’s Court, gave evidence as to a distress warrant in the case of I’. Hay-man and Co. v. Robert Coghill having been levied, and returned nulla bona.—His Honor made an order adjudicating Coghill a bankrupt. CRIMINAL SITTING. Monday, December 12. (Before his Hcnor Mr Justice Williams.) toixock’s CASE. Henry Pollock, in whose case the jury j failed to agree at the last criminal sittings, i was again brought before his Honor, and I a jury of twelve, indicted with having. | about August 30, at Dunedin, attempted j to commit an unnatural offence. He was | also indicted for having indecently assaulted a male person. The court was cleared, and an order made forbiddincr the publica- ' tion of any account of the evidence. | The Crown Prosecutor (Mr J. F. M. ' Fraser) conducted the case for tho Crown, j and Mr Hay appeared to defend. The jury retired at 5.15. and returned a i auarter of an hour later with a verdict ' of not guilty. 1 Pollock was then brought before bis j Honor for sentence on a charge of reccivl ing property, knowing it to have been stolen. | Mr Hay, speaking op behalf of the prisoner. said that it was the first occasion upon ; which Pollock had been convicted of any ■ offence, and tho value of tho goods reI ceived bv him was not more than £l4. I So far as the other person was concerned j it had been suggested that Pollock wns

entirely responsible, but there was no great disparity in their ages. Pollock being §9 and Hogg 21. Counsel handed in letters from several business people, saying that from them prisoner had apparently always been straightforward as far as his business -was concerned. Counsel asked his Honor to bo as lenient as possible The Crown Prosecutor, in reply to his Plonor, said there was no previous convictions against Pollock, but his geiieial character was, after careful inquiry, reported to be bad. His age was 29 y ears. His Honor said; The evidence is that Hogg stole these goods, and that notwithstanding that, he had stolen them he still retained the confidence of his employers and -remained in their employ. there is no reason therefore why I should not apply bis evidence in the present case. His depositions show that he was lead to commit the theft bv accused, and I have no doubt thrt was -so The man who does that is a mischievous character. 1 shall give him the benefit of the fact that ho has not been previously convicted, and the sentence will therefore be a light one. The sentence of the court is that jou be imprisoned for 12 months and kept to hard labour. prisoner fob sentence. T.-scoh Living, who had pleaded gu.dy in the lower court to a charge of theft was brought up for sentence. He said he was drunk at the time he committed thi« offence. Ho had not had any beer fer ft long time, and it took an effect Ul Tho Crown Prosecutor said prisoner was drunk when ai rested. . He had snatched a watch from a. Maori. He had been convicted at Port Cha'mors of drunkenness, obscene language, and theft of a hat. A sentence of six months imprisonment with hard labour, was passed upon prisoner. IN CHAMBERS. Monday, December 19. .Before his Honor Mr Justice Williams.) Probate was granted in the estates of the following deceased persons Thomas Primate, Duncan Gillandere, Geo g Thompson Smyth, and John M Donald. Letters of administration wore granted in the estate of Robert Henderson (deCe ßcWilliam Leary (deceased).— Motion to confirm Registrar’s report (Mr Ramsay). Report confirmed, with costs two Re Edward Pritchard (deceased).— Motion to confirm Registrar's report (Mr —Report confirmed; remuneration accoia Edmond v. Edmond.—Motion to confirm Registrar’s report (Mr Stephens).—Report confirmed; costs in terms of motion. Tonkin v. Trustees, Executors Company. Motion for order in terms of draft (Mi Stephens).—Accordingly. Cameron v. Trustees, Executors Com Danv —Originating summons. Extension carried to March 14, 1911. Dick v. Commercial Property Company. Summons to fix rate of interest on moneys deposited.—The facts, shortly put, are that Thos. Edwin Dick, printer, had been since June, 1903, in the habit of depositing money with the company on current account at call at the rates of interest for the time being allowed by the company on such accounts. The terms were that the depositor could require payment on demand, and interest was calculated on his daily balance. On the 30th November 1908 Mr Dick s credit was £1758 lus 4d ’ and he was entitled to interest from the 30th September. He did not dissent from the determination of the 18th November to wind up voluntarily. On the Ist December, 1908, he demanded £1778 lbs 8d the amount he had deposited on will, with 2i per cent, interest, and notified that unless that amount were paid that day ho would charge 8 per cent, interest. Mr Dick subsequently made this claim for 8 por cent, from the liquidators. They declined to pay the 8 per cent, and »t was agro-ed that ho should receive divi donds with interest at 3j per cent, without prejudice to his claim for 8 per cent., the question of the rate being reserved for , the decision of the court. —Mr Wood house, I appearing for the company, said the only I question was whether the notice of the Ist December put Mr Dick in a better posi- ( tion. lie (Mr Woodhon.se) contended' that ! he was only entitled to the rate of interest fixed on. his deposit. The object of the Civil Procedure Act was to convert non-interest-bearing debts into in-terest-bearing. That did not apply in this case, because the debt was already interestbearing. This demand, said Mr Woodhones, made no difference, or, if it did make a difference, it was for the court to say what the rate should bo, and the invariable practice of the court was to allow the rate previously agreed on between the parties, unless it considered the rate too high, and in that case the court would reduce it. —Mr W. L. Moore, counsel for Mr Dick, said that the object of the statute was to give a jury the power to give damages in lieu of interest. The contract to pay 3A per cent, was broken by the company. When this debt became payable the current rate of interest was extra high, and no doubt Dick suffered by his money being tied up. If ho had proceed against the liquidators for payment they could not have defended the action, and the court would have allowed 6 per cent. —His Honor reserved his decision.

His Honor Mr Justice Williams held a short sitting in Banco on the 20th insr., when the following business was brought before him : Gumming v. hicast. —Motion for removal of a member of the Otago Hospital and Charitable Aid Board (Mr J. MacGregor).— Order accordingly, with costs (£5 ss) and disbursements. Solomon v. the Trustees and Executors Company (re John Stephenson, deceased).— Originating summons to determine share in estate in respect to a deed of settlement. Judgment reserved. Be Charles George Benson, deceased (Trustees, and Executors Company v. Commissioner of Stamps).—Mr W. C. MacGregor for plaintiff. Mr Bedford for the beneficiaries, and Mr I'raser, E.C., for defendant. —Decision reserved. His Honor also sat in Chambers, and granted probate of the will of James Fulton Marshall (deceased). At a sitting in Bankruptcy, before the. Registrar (Mr A. Stubbs), the ex parte petition of Hugh MTntyre (for whom Mr I). Stewart appeared) to have Charles Hastings Bradley adjudicated a bankrupt was heard. —Evidence was taken proving an act of bankruptcy, and an order for adjud.calion was made. Tho court will not eit again until after

the vacation, which terminates on January 31.