SUPREME COURT.

Temuka Leader, Issue 2007, 13 February 1890, Page 2

SUPREME COURT.

Timabij—Tuesday, Feb. 11, 1890. (Before His Honor Mr Justice Dannisloun) CRIMINAL SESSION. Only two cases were set down for hearing and the Grand Jury found a true bill in each. forgery and uttering. Jacob Seaborn Hill, a lad of 14, was charged with forging and uttering on 21st September last, a cheque for £1 drawn on the Union Bank and purporting to be signed by his employer, J. T, Warren. Accused pleaded guilty, and after his grand uncle and another witness had given evidence as to character, he was’placed on probation for three months, LARCENY. Edward James King pleaded not guilty ■ to a charge of stealing £2 7s, the money of Emma Gaitt, of the Sludholma Junction Hotel, on the 16th December last. Prisoner was undefended. Mr J. W. White, Crown Prosecutor, stated;the facta for the prosecution as follows : On Monday, Dec. 16th, Miss Gaitt, daughter of the landlord of the Junction Hotel at Sludholme, hau a sum of money, consisting of two £1 Bank of New Zealand notes, two half-crowns, a florin and other coins ; the money was in a purse, the purse in a bag, and the bag in a drawer in her bedroom, in the hotel. There was no boarder, guest or other stranger in the house on the 16th, the day Miss Gaitt lost the money, until the prisoner arrived about half past four in the afternoon. When he arrived he saw Mr Gaitt, and asked to be accommodated for the ni»ht. Then he asked to be and was shown i upstairs to a bedroom to wash, Mr Gaitt going up with him. On the way they had to pass Miss Gaitt’s bedroom. Mr Gaitt left him upstairs. Presently Mr Gaitt heard the piano downstairs, went in, and : saw prisoner playing. Mr Gaitt entered into conversation with him, and they had a glass of wine together, and prisoner a glass of brandy besides, on tha plea of having tha toothache. Prisoner said he had driven from Timaru to St. Andrews aud had walked the rest. He said his name was King, that he was a son of the Bishop of Lincoln, that his father had been prosecuted for ritualistic practices, and the Australian colonies had sub scribed £20,000 towards his father’s defence. The prisoner had tea about five o’clock and then asked when there would be a train for Timaru that evening, and said lie would go to Timaru by it—(though he had only just come from there, part of the way on foot). Prisoner paid for his wines and his tea with small coins, shillings and sixpences. The train would leave at 6.25 aud before that time the prisoner went up and down stairs several times. The last time he went up just before the train left, and when he came down the train was gone. Mr Gaitt told him it was his own f nilt that he had missed the train Prisoner then said he must stay for the night, and he did stay. Next morning Miss Gaitt missed her money, and conTplaiaed to her father, who told prisoner a robbery had taken olaca in the house and that suspicion pointed to him. Prisoner was very indignant, and said “I’ll make you pay for this.” He then went to breakfast, and Mr Gaitt went over to the station and fetched Constable Field, who J on hearing of the circumstances searched | the prisoner and found upon him in a purse the amount in just the denominations of the money lost. Prisoner said the money was hia own, and that he had plenty of money. It would be shown that prisoner only six days before had in his possession only 14s 4d—l2s 10d in money, arid the rest in stamps. Evidence ia support of this statement was taken, aud the jury returned a verdict ot guilty. Prisoner then pleaded guilty to a previous conviction ‘ for felony at Hawera in March, 1889, and to another at ratea in September hist (.his was a case : ot imposition on a hotelkeeper), and it was stated that he had bean frequently : conmeted of minor offences*. 1 y Prisoner was sentenced to three years’ imprisonment. J CIVIL BUSINESS. ADMITTED A SOLICITOR. ] On the motion of Mr Knubley, Mr ! Edgar Ward was admitted a solicitor of 1 the Supreme Court, j LETTERS OF ADMINISTRATION. On the application of Mr White, letter. J of administration of the effects of the late } Mathew Turk, of Saadiatowo, were granted * to h« daughter, Ellon Turk ; Delias dis- ] pensed with. s

MOTION FOR DECREE. Makarini Mokomoko v. James Rickus. Mr White for p'uintilF, and Mr Hay for defendant. Tho plaintiff claimed to be one of those beneficially interested in the Kapuna-a-tiki native reserve, 60(3 acres, Orari, which in April, 1880, was leased for 14 years at £l2O a year to J. A. G-muk, who transferred the lease to the N.Z L. and M. A. Go. The defendant representing himself as agent for the owners had collected from the Company £6OO as rent from 1884 to 1889 Plaintiff frequently applied to defendant for an account, which defendant refused to supply, and ho now praye 1 that defendant be ordered to furnish an account, and be ordered to pay plaintiff such moneys as may be duo to him.

Defendant denied that plaintiff had any interest in the properly. On the case being called Mr Whits s»id the parties bad agreed that Mr Eiby should prepare a statement of accounts, and His Honor made a decree to the effect.

J ames Keane, Pleasant Point, v. Aspinal and Co., Temuka—Claim £lB6 7a 9d.

Mr White for the plaintiff, and Mr Balmond for the defendants. The statement of claim showed that on 18th November, 1889, plaintiff agreed lo soli and deliver to the defendants ]2o4j bushels of red chaff wheat at 2s lOd per buahe 1 , and sacks containing tho same at 6|d each, the total purchase money being £lB6 7s 9d. A promi.-e was made io pay oo delivery, but though delivery had been made, the defendants had not paid the money. The defendants denied this, and in their statement set forth that on the 18th November, 1889, plaintiff agreed to sell and deliver to defendants 3600 bushels of red chaff wheat and 200 or 300 bushels of tuscan wheat, the price to be 2s 10d par bushel an 1 : .cks to ho 6|d each. Tho wheat was to be equal to the sample approved o£ The de- . fendanta had received bushels of red chaff wheat and 320 sacks, but had , not received any tuscan wheat. About the middle of December, 1889, defendants refused lo accept from the plaintiff 160 bushels of tuscan wheat which was of inferior quality to sample. On such refusal by the defendants plaintiff refosed, and had ever since refused, to make any farther delivery of wheat to the defendants under such agreement. As tuscan was more valuable than red chaff wheat i the latter being 2s 8J per bushel, defendants paid into Court £175 18i 81 and coats, £4 6’, in full satisfaction of the I plaintiff's claim. ; Mr White submitted without going into i any evidence that plaintiff was entitled to , recover for the amount. The red chaff wheat had been delivered, and his client , was entitled to be paid for such delivery. He further submitted that defendants i could not plead and pay into Court. Where goods wore delivered and retained under any contract, although such contract was not fully carried out, defendants should pay for them, and then bring an action for damages arising out of non--1 fulfilment of contract. He quoted tho ■ case of Smith v. Johnston, N.Z, Court of Appeal, and others. After evidence hid been taken XT's Honor reserved his decision. | SOUTH CANTERBURY CHARITABLE AID BOARD V, SUTHERLAND. 1 This was an appeal by the board against • i decision of the Resident Magistrate, i declining to make a retrospective order ; against respondent for expenses incurred i by tho board in the birth, maintenance, i and burial of respondent’s illegitimate ; child, Tho amount of money involved is about £2O. Mr 0. Perry appeared to , support the appeal, Mr Harvey, of I Uiimaru, contra. . After argument His Honor reserved his i decision, and the Court rose. t- -