Supreme Court.

Taranaki Daily News, Volume LVI, Issue 187, 6 February 1914, Page 2

Supreme Court.

NEW PLYMOUTH SESSIONS. The Jijjw Plymouth sessions of ttie (supreme Court were continued yesterday. * IX BANCO. NATIVE FISHERIES. Mr. I) Ilutchen appeared for Waipapnkura, it Waitnra Maori woman, who appealed against the decision of Air A Crooke, «.M., at Waitara, in a case between herself and the Collector of diatoms. Mr. G. H. Weston appeared for tho Customs Office. The circumstances of the original case were, that the Maori in question was fishing for whitebait in the Waitara river m a manner which constituted u breach of the Fisheries Act. The Collector of Customs confiscated her nets. The woman then brought an action for the restitution of the nets and for damages, on the ground that, there mu a customary fishing right in favor of Maoris over the Waitara river. The Magistrate decided against the plaintiff, holding that it was not within his jurisdiction to determine the extent and 'oeahty of native fishing rights, this being a matter for the Native Land Court Against this decision Mr Hutchcn appealed. After considerable legal discussion bearing on the Fisheries Act and on the hereditary fishing of the native race, his Honor reserved his decision. | IN BANKRUPTCY. Joseph William Fitzsimmons (Mr. Nicholson) applied for an order of discharge from bankruptcy, which was I granted. | James Augustine Tuthill (Mr. JohnI stone) made a similar application, which | was granted, as was one from James i Savage (Mr. A. H. Johnstone). The application of Derby Bros. (Mr. Johnstone) for discharge, was struck out, on the application of counsel. IN CHAMBERS. The cases to be heard in chambers, of which there is a short list, were adjourned until this morning.

AUCKLAND SESSIONS. A COMPENSATION CASE. By Telegraph-Press Aoiociation. Auckland, Wednesday. In the Supreme Court to-day a claim was brought by Arthur R. S. O'Hallorw, warehouseman, against John Chambers and Son for the recovery of £2OO general damages and £46 3s fld special damages, in respect to an accident that occurred in defendant's warehouse in June last. A defence of contributor- neglect was raised. The plaintiff had beon%m. ployed in the show room handling some coils of rubber hose in a bin, and was about six feet up a ladder, which skidded, and plaintiff was precipitated down a lift well and sustained serious internal injuries. It was contended that the protection round the lift well was insufficient and defective. • His Honor decided to mako a personal inspection of the lift and reserved his judgment. SENTENCES. In the Supreme Court prisoners were sentenced as follows:—Geo. Uilcson, for indecent assault on a child at- lluntly, two years' imprisonment; William Thain, breaking, entering and theft in tlie Waikato, three years' reformative treatment,- Joseph Vaughan, forgery and uttering, three years' reformative treatment; Richard Ambrose Kalahcr, obtaining money by valueless cheques, three years' reformative treatment; Arthur Allan Edenborough, theft of a motor car, twelve months' imprisonment and three years' reformative treatment (accused was arrested while entertaining friemlß at a champagne Bupper); Francis Murphy, bag-snatching, twelve months' imprisonment and five years' detention.

TIMARU SESSIONS. Timaru, Wednesday. At the Supreme Court the two men, Ewen and Hansen, charged with robbing a man in a motor car, were acquitted, and the Judge said he concurred with the verdict. In the civil cases, the only notable one was a suit by .1. K. Pullman against the trustee under hia late father's will for £lO6 and interest thereon at I) per cent, for 28 years. The trustee produced a ledger kept by the plaintiff as his father's book-keeper, showing in his own handwriting that money had been paid. Judgment was given for defendant *ith costs. Another case wag the suit of the father's will in respect to the disposition of a shop in Timaru. Two sons were left the "goodwill" of a shop, and J. C. Cullinan claimed that this implied the freehold, which the trustee denied. Judgment was reserved.