DISTRICT COURT.

Tuapeka Times, Volume VII, Issue 373, 15 July 1874, Page 3

DISTRICT COURT.

Tuesday, 14th July, 1874. t (Before his Honor Judge Gray.) ; IN BANKEUPTCY. ' Charles Nicholson, a bankrupt, applied for 1 his discharge. His Honor said that the adverliseiaent of the meeting was too recent to ' give the creditors due notice, .consequently : the application would bo held over until next 1 sitting ; meanwhile the bankrupt was ex1 amined, aud his Honor intimated .that his discharge would be granted, unless the credi- ' tors showed some sufficient reason why it : should not be, at the adjourned hearing. Mr. M'Coy appeared for the bankrupt. ! 1 Mr. M'Coy made application for the discharge of Duncan M'llae, which had been adjourned from the last sittings. The trustee's supplementary report was in, but his Honor wished for some information from a supervisor, Mr. Sutherland. The application was adjourned to Wednesday. John Alexander Duthie and Jiichard Westall Capsticky. The Havillah Hill OoldAfining Company, Registered. — This was an application that the company should be wound up, on the ground that it was unable to pay its debts. Mr. Gooday appeared for the petitioners. His Honor said the petition required amending, or to be further strengthened by affidavit, before ho could adjudicate'' on it ; meanwhile the matter was adjourned to Friday next. RESIDENT- MAGISTRATE'S COURT, LAWRENCE. Feiday, 10th July. (Before E. H. C.aiw, Esq., R.M.) Police v. Tolchcr. — Charge of allowing a horse to wander in the town. Mr. M'Coy, who appeared for the defendant, said that he was instructed to admit the charge, but the defendant, who had been away to Duuedin, had left the hor6e for agistmeut in a paddock at Manuka Creek, whence it had escaped and found its way back. Fined 10s. and costs of Court, ss. 6d. Police v. Donovan. — The defendant, who is the licensee of tlie Shamrock Hotel, Lawrunce, was charged with Laving permitted gambling iv her lieensqd house on the 3rd of July last. Mr. Inspector Thompson prosecuted ; Mr. M'Coy for defendant. Plea : Not Guilty. Constable Hiscox said that he heard dice rattliug in a box, and saw some money ou the table, which was taken up and laid down by the persons playing. There were four or five men there. He called again and heard it going on ; but when he opened the door it was stopped. Mr. M'Coy said that it had not been shown that Mrs. Donovan knew what was going on, nor that there had been any gambling ; though money might have been on the table, and taken up and laid dewn, it was not shown that the money changed hands or was connected with the rattling of the dice. He did not admit that tlie parties were playing for drinks ; but it might have been bo, and that was not gambling, which woidd imply the passing oi' money or property between the players. This throwing of dice would merely be an ordeal to show who should pay a third party for drinks, which would in any event have been obtained, and it was not usual for each person to pay for himself. His Worship said he would dismiss the case without prejudice to its being brought again. It was understood that another information would be laid, aud those engaged be subpoenaed as witnesses. Police v. Armstrong. — The defendant, who ia licensee of the Commercial Horel, was charged with having permitted liquor to be drunk on his premises on Sunday by other than bonajide lodgera. Mr. Inspector Thompson prosecuted ; Mr. Henderson appeared for the defendant. Sergeant Farrell proved that he and Sergeant Titchener entered and saw a number of persons in different rooms with glasses of different drinks before them. Matthew Hay, auctioneer, Lawrence, recollected Sunday, the sth. He went to the Commercial Hotel with Mr. Budge, who was going away in the morning to Dunedin. Messrs. Mears and Hills were with him. Had a glass of ale. Mears had ginger. Did not remember what Hills had. Mr. Budge ordered the drinks. William Henry Smith, inspector of works, visited Mr. Ross, who ivas staying at the Commercial. Messrs. Humphrey and Goodfellow were also there. He had a glasß of ale. Mr. Humphrey had coffee. At this stage the case was adjourned to 3 o'clock, aB Mr. Humphrey, vrho had been eubptenaed, did not appear. Alexander Humphrey, builder, Lawrence, was with Messrs. Ross, Goodfellow, and Smith in the Commercial Hotel ou Sunday. There were two or three round* of drinks. One was at his order. He drank coffee — coffee royal. Did not know whether there was anything else in it. There might have been a little of something else. Believed there was some brandy. This was the ease. Mr. Henderson submitted that no breach lof the Ordinance had been proved, and referred to gome recent decision of Mr. Bathgate, which he considered was mado on precisely similar evidence, and resulted in the dismissal of the charge. Judgment reserved. Mr. M'Coy appeared in support of an application by the executors of tho late Mrs. Ciark to permit Joseph Bell to carry on the business of the Masonic Hotel for them for three months, dating from the 28th May last. Granted. Tuesday, 14th July. (Before E. H. Carew, Esq., R.M.) Police v. Armstrong. — His Worship, in giving judgment, said that he thought, notwithstanding the authority of Crepps v. Durden (in which, however, some of the conditions were different from the present case), that several offences could be committed on the same day by selling on Sundays by publicans. The information, therefore, was too general. As he had some doubt about the matter, the defendant would have the benefit of it. Case dismissed. White-y. Nixon.— Claim of £4 3s. 6d., for work done and materials supplied. Mr. M'Coy for defendant. Judgment for the plaintiff for the amount claimed, with 9s. costs of Cour^