SUPREME COURT.

Temuka Leader, Issue 1111, 21 June 1883, Page 2

SUPREME COURT.

CRIMINAL SESSION,

Tbiaru— Tuesday, June 19th.

(Before’ Kis Honor Mr Justice Johnston.)

The half yearly session of the Supreme Court, ’at Timaru, commenced last TuesThe Grand Jury returned true bills against all the accused. : , ARSON. r . 7 , Robert Innes was charged witli' felonjt pu§ly and maliciously setting to a •fecdc 'of'gVasWeed, the property* of .thp. New Zealand and Australian Land Company, on tile sth January. HA pleaded not guilty. .. . . ; :> ‘After hearing the' evidence, which went to’ show that the prisoner had been working on .the Levels estate, and on leaving there set fire to the stack of hay, which.he admitted to the arresting constable. His Honor sentenced . him .to Three years’penal servitude, -

PLACING STONES ON THE RAILWAY. ‘ Thomas Newell, a lad, wits called to answer a charge of placing stones on the railway at St,'Andrews. He not appearing, his hail (his father, Richard Newell, Rev St B. Brady) were called upon to present an excuse. . The Tad’s father.said the boy was in the Lunatic/ ‘Asylum, and Dr Hdcom would give evidence of his conditionj ' The bail’ was extended to next session.! ATTEMPTEDjRAPE. ■ • j.; Frank liossiter , charged >, with at* tempting to commit 'a rape ijpon Mario Brttt, p,;marri«d wpman, at Albliry, on The; 26tb January last. ■ ;r '" >' r : ' f ' i Marie Bott, the prosecutrix,; stated that I she'Was living at,jS?lcL_epd’s Hotel, Albury/ in January last. The 26th January she spent with a Mrs McAllister, and remained 1 with her till evening. About eight) she went to, her room at the hotel, and ’! then went for a walk. She met accused, who told her she had better get her dogs off the road, as there was a mob of sheep coming. : She Went across'a paddock, and he accompanied her. He invited her to ride with him to Fairlie Creek, but she refused. After proceeding a short distance the accused pulled her down and committed the assault she complained of. While struggling with the man she heard the sheep go past, and called for assistance. When she got awav she went and told Mrs McAllister. She complained to the constable next morning. Ou the morning after the occurrence she noticed bruises on her shoulders and bteast, which she showed to Mrs McAllister. In crossexamination she stated that she had had no drink, excepting tea, that day. and had had no walk with anyone. Mrs McAlister proved that the prosecutrix had gone for a walk on the 26th January through the paddock, 1 not down the road. She had showed her some bruises on her shoulder on the following morning. I ,

Dr Mclntyre stated that he examined Mrs Bott on the Ist February. Ha found a lump on one breast which might have been caused by a bruise either old or recent |

Robert Howie, and David! Cuthbertson pave evidence for the d< fence, and u man named John II nmuoiid stated that on the evening in question tile prosceu-

trix went for a walk with him, and they bad a glass of beer at McLeod's ;' Mr Stout addressed the jury for the defence. . Mr White (Crown prosecutor) declined to reply, and, on being -pressed by His Honor,- stated he did not expect a conviction. His Honor then addressed the jury, and after they had retired for half an hour they brought in a verdict of ‘ Not Guilty.’ DIVORCE CASK. Strong Work Morrison v; 'Catherine Morrison, respondent, and John O’Shea, co-respondent. Mr-G. Harper, instructed by Mr White,, for the petitioner ; Mr C. W. PupneJf for the co-respondent. Mr Harper read the petition, whichshowed that the petitioner married the. respondent at Orari, on the 2nd of May 1 , 1863, her maiden name being Catherine Gordon. I hey lived together happily till 1876, when the respondent gave way to intemperance. The petitioner; did all ha could to prevent her from getting 1 drink. Just before .1880 she left petitioner and went to live in Ashburton, where she led a very questionable life. In June of 1881,’ she went to live in adultery with quo O’Shea, the co-respondent, at .Ashburton. After hearing the evidence of .James Blyth, Austin Kirby (detective), and H. W, Felton (Sergeant of Police, Ashburton), His Honor granted a decree nisi without costs. i ' :

CITIL SITTING. Wednesday, June 20th. . ’ Trustees in the Estate of G.W. Creamery. D. McLeod. This was a special jury case, in . which the claim was £360 10s 2d. ; . ~ Mr Joynt appeared for the plaintiffiand Mr Stout, instructed by Messrs Perry and Perry, for the defendant. It appeared, that Creamer owed £7OO, rangement was come to with that he Was to pay McLeod undertook to pay'-tljia,; on the condition of of sale bver all the good s and ofyvhtbHjCrbiftter possessed. Mr Gowdryp'-bn 'of 'the reditors, came to .Timaru to receive the £360 10s 2d, but the documents were not stamped.and consequently the money was paid to Mr Jameson, Solicitor, Timaru, in trust, until the -legal technicalities had been complied .with.. Subsequently when the money came to be paid Mr Jameson gave a cheque for the amount, but the cheque was - dishonored, and, the creditors never received any consideration for the , amobnt. Amongst other witnesses, Mr Shaw, of the Arm of Thompson, Shannon and Cc., gave evidence to the effect that he received Jameson’s cheque, and three dajrs afterwards his banker told him it had been honored. Ip then issued cheques to all the creditors, oirt Hie samej evening a messenger came from the bank, stating that Jameson’s _ cheque was dishonored' Me then stopped payment of the cheques. The only creditor who sued him was P. Warning, of Temuka. In all, five witnesses were examined for the plaintiff; the evidence being in effect as stated above., ~ Mr Stout then applied for a .nonsuit, and about three hours wpre spent in argument. His Honor decided to hear further evidence, as it was not clear to him whether Jameson had been acting as McLeod’s agent or not. In: addressing the jury, Mr Stout pointed out that the real question was whether the cheqpe had been given to Jameson with the 'consent of Mr Cowdry,- who was present To, represent the trustees, or whether it was given to hiin as Mu McLeod's, agent. Tf the money had been: given to Jameson with the consent of Mr Cowdry tp keep until the necessary documents' were signed, they should find a verdict for the defendant, , i . t .- K ; i ■ '

...Evidence having been taken for thedefence, and addresses delivered, the jury o’eturned a .verdict for defendant with eosfs.. ,* ■ , 7

/ME NEW TEMUKA SCHOOL. ' The work of building'the new school is being rapidly pushed > forward and it 'will iubt iibe many weeks before it is finished. The following is ja description of it | The length of the building is 118 ft and the Average; depth 45ft.: The front ; ' : ng-the street is composed of four •large gables over the class rooms, with a bell tower iu centre, and small gables to the porches at each end. Each gable has a group of three windows, the centre ofib,rising a foot above the others, and enclosed with a Gothic label mould, In the centre of the gabie is placed a sunk ><£uarter-foil with enriched, boss in centre, 'moqfiled*' circle. The gables; are finished off ( with' a bold! projecting coping and ■ail- drhamental bast-irOn firiial in the centre pfi each. The end gables are treated' similarly, with Gothic Lonric ventilators, and finished with label mould and eurched bosses. The bell tower stands in the .centre of the building, and rises to the: height of 50ft from the floor line. The brickwork is 30ft high and lift square, sup ported with buttresses and finished with moulded cantilevers ,and a stjaug course. The roof is of corrugated iron, with Lourie ventilators on each side, and finished at the top with ornamental cresting and finials. In the centre of the tower is placed a shield on which is inscribed the date of erection, and over this are largo circular Lourie ventilators on each side of the tower. The foundations are of cement concrete, and faced with cement. The building is built of brick and tuck pointed, relieved at all angles wi'.h cement quoins, and also at all openings, anl a moulded Gothic sill course round the building, all cenvuit work colored in imitation of stone. The roof is painted in hematite color, the ridges being finished off with oniamciita' J cast-irem cresting. The; entrances are j

> one at each cud pf the building and one in tl e centre of the tower. en ranee leads into the passage lOffc wide, and on each side are two classrooms 21ft x 20ft, and at the end a large room 53ft 6iu x 21ft. porches are 12f( x Oft 6in. The one to the right gives admittance to two rooms 20ft x 21ft and 20ft x 20ft respectively, arid the-left one ihtb-the infant room 40ft Gin x 21ft, and a class room 2Wft x 20ft, each room -haying door -communication with! Bach I 'dthe'ri; iV ..■tThenvfalls of the * pouches and passage are furnished with i hat and cloak hooks. All the rooms are well', lighted with: numerous windows and each’ provided with fireplaces, the main school room and infants’ rooms ' having two. The building is ventilated by means of Boyle’s patent ventilating cowls. Fresh f ;air is brought in in the corners of each room7and is con- : ducted thence by means of tubes to the height of 4ft Gin from the floor, so the children will not suffer any inconvenience from draughts; The escape of the vitiated air is provided for by Boyle’s ventilators’, two ur’the mahi school and infants room, and one in ■each pljiwivoom. The opening is ■'made of cast-iron fret work 2ft (Sin in diameter, and the foul air escapes' tlirough this fret by means ofj an up cast zinc shaft is conducted W the ventilator and outside. The interior of the building ifi: plastered with dado 4ft Gin high finished’ with nosing and scotea at top, - : 1 At the rear of the school buildings is an outbuilding, consisting-of boys’ and girls’ lavatories, each 12ft x Bft, janitor’s room, Bft x Bft, and coal shed, 1 16ft x 18ft, built of 5 brick and floored with concrete cement flooring. The lavatories are each with six washing basins and every convenience. Mr M. de H. Duval is th« architect, Mr J- iGharlesworth clerk of Works, and Mr C. Pallisef contractor. When finished the ■school will be to none in Vouth Canterbury. *