SUPREME COURT.

Star (Christchurch), Issue 5274, 3 June 1895, Page 2

SUPREME COURT.

civil sittlngß. Monday, June 3.

(Before his Honor Mr Justice Dennieton.) The civil sittings of the Supreme Court opened at 11 a.m. LATTKB V. GIERBCHAWBKI. Mr Wilding appeared for the plaintiff and Mr Stringer for defendant. By consent the hearing was fixed for Monday, June 17. 6TUBBOCK V. CBOWTHKR. On the application of Mr Kippenberger, the hearing of this eaße was adjourned sine die. O'BOBKE V. LATTER AND OTHERB. On the applicatiou of Mr Wilding, the hearing of this case was fixed by consent for June 24. BHDTE 7. CLARK AND OTHEBB. This was a friendly Buit to determine the interpretation of a will. Mr Papprill appeared for the plaintiff. The defendants were nob represented, and submitted to the dacision of theConrt. The plaintiff, Sarah Shuie, was the widow of Henry Shute, late of Ohoba, fell* monger, who in his will had bequeathed his real and personal property to her, and had provided that any moneys and propei ties remaining after her death should be equally divided among his mother and sisters. The defendants, William Henry Clark and Robert Wright, of Ohoka, were the executors under the will. The plaintiff prayed the Court to decree that she was entitled absolutely to the whole of the real and personal estate of the testator, and not merely to a life interest therein. Mr Papprill cited authorities in support : of the plaintiff's submission, which was to the effect that the testator wished her to get the whole of his property, and that in the event of there being any balance undisposed of at her death it should be divided among his mother and sisters. His Honor eaid that he thought that the case waß perfectly clear. Under the authorities, the plaintiff was evidently entitled to what ahe Bought. A decree would be issued as prayed. IN DIVOHCE. JOWERS V. JOWKRS.

This waa an application for a decree nisi on the husband's petition.

Mr Papprill appeared for the petitioner. The respondent and the co-respondent, John Davip, were not represented. George Collins Jowers, the petitioner, deposed that be had been married to the : respondent on Sept. 28, 1892, at 8t Paul's Presbyterian Chnrcb, Kaiapoi. There was one child, born fon August 3, 1893. He bad lived with respondent on very friendly terms for two years and three months. About five months ago the respondent went to visit her brother at Woolston. She went on Boxing Day, and petitioner fetched her home on the Sunday after tbe New Year, with two of her brother's children. A man named John Davis was then bearding at her brother's, and petitioner was introduced to him as Mr Jowers. On the following Wednesday respondent took tbe children back, and took all her clothes with her. She took petitioner's child to her siater-in-1 iw's place at Kaiapoi. She did not return, and about a month after his brother-in-law told him she was living with a man at Chris! church. Petitioner had done nothing in the meantime, but when he heard this he went and saw her, at a house near the East Belt. She said that she was not going to undo anything she had done; that she did not want to come back to him. About a fortnight afterwarde he went- to her/house, again, and heard Davib's voice inside. She said that Davis wbb boarding there. She shifted her residence, but petitioner saw her again, and she said that she was living with Davis, and would not leave him. The child was living with petitioner's mother. Corroborative evidence was given by John Cox, Louisa Jane Geogahan and Harry Feast. The last deposed that he had served citations on the respondent and co-respondent, who had been living together as husband and wife. His Honor granted a decree nisi, with costs against the co-respondent, and ordered the petitioner to hare the custody of the child.

TEOTT V. TEOTT.-

This was an application for a decree nisi, on the wife's petition.

. Mr Kippenberger appeared for the petitioner. The respondent was not represented.

Christina Trott deposed that she had been married to the respondent, Henry Trott, ou March 30, 1887, at. Dunedin. One child was born in June, 1888. After the ii.st twelve months her husband, who was £/iven to drink, illtreated and assaulted iier. On March 18, 1892, when they were living at Halawell with her sister, who was between fourteen and fifteen years of age, her sister told her something about her husband's conduct. Petitioner soon afterwards told him she would not live with him. Later in the evening respondent, who was very angry, because petitioner would not speak to him, assaulted her. He afterwards tried to get her to overlook hia conduct, followed her from one r^oom into another, and as she was lying on tbe bed, struck her violently on the head, and then on the face. She was partially stunned,. and he held her by the throat. He made her promise not to tell anybody. She fainted, and he got some water for her. . She wsb in great pain and suffering all night. Next morning he said that it was a merciful thing that he had not killed her, as he had intended to do. He said that if she left him she would not get anything. She was very much bruised, and did not recover from the effectß for several weeks. She afterwards laid a charge of assault with intent to do grievous bodily harm againßt him, but had withdrawn it on a deed of separation being drawn up. She had had the custody of tbe child since.

Evidence in support of the allegation of cruelty and proving adultery on the part of respondent was given by several witnesses.

His Honor granted a decree nisi, with leave to apply for it to be made absolute after three months, and with costs against the respondent. 80L0M0NS V. SOLOSIONB. On the application of Mr Stringer, his Honor agreed to hear this case on Friday or Saturday morning.

[Pjeb Pbxsb Association. I AUCKLAND, June 3. At the Supreme Court Robert Levett, charged with stealing coins, &c, from the Auckland Museum, pleaded puilty, and was sentenced to nine months' imprisonment. William Woodley, for stealing a mare, saddle and bridle at Opotiki, w&b sentenced to twelve months' imprisonment. WELLINGTON, Junb 3. The criminal sessions of the Supreme Court opened this morning. The calendar contains nineteen charges against twentyone pereons. The Chief Justice fully reviewed the case against Nicholson, charged with the murder of a woman with whom he had been living, and pointed out that it web competent for the Grand Jury to apply to have the charge altered to one of man* slaughter if they thought that the evidence warranted it. The other cases are of the usual character. ■ The ■ grand jury threw out the bill Against H. J. Shenele, charged with rape. John Pearson, charged with the theft of .£4O from A. C. Christiansen, at Palmerston North, pleaded guilty, and was remanded for sentence. DUNBDIN, June 3. Thomas Alexander, convicted last session of theft, and sentenced to twelve months probation, had the costs of the prosecution remitted on account of his meeting with an accident. John Hatt, for theft, was sentenced to nix months' imprisonment; James Simpson, attempted suicide, was ordered to come up for judgment, and to enter into his own recognisance of £25; George Gardiner, theft, twelve months; William Mitchell, a youth, larceny, nine months.

William Ward, larceny ot a mare at Taapeka, cix months. Charles Parker, placing an obstruction on the railway near Seacliff, pleaded guilty of the act but not of intent. He was sentenced to the maximum penalty of two years' imprisonment. In. the cftse of John SiDclMrnMitflttft^^ftb

Auckland for failing to comply with a magisterial order for his wife's support; ft true bill was returned. On that being announced the p-rtiea arrived at a settlement, under which the defendant obtained sureties for future compliance, and he was formally senteoced to one hour's imprisonment.