COURTS.

Thames Guardian and Mining Record, Volume I, Issue 242, 18 July 1872, Page 3

COURTS.

I : OLIOE CO U RT.—Tui-.sday. [Before W. Fraser, Esq., R.M.] DRUNKENNESS AND ASSAULT. F. W. Harper, charged with being drunk and disorderly in Brown-street, Grahamstown, yesterday, and also wills assaulting Constable Burke in the execution of his duty, was lined 20s and cesls for the first offence, or 48 hours’ imprisonment ; and 40s and costs, or three clays’ imprisonment, for the second. ROBBERY AT THE SCOTIA HOTEL. Willunn Bailee was charged with stealing from the Scotia Hotel a table-cloth, value 7s, the property of Abraham Jacobs, the landlord of the house, who stated that he knew the prisoner, who was in his noted last evening, and was sitting in the parlour. The table-cloth produced was witness’ property. Witness saw the tablecloth round prisoner’s neck, and requested him to leave it down. Witness was called away, and when he went back to the room* prisoner was gone. Witness then gave information to the police. Prisoner had no authority to take the table-cloth fro; . the house. Its value was Gs or 7 1. (The witness then said that lie didn’t wish io press the charge against the accused.) The Bench reminded him that lie should have thought of that before laying the information. flic witness said he had lost so many tliinvs lately that lie only intended it as a caul ion. Constable Burke deposed that he arrested the prisoner at Gillan’s Hotel last night, and charged him with stealing the table-cloth, which prisoner had in his possession. When witness charged him, lie assaulted him by striking him, and witness had to knock him down and remoiistialo wiili him, telling him that he was a constable in the execution of his do tv. Prisoner said he had not any intention of stealing the tablecloth. He was the worse of liquor, and went out with it round 'his neck. He was next charged with assaulting Constable Burke in the execution of bis duty, and proved the offence. The K.M. smiteneed him to the nominal penally of 48 hours’ imprisonment for the iheft, and for the assault on the constable he lined him 40s or 3 days’ imprisonment. BREACH OF THE VAGRANT ACT. George Wiirtl and Edward Ford, two men of colour, were charged with a breach of the Vagrant Act, in being the occupiers of a house frequented by convicted thiever. and persons having no visible lawful means of support, in Abrahani-strect, Grahamslown, on the 15th inst. Both prisoners pleaded not guilty. Detective Murphy deposed that the prisoners resided in Abraham - street, Grahamstown, and informed witness that they were joint occupiers. The business they ostensibly carried on was that of barbers which the : had had on their own account seven or eight consequence of complaints of robberies witness had frequently visited the house. The class of people frequenting the house were prostitutes,thieves, convicted thieves, and reputed thieves. Bobberies had been reported to witness since the prisoners had the house. Witness went, to the house on Saturday in consequence of information of a robbery having been commit toil there the night before. Found the two prisoners there, and two young j girls, from fourteen to sixteen years, in ! the hack room, i he mail who was robbed (a foreigner) had some conversation with the prisoners, one of whom admitted that he had found the man drunk in the street and took him home, that the foreigner gave him a one-pound note to go for a bottle of wine, which the foreigner partly drank and treated the young girls. The man slept there that night, and i.i the morning said lie had lust his money. Knew a Mrs Gardener, who was also a frequent visitor at prisoners’ house, and who had been twice convicted of vagrancy. The woman was there when the alleged robbery was committed. The general character of the house since the prisoners had it was very disreputable—it was frequented by all sorts of bad eharacteis, and a great d al of drinking took place. Constable McCleary gave corroborative testimony. llis Worship remanded the prisoners until next day, to enable the persons named to be subpoenaed to give evidence. Yesterday. (Before W. FRASER, Esq., R.M.) DRUNKENNESS. William Lomas was charged with having been druiilc and disorderly in Pollenstreet, Siiortlanci, on the 16th inst., pleaded guilty, and said he had been working at the lire all night, and got a little too much. As to his hard work Mr Bulb n confirmed this statement, and the man was discharged. George Henry Evans was also charged with having been drunk and incapable in Pollen-street, Shortland, on the IGth inst. This defendant, Mr Bnllen said, was also a sufferer by the fire, and lnd certainly got a little too much. Under the circuin.-iances, defendant was discharged. BREACH OF THE VAGRANT ACT. George Ward and Edward Ford, remanded from yesterday, were brought up on a charge of being unlawfully the occupiers of a house, in Abraham-street, frequented by convicted thieves and persons having no lawful visible means of support. Mr Kennedy, saddler, living in Abra-ham-street, stated that he knew nothing about the defendants’ place, and said he had nevei been disturbed by the inmates. In cross-examination by Mr Bnllen, witness said he had seen young girls, whom he believed to be prostitutes' about d> fondants' premises. J The R.M., addressing the tefendrnts, ■ said Mr Kennedy’s evidence was of a ! very negative description, ami not at all j calculated to rebut that given for the I prosecution. It was clearly proved that i defendants had permitted thieves and

prostitutes to assemble, and bad therefore brought themselves under the Vagrant Act. lie would sentence each of them to three months’ imprisonment with hard labor. DISCHARGING FIRE-ARMS IN THE STREET. Howell Williams was charged with unlawfully discharging fire-arms in Queen street, Grahamstown, on 12th July, inst. Defendant pleaded not guilty. Mr Bulleti asked that, if the case were proved the full penalty might be inflicted. - Michael Egan, sergeant in the Armed Constabulary, deposed : That on the night of the 12tti he was in Queen-street, win n he heard the report of some fire-arm. Looked in the direction of tlie report and saw defendant. There was no person in the street but defendant in witness’ view. Defendant was on the footpath between the Bank of New South Wales and the Court House Hotel. The night was pretty clear. After the shot was fired defendant went at a quick pace towards the Court House Hotel. Witness caught up with him, and asked when be fired the shot. Defendant appeared excited, and neither denied nor admitted it. Del endant’s brother, from the Provincial Hotel, came over, and promised to take charge of him, on which condition witness let him go. Witness had no doubt whatever that defendant fired tlie pistol. Cross-examined by defendant: You did appear excited, and yon might have gone in a direction from me. I didn’t see any’ arms on you. I felt a revolver under your coat.

Defendant said lie went to Grahamstown with a friend, and heard a bugle sound the “ Assembly.” Came from the Royal Hotel to go to the police station in Queen-street, and on turning sharply round the corner he felt and heard the report of a pistol. He did not lire—lie never put a finger to a triggi r. The R.M. said be bad listened with great patience to the defendant’s statement, and bad hoped that be would have explained the matter. He (the R.M.) was quite satisfied from the sergeant’s statement that defendant did fire the pistol, and considering the excited state of feeling on the day in question he did not think he would be doing his duty to the public if he did not fine defendant £lO and costs, or in default a month’s itnptisonment. 'ihe fine was immediately paid.

DISTRICT COURT.— Tuesday. (Before Tiios. B Cecil AM. Esq., District Judge). G. B. ALLAN V. DIXON BROS. This was an action to recover the sum of £9O, being a balance of wages due as manager of the telegraph linn between Grahamstown and Katikati, for which defendants were contractors. Mr Tyler said he appeared for defendants, who had filed a deed of arrangement, with the creditors, and plaintiff had given not’eu of discontinuance of the action. The defence had, therefore, been pleaded. , Mr Macdonald, for plaintiff, said lie should offer no •objection to the case being struck out. Case struck out accordingly. W. HORNE V. LITTLE WONDER Ci.M.C. (COROMANDEL.) This was an application for a winding up order of flic above Registered COlll- - at Coromandel. Tlie applicant had recovered judgment against the Company for £l2 lbs in the R.M. Court at Coromandel, which judgment remained unsatisfied. There was no appearance on the part of defendants, and the Court made an onlei for the Company to he wound up in terms of the Act; cost ,£l2s 2s. THAMES VIEW G.M.C. V. SCHEDULE OF CONTRIBUTORS. This was an application for confirmation of the schedule of contributors. C. Fletcher, official ’ agent, produced the winding-up order, and stated that the necessary notices had been given, and schedules prepared. No objection was made to the schedule, and the Court ordered it to he confirmed. IN BANKRUPTCY. IN' RE CHARLES STEPHENSON Mr Dirld for bankrupt. This was an application for discharge. Mr Macfarlane, the trustee, stated that bankrupt had been a commission agent, and had been unsuccessful in husin-ss. His liabilities wore £421 19s 3d ; assets, £IBB, hut practically worth nothing. Ho bail some land and furniture, both of which were mortgaged for more than their value, and he had been paying 20 per cent, interest for borrowed money. He had a large family to support. There were no opposing creditors. TbeCourt granted an order of discharge. IN lIE JAMES HICKS. Mr Dodd for bankrupt. This was an application for an order of dislbarge. The report of the trustee, Mr Macfarfarlaue, stated that bankrupt is a carter, and that his reason for seeking the protection of the Court was that lie entered into some contracts on which lie lost consideiably, but the sum spent on taking him through the Court would have paid a good dividend to his creditors. Bankrupt deposed to the correctness of the statement contained in his schedule and in the schedule, and stated that a judgeinnt had been recovered in the lI.M. Court, Sliortland. and being apprehensive that lie would he arrested lie sought the protection of the Court. He was a carter and had a family of sto support. Ilis occupation brought in a bent £2 per week. The amount of his debts was £ll, assets £lO. deficiency £3l. An order of discharge was granted. IN RE JOHnTiALL. Mr Dodd for bankrupt. This was an application for an order of discharge. Mr Macfarlane reported that bankrupt had kept no hooks, and had conducted bis business negligently. On the loth October, 1871, his liabilities were £IGI 9s 3d, and his assets, £lB 19s lid; deficiency £142 19s 4d. Bankrupt deposed that he had been carrying on Business as a licensed victualler. When he started he had £4O cash, and borrowed £l2O from Mr Elirenfried, the brewer, who sold up everything under a ! bill of sale for about a third of what it | cost. 1 The R.M. said lie must withhold the certificate until proper accounts were furi nished. The matter must stand over till ! next Court day. IN RE J. W. R. BUILDING Mr Dodd for bankrupt, who did not himself appear. The Judge said bankrupt must attend and answer such questions as might he put to him, and he would order the case to stand over until the m-::t Court day. IN RE DAVID WILLIAMS, i Mr Macdonald applied lor a postpone- | incut of the ease for a month in consequence of the unavoidable absence of bankrupt on business in the country, and lead a letter to that effect. Mr Tyler objected to an adjournment on such grounds. The Judge said under the circumstances lie could not declare bankrupt to have passed his final examination.

Mr Tyler stated that the accountant in this case, Mr Perston, had committed suicide the previous night. IN RE EDWARD VERDON DIXON. This was an application for an order of discharge. Mr Tyler for bankrupt. The report of the trustee, Mr Macfarlnne, stated that bankrupt prior to the 3d December carried on business as a contractor and speculator, and had been negotiating with the natives for the purchase of several blocks of land, the titles to which have not been passed through the Lands Court, ana are, there ore, of no value. In D -cemher bankrupt joined his bro thcr G .V. Dixon in a contract with the Gene ral Government t > make the telegraph line from Shortland to Katikati, but on completing the undertaking the brothers found that they had sustained a heavy loss, and consequently th<-y made a deed of arrangement for the benefit of his creditors. During the continuance of the contract the present bankrupt bad no transactions of his o vn. The losse s sustained on the contract forced bankrupt to seek the protection of the Court. In December the assets of bankrupt were £l9B-; liabilities £l7O ss; deficiency £27 15s. Between December and May the only transactions bankrupt had on his own account were that he became responsible to Mr E. Thomas for £SO on account of his late brother, P. V. Dixon, and that he endorsed a hill for £24 12s by E. G. Fitz Gibbons to J. Rae on May 17th. Bankrupt’s liabilities were £251 ss, assets £l9B. Deficiency’ £53 15s. There being no opposition, bankrupt received his discharge. IN RI3 J. AID J. \Y. ROUNTREE. Mr Tyler, for bankrupts, applied for a declaration of the complete execution of a deed of arrangement with creditors. The Court granted an order declaring complete execution of the deed.

WARDEN'S COURT.—Y esteudat

[Before W. FRASER. Esq., Warden.] C. S. BROWN AND ANOTHER V. MICHAEL BRITT AND OTHERS. This was an action for non-working the Golden Key claim, and stood over for judgment from the previous Court day. The Warden said the whole question at issue in this ease was whether or not the ground had been worked for three months previous to the application for the protection. The word “ worked” in the 33rd section of the Act had evidently the same meaning as the words “ fairly worked” in another section. Upon the whole of the evidence, he must take it that the ground had not been fairly 7 worked within the meaning of the Act for three months previous to protection, although, no doubt, some work had been done. lie must therefore declare the protection void, and the ground forfeited, hut lie would remit the forfeiture and would impose such a penalty as would cover expenses. The ground must he manned immediately, and the amount, £2B, paid within 7 days, otherwise the ground would he forfeited. H. FARALY V. 0. GRANT AND OTHERS. Mr Macdonald and Mr Miller for plaintiff. In this case, Hugh Farally, of Grahamstown, miner, was complainant; and Ohadiali Grant, Thomas Irvin, John Bushel!, James Woodward, and Edward J. Cock, defendants. Complainant sought to obtain possession of:’ the Disraeli, of which defendants were the registered owners, on the ground that they had not fairly worked the same. When the case was called on the defendants did not appear. Plaintiff deposed to being on the ground on the 24(.h June and three following days. Nobody was at work on the claim on any of those days, nor was there any appearance of any’ work having been lately 7 done there. James Mclntyre, miner, deposed to being on the ground on the days named by the previous witness, and oil three subsequent occasions. Nobody was at work on any of those occasions. F. Burgess, clerk to the Mining Registrar, produced the register of the Disraeli claim, by which it appeared that the defendants are the registered owners of the claim. John O’Meara, chief clerk in the Warden’s Office, proved that protection for the Disraeli claim expired ou the 24(1i June last. The Court granted an order to plaintiff to take possession, subject to certain tunnel rights being given to the Shamrock G.M.C. The Court then adjouned until this morning.