SUPREME COURT

Taranaki Daily News, Volume LII, Issue 180, 3 September 1909, Page 2

SUPREME COURT

AUCKLAND SESSION'S. By Telegraph.—Press Association. Auckland, September 2. In the Supreme Court \\ iliiain Rubens, charged with having forged totalisator tickets at the Ellerslie racecourse, was found not guilty and discharged. DISPUTE OVER A MUTTON IJIUD ISLAND. invcreaig.il, Last Ni;;li'.. At the Supreme Court 10-tlay, Hannah Pobiu :.i.s.i.s (Teiuuka) canned llliO da: aj.;c- from Wil.iaui Spencer (Biull) tor assault and ejectment on lltli April fiom Horpinumuc, a mutton bird is'and, niar Stewart Island. Spencer claimed exclusive right lo go mutton birding on .:i:it island on tin- g.onud oi ,o::g ciisce : ,u,■': thai, ins mini,.: had ill.-iended fro .i one of tiie chiefs who were the original owners of Stewart in:.! adjoining islands when ceded ei .lowTiiiiieiit in 1804, while plaintiff claims her father (l'ohio) was one of the original owners, thus giving lie:' equal privileges with defendant. Sue went to the island, and Spencer and his wife ejected her, using, she alleges, undue violence. Attention was directed to the fact that an Older in Council bad been inade before the actjon started, giving the Native Lund Court jurisdiction to inquire into the mutton birding rights of these islands, and Justice Williams said the Native Land Court could not proceed until the jurisdiction of the Native Land Court had been evoked to settle the question of privilege. If defendant there failed to establish his claim to privilege, the Supreme Court would tlicn assess the amount of damages. The case was ordered to stand over in the meantime.' Tlie Court has finished here.