SUPREME COURT.

Globe, Volume XXII, Issue 2128, 18 December 1880, Page 3

SUPREME COURT.

SITTINGS IN BANCO. \ Friday, December 17. i [Before hie Honor Mr Justice Johnston.] i His Honor sat in the Court at 11 a.m. ' KING (APPELLANT) Y. ALLAN (RESPONDENT.) ] His Honor delivered judgment herein in favor - of the appellant. 1 Mr G. Harper for appellant. 1 REGINA V. O*DRISCOLL AND OTHERS. I In this case his Honor delivered judgment os follows: — ' I took time to deliver judgment in this case, ' and delayed the expression of my opinion, with the consent of counsel on both sides, in order that I might have an opportunity of considering < more fully certain points on which I entertained i douhts. I am now of opinion that there ought not 1 to be a new trial on either of the gr jnnda sng- 1 gested in the case. In the first place, as to the question put by the learned judge respecting i former processions, there may be some doubt as i to its relevancy to the guilt or inno- i cence of the accused, although it might to some extent influence the mind of the Judge as to the amount of punishment to be awarded, and would undoubtedly I have been a proper question for him to ask after the conviction. I am not prepared to say that < the question and answer were clearly irrelevant, and that the evidence was improperly received ; but 1 am of opinion that if it was relevant, still ’ the rest of the evidence against the accused was 1 so amply sufficient to support the conviction that it would be contrary to the interests of justice to grant a new trial. I think the minds i ■ t ti e jury could not have been so influenced by the evidence in question that they could have I found the prisoners guilty, if on the rest of the evidence they had any doubt whatever of their . guilt. It would be a dangerous doctrine to lay down that an answer to a question asked by a Judge at a trial which was not strictly relevant, 1 hut could not have influenced a jury so as to affect their verdict, should be held to be good ground for a new trial. As to the second point, which affects O’Driacoll only, I am of opinion beyond all doubt that the letter in his handwriting found in Moynaban’s pocket two days after the riot was evidence against O’Drisooll. It was in his handwriting, and it must be taken on the facts that at some time it had passed from O’Driscoll [to Moynahan, whether Moynahan received it before or after the riot. It clearly emanated from O’Driscoll, and it related to the riot which actually took place on the 26tb, and in which O’Driscoll took part. Thera was therefore sufficient facta from which a jury might infer lhat it was despatched before the riot, although I do not think it was necessary to prove that fact, in order to make it evidence against O’Driscoll. On these grounds I_ am of opinion that the District Court was right in refusing to grant a new trial to all the defendants indicted, or to O’Driscoll alone. Order—Appeal dismissed with costs. Mr Harper appeared for the Crewn. REGINA V MURPHY. In this case a rule nisi had been granted by his Honor, calling upon the prosecutor herein to show cause why the prisoner should not have bail. Mr Harper now said that he abandoned the rule. REGINA V WATT. In this case, which was a similar one, Mr Harper also stated that he abandoned the mile. Mr Stringer, who appeared for the prosecution, obtained costs. Order—Ernies nisi discharged with costs. MURPHY V MCPKB. In this case Mr McConnel obtained a writ of habeas corpus, calling npon the gaoler at Addington to produce Michael Murphy to give evidence in the above case in the Eeaident Magistrate’s Court. CREDITORS’ TRUSTEES Y CRABTREE. Mr Cowlishaw applied for. a decree herein. His Honor made the order. IN CHAMBERS. RE MICHAEL BROWN. On the application of Mr Holmes his Honor made au order of discharge. LAW PRACTITIONERS ACT AND RE THOMAS AND BRUGES AND EX PARTE RUSSELL In this case Mr Joynt applied for an adjournment of the case. Mr Cowlishaw, for Mr Eussell, agreed to the adjournment on condition of the delivery of certain papers on payment into Court of illso. Mr Joynt agreed to this, and the matter stood over on the terms proposed. HOLMES V HOLMES. In this case the issues were settled on application of Mr George Harper. HOLMES V HOLMES. Mr Cowlishaw, for the defendant, applied herein for the issue of interrogatives to the plaintiff herein. His Honor made the order as prayed. RE DUGALD CAMERON, DECEASED. Mr Cotterill applied herein for probate to Neil McLean as attorney for Catherine Cameron, sole executrix named. Order as prayed. RE SIR THOMAS TANCRBD, DECEASED. On the application of Mr Harper, probate was granted herein to Henry John Tancred and Leonard Harper, with leave reserved to Dame Jane Tancred, widow, to come in and prove, RE EMILY HARPER, DECEASED. Mr G. Harper applied herein for probate to Walter Harper. His Honor made the order. BE JOHN SMITH WILLCOK. In this case Mr G. Harper obtained an order granting letters of administration to John Reynolds Willcox as eldest son. RE JOSEPH M'ILROY. On the application of Mr Izard, his Honor made an order of discharge. RE SAMUEL CLARKE, DECEASED. Mr Cotterill obtained an order granting probate to Elizabeth Clarke, widow and executrix named. RE JOHN BROWN MANSON, DECEASED. Mr G. Harper applied heroin for letters of

> { administration to David Manson.as brother and j next of kin, and approval of sureties, j His Honor made the order, t PRKBTIDOE V WATSON, t Mr Spackman, for plaintiff, applied herein for , settlement of issues. [ His Honor settled the issues as submitted. [ WOODING V HOLE. , In this case Mr Joynt, for plaintiff, applied , for an order settling the issues and fixing time • and place of trial. i His Honor settled the issues, fixing the time [ and place of trial for Christchurch, at the i January nisi prius sittings by special jury, the case to be tried on January 13th. [RE GEORGE J. CLARKE. Two motions for return to Judge’s order in this case wore withdrawn by consent. RE ISABELLA BALLANTTNE, DECEASED. _ Mr Spackman applied for letters of administration to Henry McMillan. The application stood over to enable Mr Spackman to file an affidavit of justification of sureties under the new Administration Act. RE DEED OF ASSIGNMENT —IVET AND CONWAY TO SORENSEN. Dr. Foster applied for an order declaring the deed completely executed. Order as prayed. SAUNDERS V ROGERS. _ Mr George Harper applied herein for dismissal of the action for want of prosecution on part of plaintiff. Mr Bruges appeared for the plaintiff, and said he would concur in dismissal of the action without costs, and quoted eases in support of his contention, as the defendant had become insolvent since the commencement of the action. His Honor made the order dismissing the action without costs. RE SAMUEL CLARKE, DECEASED. Mr O’Neill applied herein for an order appointing Barry Allwright as trustee in the estate. His Honor made the order as prayed. RE JAMES SMITH. Mr Spackman applied for discharge of debtor. £is Honor granted the application. WILSON V DRAPER AND CHARTERS. This was an application on the part of Mr Holmes for the plaintiff, to settle issues and fix time and place for trial. Mr McConnel appeared for defendants. The issnes were settled, and the trial of the case fixed for January 14th, at Christchurch, by special jury. PALMER V BRUCE. Mr Bruges for the plaintiff, applied for settlement of issues and fixing time and place of trial. Mr Cowlishaw appeared for the defendant. The issues were settled, and trial fixed to take place at Anckland.at the April sittings by special jury. PUBLIC WORKS ACT AND CLAIM OF FRANK COURAGE. On the application of Mr Harper, his Honor fixed the time and place of sitting of compensation Court for Thursday, 20th January; and in the case of Bobert Wilkin, under the same Act, for 21st January. FORD V LINDESAT AND ANOTHER. Dr Foster applied for an order settling issues herein and fixing trial. His Honor made the order fixing the trial by special jury on January 17th at Christchurch. HAWKINS V SMITH. Mr Spackman applied herein for leave to sign judgment. His Honor made an order entering np judgment for .£lO6 and interest, in default of plea. BE JOHN BODE, DECEASED. Mr Slater applied herein for probate to the widow of deceased as sola executrix. His Honor made the order as prayed. BE A. PEPPLER. Mr Slater applied herein that the costs of a rule nisi, calling npon the trustee in bankruptcy in this case, Mr X. B. Craig, be paid by him. Mr Bruges appeared to oppose the application, and read an affidavit of the trustee, stating that the estate was not worth anything at all, and that he was therefore not going to inenr any expense. His Honor said that it appeared to him_ that ; the trustees in bankruptcy sought to be appointed by the Court, and then declined to take any trenble with the estates out of which 1 they did not get anything. This was a case in which Mr Bruges had not shown 1 any reason why tbe trustee refused to call a 1 meeting of creditors, thus incurring these costs. 1 He would have to pay the costs. The trustee 1 could have called the meeting, and should have j done so. Tbe trustee con'd enforce the attend- j ance of the bankrupt if he would not oome j without. There was no cause shown, and the i order would be for the costs to be paid by the trustee. SHAYLOB V MORRIS. 1 In this case Mr Spackman applied on behalf 1 of the plaintiff for an interim writ of injunction ! restraining the defendant from entering upon ’ the land of the plaintiff, and committing a i trespass. (Case cited in support, 33 L.J. 451.) 1 His Honor thought that this was not a case for an injunction, hut it was really one for an j action for trespass. He did not think there were , any grounds for granting the injunction. Application refused. ! BE JKCHOLIA BAILEY, DECEASED. Mr Cowlishaw applied for letters of admi- 1 lustration to Thomas Bailey. : The application stood over till next Chamber i day, i BE JOHN GREENAWAY, DECEASED. On the application of Mr Cowlishaw, his , Honor made an order granting probate herein to the widow. ~ . ALLAN V BTANBUBY. . Mr Harper, for plaintiff, applied for a settlement of issues. i Mr Joynt appeared on the other side to consent. a * The issues were settled and trial fixed for January 18th, at Christchurch, by special jury. BE PETITION OF FYFE’s TRUSTEES. Mr Harper applied for order confirming contracts herein. Order as prayed. BE ANDREW DUNCAN, DECEASED. Mr Cowlishaw applied for probate herein to Isabella Duncan, John V. Monsen, and John Anderson, senior. His Honor made the order. MCKEE V CHAMPION AND OTHERS. Mr Cowlishaw applied for an order adding Ann Gibson as a defendant. His Honor made the order. BE JOHN WM. HOLL, DECEASED. On the motion of Mr Fereday, His Honor granted probate of the codicil to Fanny Espenett, as executrix named. Order as prayed. BE HERBERT PARKER. Mr Bruges moved for discharge of the debtor. His Honor made the order. BE THOMAS PBISTON, In this case, also, his Honor made an order of discharge on the application of Mr Bruges. WILLIS V VINCENT AND OTHERS. Mr Joynt appeared for plaintiff and applied to have issues settled. Mr Bruges appeared for some of the defendants, and Mr Spackman appeared for Messrs Vincent and Todhunter. Mr Bruges said he wanted the plea of the defendants to be placed in the issues. Mr Joynt consented to this being done. The issues were settled, and trial fixed for January 19th, by special jury at Christchurch. BE JOHN SMITH. Mr Stringer applied herein for the discharge of the debtor. His Honor made the order. HBNNHSSY Y M’KBNZIE. Mr Stringer applied herein for issues to be settled, and trial to be fixed at Timaru. His Honor could not grant the application, as he was of opinion that Rule 3 did not apply to the case nntil he had arrived at Timarn. BE ALFRED MOULB. Mr Stringer applied herein for an order directing the trustee, George Monle, to sign the certificate of discharge, the creditors having passed a resolution that the debtor should be discharged. His Honor made an order calling upon the trustee to sign the certificate, and to pay the costs of the application. RE JOHN WILSON, DECEASED. On the application of Mr George Harper, His Honor granted probate to executrix and executors named. RE JOHN FRILE, DECEASED. Mr Stringer applied for probate herein to widow of deceased. His Honor made the order. REGINA V. MURPHY AND WATT. Mr George Harper applied herein for a change of venue in this case, from Christchurch to Wellington, and read affidavits from Mr G. M. Douglas and Michael Murphy, to the effect that the said Michael Murphy had in the conduct of his business as a commission agent and in his private life stirred up a wide spread feeling of hatred against him. For these reasons Murphy mado oa f h that he was not likely to have a fair trial. Mr Harper quoted from the leading article in the “Star” and a paragraph from the same paper as regarded the performance of ‘ ‘ Pinafore.” and also a leading article from the “ Globe.” His Honor said that the articles written were exceedingly strong, and he thought that the api plication for change of venue was supported by strong affidavits. Mr Stringer wished to point that the articles in question wore written before i the arrest of Murphy and Watt, and immediately on the sentence passed on John Mnrphy. His Honor said that might be so, hut the articles must have an unsettling effect upon the • public mind. The prisoner would have to pay i the difference of costa between the trial in Christchurch and Wellington. He thought there was ample ground for change of venue. ■ Mr Stringer submitted that it would be better to have the trial at Dunedin, His Honor, while expressing his opinion that • a change of venue was necessary, reserved de- : cision on the question of whether the trial should take place at Wellington or Dunedin, to see when the criminal session commenced at the t former place.