LAW REPORTS.

Dominion, Volume 7, Issue 2229, 15 August 1914, Page 11

LAW REPORTS.

SUPREME COURT

CRIMINAL TRIALS JURY DISAGREES The .criminal sessions of the Supreme Court ivoro continued yesterday before His Honour Mr. Justice Hosking, when tho trial of Miehaol Boyle and Joseph Dante on a ahargo of conspiring to defraud an old man, named James Pettigrew, of the sum of £7, was resumed. . Dante admitted previous convictions for breaking and entering and theft and for common theft. . The jurv retired n't a few minutes before 1 p.m. and, after deliberating for i hours, announced, that a verdict could not be agreed upon-. . A new trial was fixed • for Tuesday. ,- next. . J ' .AN ACQUITTAL. A verdiot of "not guilty" was returned . against John Dwyer charged with having' ■ received from one M'Gregor goods to the , value of JBIO 2s. 3d., the property of Kirkcaldie and Stains, well knowing tho same to have been stolen. Accused was defended by.Mr. H. F. O'Leary. His Honour ordered tnat Dwyer should be discharged. CIVIL SESSIONS. . DIVORCE CAUBE9. ; - . v ■ At the civil sessions of the Supreme Court, commencing next Week, the fol- ' ; lowing divorce petitions are set down for hearing:— Reinanet:—Fanny Andrews v. David. ... 'Andrews (petition for judicial separa- :; tion). ... .-..■'■ . : Before a Judge and a jury of 12:—Kath-' leon Greening v. Wm. Henry Greening (dissolution);' Elizabeth Mary Davey. v. Jeremiah Patrick Davey (dissolution).Before a* Judge alone:—Alfred Ernest ; Osborne v. Annie Maria Osborne and another . (dissolution);.- Ellen Louise Barnes v. Joseph Glenham Barnes (dissolution);.. Rachel. Isabella. Phillipson ;V. <■ Ralph Phillipson (dissolution); Jessie ] Fenten'y,' Janies ' Fenlon (dissolution); \ Frances Louise Nicholl 'v., Cecil Constantine Nioboll (dissolution) j 'Caroline Anderson v. Joliu Robert Miner Anderson, (dissolution); Gladys Ellen McLean V. Alexander McLean (dissolution) j Annie' Virginia Rayner Aislabio v. Wm, ■Raivson Aislabie (dissolution); Richard : Smith v. Jane Matilda Smith and ano-. .'ther (dissolution). :'>■'■'. : :( COURT OF APPEAL ; AN EXCHANGE OF LAND. /' On June 29 the Court of Appeal dCv ■_ livered judgment,in the case of Huston v. Lovelock, an action claiming specifio'. performance in connection with an ex- : change of land. Tho oase had been removed from ,the Supreme' Court for.er- . gumenti and,the Court in its decision ordered specific performance. Subse-' quently the Chief Justice (Sir. Robert. Stout), Mr. Justioe Edwards, and Mr. Justice Stringer, heard a, motion by defendant to : set ■ the .judgment -aside on. . the ground that there was no jurisdiction to' Temo.vo , the oase. .'Defendant-, sought.a new' trial or intho. alternative asked for leave to appeal to the Privy Council. The motion was opposed, Mr. C. P. Skerrett, K.C., with Mi . G. H. Fell, appeared in-support of the motion, while Mr. M. Myers, with Mr. C. L, Macdiarmid,' of Hamilton, appeared for the plaintiff (Huston). -..'-. . Reserved, decision,was ■ delivered by the Court of Appeal' yesterday, dismiss- ' nig' tho motion to set aside the judgment, with 10 guineas costs. The Court granted leave to the. defendant to . appeal to the' Privy Council on finding security, the costs of the motion to be .costs or. the appeal. In its judgment, the Court suggested that the, parties; might arrive at a settlement.-;'-,,.-.,;'' , : ;;-MAGISTRATE'&^COUET.:: .■. MD FEELING, fJN MI-STANo: ■['.' : : . A DRIVER FINED ; The Uxi-cab driving fraternity, their doiiigs and their vocabulary were very prominent in' the Magistrate s Court yea-; ' teruay when Josepn , Bniiiglitoh, a taxi driver, was charged ' witn . assaulting George BJoward on June s 3O last, whna the latter was charged with "assaulting .Joseph Braugnton. Sir John-Finality a<pS eared lor hraugfiton and. Mr.. Evans for loward, ..: . • Mr. D. G. A. Cooper, S.M., was on the Bench, ; ' ' The evidence was lengthy. and was listened to with evident' interest by a number of taxi:drivers\at.the rear of theCourt. At tho conclusion of tho, case'the .Magistrate remarked.that there was no '. doubt in his niihd' but that Howard had started the row in the ,first oase. The charge agarnst Braughton. wonld be' dis-, missed, while Howard would be fined .£2 with costs £3, The alternative would be fixed at one'.month's-.imprisonment. •'. " " ; -•'. - OTHER • CASES. .', An able-lwdied man named Daniel Sloan, alias Grey, alias-Morgan,-alias Duncan, charged with begging lor alms in Willis Street on Thursday, wot convicted of being au idle, anu disorderly person—there were previous: conviotious against. him—and sentenced . to - three. - mouths' imprisonment.' y ■ Mary: M'Culley,. who pleaded guilty to charges of drunkenness and obsceno language,:, was "ordered to come up for senteucßrwhen 'called, upon on condition, that she left tlw city immediately,: with. her. daughter. • -: i-" ■ '!■ "This war 'has upset -me,"-, replied . Isi- ■■• dors' "Jacobus'j. in reply to charges oi drunkenness'and a breach of; his .prohibition orders' ' The • Magistrate gave accused .further cause for feeling upset by fining him- JBI on' each "charge. James Aialkin "was fined 10s., with costs 78,, ior using, threatening bohavipiir in Martin Street.''- •'.' '■ ' • For drunkenness Mary M'Manus, Frank Nainby, and Alexander Milne were each fined -Ids '.-''• Norman' Campbell, with 82 previous convictions njainst him, was sentenced to ono month's imprisonment on a similar chargo. ,'',.'.'"■ '■:'.-' ' . BY-LAW CASES. '■'.'■ V A'LEAKY- MILK-CAN! "The facts of. the case lire harmless," '. remarked James Gorrieas ho' leant on the edge of the dock aim replied to,'a charge of using. a vessel with a broken surface for carrying milk for sale. Mr. H. H.- Ostler, saiu- that the milk-can in question was leaking in two places und had been stopped up withi soap. The regulations provided for a penulty not cxcecaing .£SO. "Do you call'stuffing up ' craclcs in a can with soap harmless r"' asked the .Magistrate in- : reply to accused's 'opening' remark.'-, "1 ' shall fine you £5 with costs. JC2." An alternative ', of one month's imprisonment was allowcu. VARIOUS' OFFENCES. : Harry Keirly was fined 55., with costs 75., for driving a vehicle l at more than ' a walking' pace past the intersection ■ of Cuba'and Abel Smith Streets.' For riding their bicycles without lights after dark Percy Braithwaite ahd Victor Mullan were each 'fined Ss., with 7s. costs. James Stellin was similarly fined for having no tail light on his car after dark . '■ . i Edwin Chas. Youn» was finec ss. with I costs 175., for driving a motor-car in Feivtherstflli -Street without a number. ! Walter Lobb >vrs fined,ls. for leavm,? s a vehicle unattended in Molesworth : Street.. ' • ■ For committing a breach of the Shops and Offices Act Henry Domb was fined . 59., with costs' 7:>. Edwin Weeks was fined ss„ with costs 7s. for allowing a maro to be at large i at Johnsonvillo. x A similar penalty was imposed upon 3 Alfred Litten for leaving building material unlightod in a public placo after dark. Finos of ,ns., with costs-7s„ were also , imposed on the following:—Alfred Smith, for riding a motor-cycle between a tram- !■ ~ car and the footpath when passengers were alighting from tho former. Robert ! Ready and Patrick Duff, for leaving ve- , hides -unattended; ond John Williams for leaving ; vohiclf nnlacked: 3 Woods' Great Pepponnint Curo , 3 For Coughs and Colds never fails, la. 6d.*