SUPREME COURT.

Temuka Leader, Issue 2408, 6 October 1892, Page 2

SUPREME COURT.

Timaru—Tuesday, Oct. 4th.

[Before His Honor Mr Justice Dennistoun.]

* . -’’'monthly session of.the Supreme . ol *r a . -d on Tuesday, Court IVdC hpouv. , ,, t v The following WwessWffii s«» jury : Messrs J. T. M. jJnyfihibt (fore, man), Eiby, Jonas, A. ' OgopeU ■ R. Holdgate, W. G. Campbell, Jame. Coe, Bascand, Hole, Jefferson, Hedge.., Stubbs, Stack, W. Quinn, J. Cochrane, Beedeli, J. Peters, Mogridge, W. Harrison, Franks, Clyne, P. Wareing. His Honour’s charge was brief, and the grand jury retired and returned in a few minutes with true bills in each case, and were discharged at 11.15. HOUSE AND SHOHPBREAKING.

John Gibson 18, John Hay IG, and Albert Cone 18, were charged (1) with breaking into the shop of Job Brown, Temuka, on 21st June, and stealing a number of articles therefrom, bottles of scent, knives, watch chains, and a spirit level ; (2) with breaking into the dwelling of John Dickson, Epworth, on 7th August, and stealing £7 m money, a magnifying glass value 2s, barometer Is lOd, ink bottle 2s Gd, napkin ring Is, microscope £4, opera glass id 10s, puzzle Is; (3) with breaking into the shop of D. McCaskill, Temuka, on Bth September and stealing 5s in money, and a variety of small articles, 16 packets of cigarettes, 4 pocket-books, 0 razors, 4 pencil cases, a purse, a mouth organ, 0 brooches, a bottle of scent, etc. ; (4) with breaking into the shop of W. C. Roulstouon the Bth September, and stealing watches, chains, bottles of scent, shirt studs, camphor, scissors, brooches, purses, and other articles. The prisoners severally pleaded guilty to each charge. Mr Hay appeared for Cone, and Mr Salmond for the other two. Both counsel urged that the proceedings of the boys were due to a spirit of mischief rather than to criminality, and Mr Hay called two late employers of Cone, who gave him a good character. Mr White, Crown Prosecutor, stated that there was nothing known against the prisoners. His Honour, addressing the boys, said if it had been open to him he would have them soundly lioggod, but under the law they were too old for that, it did not follow, however, that they should escape punishment altogether. In law they had done a very serious thing indeed, which subjected them to a penalty which would frighten them if they heard of it. He was willing, however, to take into consideration the view that they had not acted with an altogether criminal intent, but with more of mischievousness and thoughtlessness. He would pass a comparatively Jight sentence, but hoped that it would act as a earning to them, and they must remember that if it did not cure them of the propensities they had shown, what they had now done would be remembered against them if ever they came up again, and remembered in a degree very much in excess of the treasure of the present sentence, ilia

Honour sentenced the prisoners to two months’ imprisonment with hard labour on each charge, the sentences to run concurrently. The criminal business was finished at 11.45. CIVIL CASKS. George Knapp v. G. F. Lublow, claim £IOOO damages, for personal injuries. Mr Von Haast for plaintiff and Mr Cuthbertson for defendant.

This case was heard before a jury of twelve :—F. J. Dignan (foreman), M. Simpson, J. Mularky, W, J. Lister, S. McClelland, John Brown, T. Anderson, R. White, W. Exell, W. S. Paget, W. Kennedy and H. Jones. Mr Von Haast stated plaintiff’s case. Plaintiff claimed £IOOO damages, for the loss of his right arm, through it being entangled in the machinery of defendant’s flax mill at Westerfield, Ashburton. Plaintiff, a :young man of 24, had had experience of flaxmilling in the North Island. He came down in the middle of November last, and went to work for defendant as scutcher, at £1 per ton. The scutcher was in a shed across which the driving shaft extended. The end of the shaft was about three feet above the ground. Plaintiff had to carry in the flax, and after scutching pile it up near this shaft, and when he had got a pile he stopped the water wheel (thereby stopping the shaft,) and he carried the scutched flax to another shed. On the occasion in question he did not stop the water wheel, as it was being used by the strippers, and in passing the end of the shaft the flax he was carrying got entangled with it. Plaintiff was whirled round the shaft, and his arm so lacerated that ultimately it had to be amputated at the sneket. He had since been unable to get any employment. Evidence was then taken in support of counsel’s statement. The defendant, however, swore that plaintiff had no right to carry the scutched flax past the shaft; it was his duty to have put the flax just outside his shed. The passage past the shaft had also been blocked by a rail, but he supposed that plaintiff, whom he had frequently warned of the danger, had taken it down. After counsel had addressed the court and His Honor had summed up, the jury retired for thirty minutes, when they returned with a verdict for defendant. His Honor allowed costs on the highest scale. James Hilton v. Timaru Building Society and the directors of the society. Mr Salraond for plaintiff. Mr C. Perry, with him Mr Kinuernoy, for defendants.

Mr Salmoncl stated that this was an action for redemption of a mortgage by plaintiff to the society, or as an alternative for an assignment of the mortgage to the trustees of the Oddfellows Lodge. The point in dispute was whether the principal money due on the mortgage had been paid or not, plaintiff saying it had been, and defendants denying it. The money was paid to one Sims, then manager of the society, and also a member of the firm of Ross, Sims & Co., who had become bankrupt. The question was whether that money was paid to Sims in his capacity as manager of the society or as a member of the firm. If the former, the mortgage had been paid off; if the latter, the plaintiff had no right to redeem except on payment of the principal and interest. Captain Butter, as a director, stated that the firm of Ross & Sims had nothing to do with the society except as they were sometimes employed to prepare mortgages, The manager Sims had no power to receive capital repayments. Witness produced the books to show that there was no entry in them of the repayment of Hilton’s loan. Mr Salmond showed in the letter book a copy of the statement furnished to Hilton, iu which he was given credit for £l5O. Witness said that was only a memorandum. The money had never been repaid. He explained the formal course of repaying loans, a practice never departed from. It required the presence of the chairman, another director, and the manager. W. M. Sims, deposed to giving Hilton, Ross, Sims & Co’s receipt for the money. Building Society receipts were all given on a specially printed form. The case was not concluded when the court rose at 6.20 p.m. ADMINISTRATION. Mr J. W. White on behalf of Lucy Emma Ziosler, executrix of the will of W, J. S. Ziesler, deceased, moved for, and was granted, an or’er to administer the estate of the deceased. Wednesday, Oct. sth. Counsel addressed the court at length m the Case of Hilton versus the Timaru Building Society, after which His reserved Wu decision and the Mono, court rose. The Supreme Court was oper New Plymouth yesterday by Judge Connolly. Gerald Walton _ Taylor pleaded guilty to a charge of indecent assault, and was sentenced to six months’ imprisonment with hard labour. Hinga, for larceny, was sentenced to six months’ imprisonment. Isaac Day, for larceny, was allowed to go on twelve months’ probation.

TBMUKA ROAD BOARD

. The monthly meeting of the above board was held on Tuesday. Present— Messrs J. Talbot (chairman), J. Fraser, W. Snell, C. Bisset, and J. Woodhead. COKKKSPONDENCE. Correspondence was read and dealt with as follows ; From the Harbor Board, acknowledging receipt of contribution due. From the Land Board, advising amounts payable as “thirds,” and requesting that plans and specifications might be submitted of the manner in which it was proposed to expend the same. It was suggested that if arrangements were made for the expenditure of the whole, the amounts as accrued could be paid over from time to time, without further reference to the board.—The overseer had the matter under consideration. From Mr M. Moore, asking that the footpath leading to the Waitohi school library be shingled.—The work to be done. Fr m Mr Airay, requesting that the name of T. H. Wigloy bo substituted for his in respect of hind formerly in his occupation. —The overseer to arrange. From Mr W. G. AspinaH, drawingi attention to the fact that the poisoned | wheat supplied to ratepayers was apparently innocuous. Instead of decreasing the' pest it apparently increased it.— Members expressed various opinions upon this matter. The chairman' said the ' difficulty appeared to be to induce the birds to take it.—Mr Fraser had noticed a number of birds dead.—Mr Snell had seen the wheat prepared, and he had noticed that eacli bushel was pois med separately.—The overseer stated that Mr Dann,from whom the wheat was obtained, was willing to pay cost of analysis.—Mr j. Woodhead also made an explanation of methods of poisoning. From the K.ew Zealand Estates Company, requesting that/ ,tho name of Mr A. M-. Clark be Lubstituted for property described, i

! From Mr A. M. Clark, asking that the name of Wm. Casey be substituted for his in respect of allotment at Hilton. Similar applications were made by T. Hobson to W. Boyd, T. Hobson to W. McCully, New Zealand Estates Company to Matthews & Trezise, also to C. Bisset, D. McLeod, J. Brown, J. Guild, and J. Austin, J. Meyer to W. McLeod. From Messrs Perry & Perry, re gorge on road. The same was being cleared off. From Mr Job Earl, relative to acreage of land owned by him.—The clerk stated the difference only amounted to some 2s. From Mr C. Griffith’s, relative to a property at Orari used as a meeting house, and claiming exemption.—Allowed. From Mr A. M. Clark, stating that a lot of water had been turned over his land, his newly planted trees swamped, and also some wheat land inundated. He requested that the men employed in getting shingle be instructed to be more careful, otherwise he should hold the board responsible.—The overseer said there was no danger of any recurrence of the nuisance. From the Geraldine County Council, advising payment of the board’s subsidy, £195 7s lOd. From Mr McCully, applying for a crossing to land occupied by him.—Overseer to arrange. From Mr A, E. G. Rhodes, M.H.R., acknowledging receipt of resolution protesting against the abolition of subsidies, and expressing his willingness to duly forward same. From the clerk County Council, stating that the council would not, in view of diversity of opinion, undertake the de- , struction of small birds as a county i measure.

From Mr J. Gillespie, Master Rangitira Yalley Valley School, stating that the Rangitira creek had overflowed, and prevented the children from attending school. He asked that a footplank be erected. —The request was granted. From Mr B. Gillies, applying for some shingle at Waitohi.—Overseer to report. TENDERS.

Tenders were received as follows : Contract No. 55—Forming road at Ran git at a M. Flaherty, 14s lOd per chain ; J. Fifield, 11s; P, O'Mara, 9s 4d; D. Gregau, 9s 3d; T. Davis, 9s (accepted. Contract No. 57—Pipe culvert at Orari. —Only one tender was received. The overseer was authorised to have the work done during the month. HARBOR RATE. Mr Fraser drew attention to the action of the Harbor Board in making a demand for a whole year’s contribution, and also as to their intimation that the next halfyear’s contribution would be payable on the 31st March, 1893. He referred to this more particularly, because if intimation had been given a higher rate could have been struck. As it was, it was possible that there would be a difficulty in making the rate meet the harbor levy. It seemed quite possible that another rate might have to be struck. SMALL BIRDS. Mr J. Wareing waited upon the board, and complained of the quality of the poisoned wheat supplied by the board. He had used a lot of it, and hardly found a dead bird, while his rape war taken wholesale. A hatful he poisoned himself would be more effective than a bushel of that supplied by the board. He thought the wheat was insufficiently pickled. His own process was to soak the wheat before poisoning. The chairman said the board had no suspicion that the proper quantity of poison was put in. Some of Mr Powell’s wheat had been obtained, and people had complained of that as well. Mr Wareing said he had drilled 81b of rape to the acre, and it had all been taken by birds. He had found Mr Powell’s wheat effective. He suggested that the board should poison its own wheat. He thought the strychnine was only in the shell of the wheat. He did not wish it to be understood he was the only person to find fault. He appeared on behalf of his neighbors as well. He further mentioned that in his opinion it was a mistake to pay for small birds’ eggs. The boys really farmed the nests. It would be better to pay a larger price for birds. The chairman thanked Mr Wareing for his attendance. Some little discussion ensued, and it was decided to notify Mr Dann of the complaints made and Mr Waraing’s suggestions. THE POUND. Mr Lawson, the ranger, asked for a few loads of shingle for the pound yard. The wet; weather had made it very sloppy.— Request complied with. overseer’s report. The overseer’s report was read and dealt with as follows .*— “ To the Chairman, have the honor to report for the past moiuh Mows ! r Tenders have been invited for contract No, 55, forming part of the road leading from Mr Cadwallader’s to the Rangitata school, and also for No. 67, pipe culvert and earthwork on the road running between Messrs Bisset’s and Stewart’s land, During the month shingle repairs have been done to road running from Main south road to railway at Orari, to Milford and Orari road, and to McNair's mad, The footpath near Messrs Comer and Rarcombe’s has been shingled and other small Jobs attended to,—Re road referred to by the Geraldine Comity Council; I find that if a few chains of this road is formed it will be sufficient to meet the present requirements,—Re roads referred to by Mr H. Ford; No, 1, Tenders will be before you to-day for forming about two miles of this road; No. 2. This section is about 230 chains in length, and, with the exception of cuttings at the Kapunatiki creek, has never had anything done to it; during wet weather water lays on many parts of it, making it very heavy for traffic. No. 3. The portion of this road that is fenced on both sides has been formed, but is soft during a wet season ; the remainder runs through fairly solid ground and should meet the requirements for some time. No. 4. This section is about 170 chains in length, some of the worst hollows have been filled, the remainder has never had anything done to it, and like No. 2, surface water lays on it. Seeing that the Pakihi Estate is to bo cut up and sold, these roads will require t; be formed to meet the increased traffic. The cost of doing this will probably bo about £ -. Ro work <jnplicd for by Mr A. M. Clark • The cost of tfie work asked for would probably be about £—-.-, apd fa addition Ip that sum about £—would require to b,o spent on this road to make it available for traffic from the Canal drain road to the private road laid out through Riverslea by the New /Zealand Estates Company. —I have, etc,.,, if F. ARCHER.”

The overseer explained that a part of the work asked for by Mr Ford in connection with the Pakikj Estate was included in tenders to be dealt with that day. It was decided to hold over consideration of other work until a subsequent meeting. Accounts to the amount of £BS 8s 7d were passed for payment. Jhe meeting then terminated,