Supreme Court.

Hawke's Bay Times, Volume 15, Issue 787, 16 May 1870, Page 3

Supreme Court.

THURSDAY, MAY 12. His Honor took his seat at 10 a.m., and discharged tho Grand Jury. He addressed them on the subject of the non-appearance of the native witnesses, remarking that a gross failure of justice had occurred, one which would tend greatly to bring* 1 the administration of justice into contempt. It was a sad thing to confess that in the present state of this part of the country our system was insufficient to secure the attendance of two native witnesses. He regretted tfhafc the Jury had been detained so long by the adjournment of the case ; but he hoped that it would have one good effect—that of creating a public feeling on the subject—the first essential to a reform. The arson case was not the only one which had fallen through; a second charge of housebreaking against a native having brok en down through / , Hhe absence of a material native witness. Ho then discharged the jury with the thanks of the Queen and the Colony. The civil business of the court then commenced, and a jury having been inipunnelled in the case of Watt Brothers v. Buchanan, waiting jurors were discharged. Mr "Wilson appeared for plaintifte, Mr Stedman for defendant. Mr Stedman, at the opening of the case applied for an order referring the case to an arbitrator to be appointed by the Court. His Honor said that he considered it would be the preferable course to refer this case to arbitration, but it was not in his power to compel Mr Wilson to do so. A great deal of evidence was taken on both sides, from which it appeared that the plaa tiff claimed £598 5s 4d, a large portion of which debt was disputed by defendant on varous grounds. The greater portion of the debt was proved by the plaintiffs; but several disputed items were struck out in the absence of proof. The case did not go to the jury, the counsel consenting to a final judgment for £550. The jury was then discharged, . and the court adjourned. FRIDAY, MAY 13. The Court sat in Bankruptcy at 11 a.m. Re. H. Alley. —Mr Lee appeared for petitioner, and Mr Wilson, on behalf of the Trustees, opposed the discharge. The bankrupt, being sworn, stated that he attributed his difficulties to his having purchased a farm in Canterbury, for the sum of £II,OJO. £3,000 of which he paid in cash, tho remainder being secured by mortgage. Mr Wilson of Canterbury, whose name appeared as one of the creditors of the estate, had for tho past two years acted as manager of the farm, and his claim consisted of money advanced in the management of the station. He believed that if the estate were placed in the market and sold, there would be a residue after all claims were satisfied. In answer to questions by Mr Wilson, be stated that a house on the station, insured for £I,OOO had been burnt down, and the money received from the insurance company had been invested in tlio purchase of cattle —Discharge granted. In re Gr. Smith—The Bankrupt not appearing, this case was postponed. In re J. A. Grethen.—Mr Stedman appeared for bankrupt, who, he stated, was at Wairoa, and had not been able to attend the Court, in consequence of the imperfect commuication between that place and Napier.—Case postponed. In re John Hartley.— Mv Lee appeared for petitioner; Mr Wilson opposed the discharge on behalf of the trustee. In examination by Mr Wilson, bankrupt stated that he had on the, 19th March, two days before filing his declaration, received certun sums amounting to £9l 9s ; that he had since been living on this money, and had now only £4 or £5 of it left. In answer to a question by Mr Lee bankrupt stated that he had entered these amounts in his books. His Honor remarked that he was far from approving of the system of wrenching every farthing from a bankrupt, but it was a monstrous thing that a man on filing his schedule should have a private purse —a substantial sura like £9O, too, reserved from his creditors,—and should live - at the rate of £520 per annum. Mr Lyndon, in answer to a question from his Honor, said that bankrupt's business had been returning about £3OO per month.— Mr Wilson applied that the discharge might be postponed and protection withdrawn. —Mr Lee could not now ask for discharge, but would apply for continuance pf protection.—Disch&rge deferredfor three giputh§.

In re M. Pearse.—Mr Stedman appeared for petitioner ; Mr Wilson to oppose the discharge. Bankrupt on being examined, attributed his failure to the native raid on Mohaka in 1869. In answer to questions by Mr Wilson he stated that he claimed on behalf of his wife 650 sheep which had been made over to her by his brothers, with whom he had been in partnership, on account of housekeeping. A proper deed was drawn in the matter. The first year's wool at the Mangaharuru station was also made over to his wife, but nothing was realised from this, as it was afterwards burnt. The deed of settlement was made about two years ago. Mrs Pearse received £25 wool-money last year from Mr Richardson. —Discharge granted. In re W. H. Shaw. —Mr Wilson applied for an order to be made that the provisional trustee of the bankrupt should execute a proper deed conveying to the Bank of New Zealand all the interest of the bankrupt in a certain block of land of 100 acres, situate in the Abbotsford Run. The order was made on an affidavit by Mr Cartrwight Brown, stating that the land had been purchased in the names of himself and Mr Shaw, but that the purchase-money had been provided by Mr Brown, and a deed of mortgage subsequently executed to him by the Bank.—Application granted, and order made. * SATURDAY, MAY 14. The Court sat in Banco. Mr Wilson informed his Honor that Mr Locke had that morning received letters (which had been lying in the post office during his absence from Napier) from the missing native witnesses stating that they were about to return home because they were ill. His Honor did not consider that Mr Locke was altogether to blame for the nonappearance of these nativea. It was no part of the duty of a magistrate to ,c shepherd " witnesses; it was more befitting the offico of Inspector of Police. Under the peculiar conditions of cases where witnesses belonged to the native race, it might be the best plan for this duty to be committed to some one connected with the native department, who should be responsible for their appearance. In re Watt v. Buchanan Mr Wilson moved for an order of speedy execution, which was granted. Much discussion took place respecting the sale by auction of the Elsthorpe station by Mr Buchanan, bis partner having, through Mr Wilson, protested against the sale. Mr Cuff, on behalf of Mr Buchannan, argued that as the sale was in consequence of a previous agreement between the partners to wind up the partnership, it was quite a regular transaction ; but his Honor ruled otherwise. Mr Buchanan, having purchased the estate at the auction, accordingly relinquished his claim, and, on the application of Mr Cuff, the sale of the property was ordered to take place within one month. In re Kennedy v. Corbin.—On the application of Mr Wilson an order of judgment was granted. ■ '*■ . ii i i i ii y