SUPREME COURT.

Taranaki Daily News, Volume LII, Issue 324, 25 February 1910, Page 5

SUPREME COURT.

"HUSH MONEY.'' Uy Teiegrapu. —iress Associati-.m. Palmerston North, Tluuvday. The case of W. E. L. Hanks v. the Cheltenham Co-operative IJ-.tiry Com'.•pany was heard yesterday forenoon. Plaintiff claimed a refund of £250 and the cancelling of a promissory note of that value, the payment being alleged to have ueen made under pressure. .Mr. Graham, of Feilding, appeared for the defendant, and Mr. llerdnian, of Wellington, for plaintiff. The claim was that plaintiff was a farmer, whose brother-in-law, as secretary of the Cheltenham Company, embezzled over £SOO. After tills was discovered by an auditor, Mr. Sandilands. acting as legal adviser of the company, suggested to Mrs. i Banks and her son that to avoid crini- ' inal proceedings against lioss they : should pay £250 and give a promissory note for £250. Payment was made, and the note handed over to the lawyer, on I the understanding that uo criminal pro- , ceedings would be taken against Ross, j But such proceedings were taken, hence the present claim. ' The jury found that it was agreed between the parties that the consideration for payment of £250 and the giving of the promissory note of £250 was' that there should be no prosecution of Ross by the company; that the company did take unfair advantage of plaintiff in the course taken through Mr. Sandilands by leading him to be- ' lieve that if the £SOO was paid there was no reason why a prosecution should follow, therefore it v : as paid on that understanding. On the application of ii'.',. its Honor reserved (1) the right to move for a nonsuit on all points; (2) for a new trial; or (3) for both parties to move for judgment, whichever they considered iliey were most, entitled to. In the case of R. B. R.-wertson v. Barraud and Abraham, a cl-.m of £5Ol damages for alleged valuation of an hotel property by an employee of defendants, the plaintiff was nonsuited with costs, on the ground that t|iere was no evidence to show that the employee Levien was authorised by defendants. or that it was a valuation.

AUCKLAND SESSIONS. Auckland, Thursday. In the Supreme Court, Charles Braitiiwaite was sentenced to two years' imprisonment with hard labor for breaking and entering and theft. Jonn Graham Oxley was sentenced, to one year's imprisonment with hard labor for breaking and entering. George Wlieehr, for theft of two postal packets, was admitted to probation for two years. Auckland, ijast Night.

• At the Supreme Court 'to-day, Sidney Thoburn, alias Sidney .Stevenson, was presented on a charge of having victimised certain sharebrokers of considerable sums of money. Mr. who appeared for the accused, said that Thoburn was a butcher living at the Thames. On one occasion he heard some persons, during the course of conversation, remark that it was very easy for anyone to victimise a sharebroker. This hint sank deeply into his mind. His Ilonor said the charges were of a serious character indeed, and it was impossible to regard them lightly. The prisoner would be sentenced to IS months' hard labor, and an oj-der \v:-s made for the re-payment fi'i Clio 15s 7d found on liim. NAPIER SESSIONS. Napier, Last Night. . At the Supreme Court to-day the jury found Cecil Mcßean Brown guilty of breaking and entering a house at Petanc, and assaultiiur a woman ami girl (half-castes!. with intent to commit rape. Roderick Alexander (Iw.mway", charged with aiding and aliening Brown, was found not guiltv. Sentence on Brown was deferred. There is another charge against both accused.