DISTRICT COURT.

Wairarapa Age, Volume XXIX, Issue 8214, 18 August 1906, Page 5

DISTRICT COURT.

M ASTEBTON—FRID A Y.

(Before His Honour Judge Haselden).

A Youthful Offender.—John William Ourlet,a lad aged 17 years, was oharged with stealing a pocket-book containing money, amounting to £5 58 6rt, the property of Albert Pose, of Martinborougb, on July 31st. Acoused, who was not represented by counsel, pleaded guilty, and expressed regret for what he had done. Detective Williams stated that accused had already served three months' imprisonment for dishonesty while in the employ of the Post Office, and he bad only been out of goal two or three weeks when he committed tne theft for which he was now oharged. His Honour thought the case a difficult one to deal with, and remanded the toy until to-day for a report from the probationer officer. Mr B. J, Dolan formally appeared on behalf of the Crown. Application for Discharge from Bankruptcy.—A. H. Kitto, represented by Mr H. C. Robinson, applied for his discharge from bankruptcy. Mr C. A. Pownall, on behalf of the W.F.C.A., opposed the application, but ha understood that tbe D.O.A. would not agree to an unconditional discharge. 1 The D.O.A. stated that the bankrupt had attempted too large a business with too little capital. His Honour granted the discharge conditionally upon the bankrupt paying sufficient money to allow of his creditors reoeiving 5s in the £. Probate.—On the motion of Mr R. K. Jackson, probate was granted in tbe estste of the late Mr John Pringle. On tbe motion of Mr H. 0. Robinson probate of the will of the late Mr Hector Manro was granted. Claim for Damages. Thomas Charles White claimed £IOO for injuries received and wrongful distress from William Hume and Thomas Ross. Mr 0. A. Pownall appeared for the plaintiff, and Mr B. J. Dolan, instructed by Mr J. W. Card, for the defendants. Mr Pownall, in outlining®the case for the plaintiff, said it involved the seizure, of a horse oalled Matokokiri, trained by tbe plaintiff for his wife, and over which defendant Hume olaimed to have a bill of sale. On May 7th defendant Ross and two persons, named Kelly and Jackson, instructed by Hume, went to seize tbe horse from plaintiff, who demurred giving up possession. An altercation ensued during whioh plaintiff alleged that he received serious bodily injuries, incapacitating him for six weeks. Mr Pownall argued that even if there was a bona fide sale note existing, there was no justification for the assault, and the master (Hume) was responsible for the actions of his servants. Plaintiff gave evidenoe as to the assault. Witness added that tbe sale note to Heme was given to evade a judgment summons, and the sale was not a bona fide one. Dr Deamer testified to the injuries received by the plaintiff. Percy Rogers, proprietor of the Tauberenikau Hotel, gave evidenoe as to seeing part of the assault. One of the defendant's servants was laying over plaintiff, but as far as he could see there! was no kicking or brutality. Henry Stratton Izard, solicitor of Greytown, said that the appearance of the plaintiff after the assault was that of a person who had been severely "mauled" about. Mr Dolan, for the defence, said that he relied solely for his case on its legal aspect. Thomas Ross, one of the defendants, said that when ue and the others visited plaintiff's house to take possession of the horse, he read the authority received from Mr Card, bun plaintiff would not listen to it, and tuld them to clear out. Witness' assistants forced the door of the stable open and the horse was taken out. Plaintiff's ribs must have beon broken when hj« tell across the stable door, and not by auy assault. Witness denied tnat the mode of soizure of the horse had been premeditated by the party. John W. . Card, solicitor, of Featherstou, stated that the sale note wS3 still in existenoe, and had not beeu discharged. It was now cßnsidered worthless. The sale note was intended to be bona fide. It was filed iu tbe Supreme Court, but in reality there was no sale. Joseph Kelly and Arthur MpKay also gave evidenoe. His Honour reserved judgment until this morning.