DISTRICT COURT.

Oamaru Mail, Volume IV, Issue 1190, 9 February 1880, Page 2

DISTRICT COURT.

THIS DAY. (Before His Honor District Judsre Ward.) In Bankruptcy. In re Charles H. Robson—Mr. Baliner applied for ail order for the discharge of the bankrupt.—Order granted. In re George Henry Evans—Bankrupt applied for and obtained an order for his discharge. In re William Jakes Steward —Mr. Balmer applied for an order for the bankrupt's discharge. —Granted. In re Robert Ross —Mr. Balmer applied :for an order for the discharge of the bankrupt.— Granted. In re Patrick M'Cusker Mr. J. o'Meagher, for Mr. Finlayson, applied for an order deducting the payment of costs out of the estate.—Adjourned. In re Isaac Stemson —Mr. O'Meagher applied for an order for the discharge of the bankrupt and for an order for the payment of costs out of the estate. Order of discharge granted and the matter of costs adjourned. In re Richard Leigh.—Mr. O'Meagher applied fur similar orders in this case.— Order of discharge granted and the matter of costs adjourned. In re Francis W. O. Grant.—Mr. Hislop applied for, .an- order for the discharge of the bankrupt.—Granted. In re John Thomas Evans—Mr. Hislop applied for an order directing payment of the full costs out of the estate.—Adjourn'ed. •- ~ ... Probate, Etc.

Mr. Creagh applied for an order granting J letters of administration in. the estate of Andrew Simpson, deceased, to Mary Simpson. Order granted. Mr. Creagh move.d for the granting of probate under the will of the late John Gordon. Granted. • Mr. O'Meagher applied for probate under the will of tlie late Johri : Clark. Mr. Creagh-moved .for the granting of letters of administration in the estate of William Pire, deceased, to Alex. Pirie. Granted. Mr. Creagh applied for the issue of letters of administratian in the estate of WilliamHargreaves, deceased, to Hannah Hargreaves. Granted. Mr. Creagh applied for the granting of probate ■ under' the -will ' of- Catherine Brady. GrantedAppeai. In re Elizabeth Dunn (appellant) and Andrew Thompson' (respondent). This was an' appeal. from the decision of the Court below, in which the appellant, Elizabeth Dunn, was on the 11th November last fined L4O for sly-grog selling. Mr. O'Meagher appeared to support the appeal, and Inspector Thompson appeared to support the previous conviction. The evidence taken on both sides was similar to that given in the Resident Magistrate's Court, and already published, in our columns.

Mr. O'Meagher then addressed the Court on behalf of the appellant, and said it must have struck his Honor that the evidence for the prosecution was exceedingly wenk. He referred to the active interest that the witness Walsh had shown in the case, and urged that this went to show that the amount of reward he was to receive depended upon the issue of the case. He also referred to the action of M'Fetrish, which he declared to be the blackest piece of ingratitude chat he had known for many years. Here wa3 a man who had been 911 terms of intimacy with Mrs. Dunn for some time before she was married, who had been an accepted friend at the house', and to whom Dunn had on several occasions lent money, going into the house for the purpose of entrapping the wife of the man who had acted as his friend into a breach of the law. He also referred to the devices resorted to by Walsh to induce Mrs. Dunn to take the money, first exciting her curiosity and afterwards sneaking out of the house, leaving the money ; on the table, where Mrs. Dunn had placed it for Walsh to take back. He also referred to the fact that M'Fetrish had stated; to Dunn, in the presence of witnesses,; to the effect that he would swear, when he gave his evidence, that he had not seen the money pass. The learned counsel then asked if the evidence of such men ,as these could be accepted as against that given by the witnesses for the defence. He also pointed out that it was laid down that the evidence of witnesses who had a personal interest in the issue of the case should be accepted with' caution, and said that there could be ho' doubt that the witnesses for the prosecution were interested. He held that there, was no contract in the present case because their was no mutuality, inasmuch as the money proferred in payment; for; the beer had not baen accepted. - m.; At this stage of the proceedings, his. Honor expressed surprise that the; girl who, it was alleged, was in the room during the time of the occurrence had not been called, and said her evidence iii the matter was of the utmost importance. After some little discussion between his Honor and Mr. O'Meagher, the case was adjourned for a short time in order that the girl might be brought to the court. Bridget Madden, the girl in question, was examined, but hw avidanon threw no fresh " ■'* " "

His Honor said this was, he was sorry to say, a doubtful case, but he did not think the evidence was strong enough to support the conviction. As the counsel for the appellant had pointed out, the evidence of a common informer must be received with the greatest caution. There was no doubt that the two men had gone to the house' sgf- the Dunn's for the express purpose of entrapping Mrs. Dunn into committing a breach of the law, and he must say that the case was one of the worst that had ever come before him. On the evidence alone he thought the conviction must be quashed. There was no doubt that sly-grog selling was far too prevalent, and if the publicans subscribed to put it down he would think no worse of them, but if a man who was out of employment took it in his head to become an informer in preference to taking any kind of work he could get, the remedy would-be worse than the disease. Conviction quashed.