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LAW COURTS.
SUPREME COURT-CIVIL SITTINGS.
THURSDAY, JULY 29.
[Before His Honor Mr. Justice Boucaut and
Special Juries.]
IN THE CLAIR OF U. C. WHITED AND THE SEWAGE
AND LAND CIAUSES CONSOLIDATION ACTS.
The Hon. C. Mann, Q. C., with Mr. A. Davies,
for the claimant; Mr. J. W. Downer. Q.C., with
Mr. C. C Kingston, for tbe Commissioner of
Sewere.
Tiii* was a claim by 'Vau Vfieeseman
Whittle, ot iteroCi, termer, to recover £«00 for
iih;b wm<? oi laud, portion of section 39^,
Hundred of Yatala, taken by the Government
1 for the purpose of forming tie towage faro at
Tarn O'dcanter Belt. The offer made on be
half o.f tU) Guvenmiertt was £125. The land
I formed part of a farm let on a lease having
about thirteen years to run, at a rental ?I (ess
than £1 per acre. The ■iluussus for the claim
ant estimated the land as being worth on ac
count of its proximity to the railway-sheds from
£IUO to £60 an acre. Mr.F.J. Dotting, who valued
the land on behalf of the Government, and was
substantially supported l>y several other gentle
men. tiTed tLe price, at £15 per acre for agricul
tural laud, aad £30 per acre if oat up into
building allotments, and, tho reversioual interest
in thi-laud a: about iJlt-5. Ie was also shown in
evidence that a large block of land about a mile
trum the oisjmont's land, and leas valuable than
his, bad been purchased two jears ago by Mr. J.
li. Angas for £10 per acre.
Tbe jury asseoed tbe value of the land at
£3u per acre=£27o; and IU per oetit. advance
(or the compulsory sale—£27 ; less the value of
the value ot the lease, £72. Total, £226.
A vpruici was entered accordingly.
The uuw claimant had a second action for
£$,000 against the Government in respect to 60 ,
acres of lsnd, part of section 391, taken for
sewage farm purposes ; but it was determined, ;
after a coutulUkUou betwaou counsel, to accept
tue.sam offered—?l,duO. j
A verdict was entered accordingly.
Toe court then adjourned. j
— •
VIOBADMIKALTY COTJfiT.
Fbidat, Jri.T3o.
[Before His Houor tbo Chief Jattice.]
IS THIS IIAIM OF ?JA*WOOD AND OTHBRS AMD THE
HA^TAlim UIBUVK KUSK.
The Attorney -Ueiwral (.the Hon. W. H.
Buudey, ijO. I for the nromaters, Uessrs. M.
Marwood A C0.,0f Adelaide, merchants.
At tbe request of the master of tbe vessel,
F. \V Permieu. £035 Is. 7d. was advanced for
repairs to the vessel aud paying the wages of
Die crew during the months of February, March,
April, aud May. The action was commenced ou
Hay 15 ; a warrant was also issued, and the. ship
arrested. On May 35 tbe parties cited did not
appear, and wero pronounced to beia default.
On July 3d a second default was pronounced.
The Attorney-General now moved for a
decree pronouncing for the amount of the
plaintiffs' demand, and giving them a lien on
tuo property. The suit was commenced to
Tvrjiver uectVsaries, but to include tbe money
advanced for repairs. The Attorney-General, on
the autu irity of Skipiurth, 10 L.J., X.d , 43,
obt&uieU au amendment to insert tbe words
'• tor necessaries and repairs." He also quoted
Williams aud Bruce, Admiralty Practice.
153-159. as knowing the extent of the word
•' necessaries." in support of the appl icaticn an
affidavit by Mr. A. Ballautyue, a member of tbe
tirm of M. Marwood & Co, was read, which,after
setting cut the facts, stated that there was no
owut?r of tee voasel domiciled in the province.
The decree was granted.
Mr. Harold Downer, on behalf of John
Scbroejw, second mate of the Elise, made a
similar application with respect to £34 15s. 9d.
for wages due, wbioh was granted.
Subsequently Mr. Downer moved for a decree
fur an appraisement and sale of the ship, in
support of which affidavits ty Leoubard aud
Johu Schroeder were read, which stated that
the vessel was lying in toa port stream exposed
to the weather, and was detorioratiDfc iv value.
Tha decree was granted.
The court adjourned till Monday, August |6.
LOCAL OOUUT—POKT PIBOB. |
TV'KSUAV, JDI.Y 27.
I lk-fore Mr. Kiimunds S.M., and Juries.]
Lockk v. Kihuhb.—£loo, damages for illegal
and malicious trespass. Mr. Poilitt for the
plaiutitf, and Mr. Turner for defendant. Mr.
l'ollitt in opening the case said tbat the facts
were that on June 15 the defendant, as secre
tary of the Port Pirie Football Club, issued a 1
summons far a small amount and afterwards
illegally issued execution, and judgment was
signed. Tlie. plaintiff said he received a special
summons on June 13, and the next be
heard of tbu affair was that there
waa an execution put iuto his house, j
He had inntruoted Mr. Poilitt to enter;
appearauce for him ou the morning of June 23.
Went to the courthouse on that date ac 950
a.m. for the purpose of eutr-riuj; an appearance.
An execution was afterwards put iuto his house,
and the bailiff had possession for five days at
least. His goods were seised and tbe place
taken possession of. Had had to pay all ex
penses, amounting to about £5. The summons
was (or £2 16s. id., alleged to be dug by witness
to the Port Pirie Football Qlub. In consequence
of these proceedings every creditor be owed
anything to had sent-his bill in, and his
credit was stopped to a great extent. Thought
bis loss would be about £20. Mr. Tur
ner a?ked that the declaration as to
trespass might be gtruok out, as the land upon
which tUa ulleged trespass had been made was
not sufficiently specified, and the bench agre- d.
A G. Poilitt, solicitor, said he remembered June
22. Iv consequence of what^ne heard be.issued
au interlocutory summons, aud paid iuto" court
£.i IS*. 7il. under protest. Afterwards at
tended on au interlocutory summons,
and paid 355. bailiffs fees, and there
were other costs as well. To his know
ledge bo far 33 the matter had gone the plain
tiff would be liable for between £15 and £20.
Mr. Turner moved for a nonsuit;, on the ground
that there was no malice proved, that it was
also uecessary to show in addition to malice tna,fc
judgment and execution were istued without
reasonable and probable cause; also that it was
for the S.M. to soy on what grounds the judg
ment was set aside, which he submitted were
totally different to those alleged by plaintiff.
The B.M. said be would pat those matter* to
the jury. Counsel then uukde their addresses,
the S.of summed up, and the jnry gave a verdict
I far tbe defendant.
SirrTK? v.Abbott' —£100, damages|for slander.
Mr. Pollit) for the plaintiff, and Mr. Turner for
defendant. The plaintiff said he remembered
being at Howe's Hotel on July 5, about 9 p jn.,
when there were some 30 persons in the room.
Saw the defendant there, and as soon as witness
entered he said, *I Bee before me a villain, a
scoundrel, a swindler, end a forger, and a
greater scoundrel is not living." In saying
this defendant pointed; to witness with his
finger, and described him by his clothes. He
repeated the words several times, and said he
could prove what he said. About three weeks
previous, while witness was at the post-office,
defendant used similar language aud conduct
towards him, and on another occasion he did
the same. Gould not say *bat damage the
defendant's conduct had caused. Never com
mitted forgery by using the defendant's name
in an advertisement or otherwise. Had a dis
pute with the defendant some time ago, but bad
no reason to find fault with the jury then for
their decision. By Mr. Turner—My character
has been injured by the defendant. I never
found that the decision of the jury in Novem
ber last injured my character. The defendant
wa« in my employ ; in 1879, bat do not re
member when be left me. Nerer said to defen
dant that I would give him £100 to burn my
abop down, or anything of the kind. My
character has been injured by the circu
lation of the slander, and I have felt it
very keenly. I did not write to the defendant
prior to this action being taken. Toe defendant
* is the only man who has ever used such lan
guage towards me. Henry Valentine said he
was at plaintiff's place one day to be measured
for a suit of clothes. A few days afterirarde
was at defendant's shop when he said, ".You ere
a nice pair of boys to throw me over and patro
nise a forger." Thought the plaintiff wts meant.
James Marrett said be saw the plaintiff at
Howe's Hotel on July 5 in the evening, and
also the defendant, who said in the presence of
several "I am not ab scoundrel like
the man with the white belltopper; I
mention no name, but everybody knows
him." By Mr. Turner—On going out of
the parlor the defendant said he did
not mention any name. Hr. Turner moved
for a nonsuit, on the grounds that the words
''swindler"and "forger" were not indictable.
It had not been shown that there was any
malice on the part of his client when he used
the words. Ths malice, if any, was all on the
plaintiff's side, as he did not give the defendant
an opportunity to apologise for words used
while in an excited state. The bench did not
entertain the request for a nonsuit. The de
fendant said he was a.t Howe's Hotel on the
occasion in question when he saw Mr. O'Neill
and about ' twenty other people there,
including the plaintiff. Said, "I see a man
before me with," &«., but never mentioned the
plaintiff* name. Did not tell any one who he
w«ant, but be did mean the plaintiff. When he
went to Fort Pirie he was very poor, and he
worked for the plaintiff. In March, iST9, the
plaintiff said to witness, ** I will give you £100
If you set fire to ray shop, I am insured for
£500, and Stand, next door, is also insured,
sad cant suffer. I shall send my wife to town,
and afterwards I shall take a shop in a central
place, and you as a partner." In reply, witness
aaid he would not be so mean as to do BUcfa
a thing. Toe plaintiff was a bad man. and
would injure any one clandestinely, His cha
racter was worth nothing, fttade use of the
words complained of because they were true,and
bad no mal;co. Miebaei O'Neill said he knew
£p^ ue plaintiff and the defendant. Bc-mem
| bered being in Howe's Hotei on the evening in
question, and b{*rd tfee words complained of
j used, bat «c name "was mentioned. Gould not
say vho was referred to. Another witness gave
similar evidence, after which the jury gave a
verdict for the defendant.
POLICE COUBT—ADELAIDE.
Thcksdat, Jets 2ft.
[Before Messrs. S. Beddome, P.M., G. Styles,
J.P.. and O. Smedley, J.P.]
INSPBCTOB SKAKXSPEARE'S INFORMATIONS.
Henry Brooks, charged with driving across
the intersection of Rundle and Hindley streets
at more than a walking pace, was fined 10s. and
fees.
Samuel Herbert Cashmere, tobacconist, was
fined 20s. far keeping his shop open on Sunday,
July 25, for the pnrpo*e of trade. Defendant
was allowed two months in which to pay the
penalty.
Edmund Diryer, cabdriver, was charged with
having no light inside his vehicle on July 17.
Fined 20s. The same defendant had to pay Ss.
and fees for being at too great a distance from
bis vehicle whilst in charge of the same.
Conrad Jafjcr was mulcted in 20*. and fees
for keeping hia shop open on Sunday, July So,
for the purpose of trade.
Robert Wtthrral and William Walsh, cab
drivers, were charged with having no light
inside their vehicles on the night of July 17.
Fined 10a. each and fees.
Carrie Crotbu was charged with having the
chief control of a brothel in Gilbert-street. Mr.
Shakespeare stated that the defendant bad
promised to return to her parents, sad he would
therefore ask to withdraw the information on
payment of fees. This was agreed to.
rOUCS AKU OTHRB CASES.
John King and Elisabeth Geoykan were fined
10s. each for drunkenness.
Mary Aku Rocauy and AiujKsla Watson had to
pay 10s. each for loitering. He.
Emily Shaw was fined 10s. for using indecent
language.
Ellen Evans and Wm. Coach had to pay 10s.
each for drunkenness.
Ellen Smith, for behaving in a riotous manner
on the park lands, was fined 10s. and fees.
Wilkdmina James was fined ss. and fees for
using insulting words with intent to provoke a
breach of tbe peace.
George White wa? charged with stealing from
Thomas Albert Wallace a bay horse, value £15,
a saddle, value £8, and a bridle, value 355., on
July 27, at Parkside. The prosecutor said he
stopped at the Fountain Inn on xbe evening in
question on his way home, and tied his horse j
up. Prisoner jumped on the aDimal and rode :
away without his authority. He bad not seen
the horse since. Detective Johnson said he ar- I
rested the prisoner. He said, *• I took the
horse, but it bolted away." Bemanded till
Monday. i
I J-nnet Rarr<M, law clerk, was charged by Alice
Runny, (ingle woman, with beating and as
saulting her at Adelaide, on July 17. Mr. V.
V. Smith appeared for the prosecution, and Mr.
S. G. Kingston for the defence. The proeecutrix
stated that she was at a home in Gouger-street
I west, occupied by Catherine Revett,on Saturday
evening, July 17. The defendant wag in the
home. She left for a abort time to go to a shop,
and on returning found Barrett kickiug Kevett
aboat the floor. Oa interfering he struck
her in. the face; she then struck him
with an umbrella, and he knocked her down
and kicked her till she was insensible, inflicting
several severe wounds and braise* on her face
and body. Dr. Cawley aaid he was eall«d ou
July 19 to see Bunny, and found her in bed
suffering from several bruises on her face. —
Barrttt was farther charged with damaging a
black esshmer* and satin dress, the property
of Catherine Kevett, on Saturday, July 17, to
the extent of £7 7a. The prosecutrix stated
hat the defendant caught hold of her
aud tore her dress nearly off. James
Barrett stated in defence that he went
to the home ou the uight in question for the
purpose of paying for some beer which he had
previously had, and that whilst he v? there
the prosecutrix asued him for some money, and
put ber hand in his pocket. He caught hold of
her hand in fun, when she weut behind him,
and struck him on the bead. He fell down,and
the two women attacked him in such a manner
that he was bound to strike out with his fists
and kick for fear they would do him some
serious injury. In the first instance the defen
dant was fined 10s. and costs, and in the second
instance fined 20s. and ordered ta pay £4
damages and costs. A cross-iuformatiou laid
against Ramsay was dismissed.
Fhiqat, Jcly 30.
{Before Mr. 8. Beddome.P.M .1
Hugh Harrigan was fined 10s. for being
drunk.
Alfred Hints, for using indtcei<t language,
was fined 10a.
William (ribbon*., Cztkeme Ltnane, and Char
lotit Nut,* ware fined 10s. each for drunkenness.
Mo/y Ann HUsbury and Elizabeth Harrigan
h%d ta pay 10*. each for riotous behavior.
Gusta* Barbeclc was charged with having no
lawful visible means of support. Defendant
stated that he wished to go to the Destitute
Asylum. Discharged.
Ma:;iaret Spinder, Jan.es Spindir, and Agnes
Spind.tr, charged with being uncontrollable
children, were sent to the Industrial School for
three months.
Mary Ann Gearing and Jamet Patrick Burke
were charged with unlawfully and maliciously
wounding John Gearing, en July 28. at Ade
laide. Mr. W.V. Smith appeared for Burke. Pro
secutor, who is a laborer living in Currie-Btreet,
aaid the prisoner Burke came to his house ou
Wednesday afternoon, and on his arrival the
, female prisoner, witness's wife, ran out of the
I house. Burke said he would like to kill witness
I with a knife. Shut the front door, and went out
the back to where he saw about fifty persons oa
the premises. Told the male prisoner to go
aw^y. but he refused. Kicked the gate open with
his feetfand threw several stones, one of
which hit witness on the head. Burke also
threw a black bottle which struck witness on
the temple, rendering him insensible. The
female prisoner threw stones, none of which
struck him. She said "I did it. Burke, aud I
will Buffer for it." Wituee&was takes to the
hospital. Dr. Wilson, home surgeon at the
hospital, said be saw Gearing at the hrepital
about 5 pjn. on Wednesday last. Examined
him, and found an incised wound on toe front
part of the head an inch and a half long. There
was also a contused wound on the bask part of the
head, and a small wound on the nose. Xbe wound
on die front part of the bead might be caused by
a bottle like that produced, and the wound on
the back of the head was most likely caused by
a stone. Other evidence having been given by
Alfred Hughes and Catherine Gearing, Detec
tive Farquhar said he attested the prisoners.
The female said, ** lam guilt}'; he is innocent."
Barke made no statement. Xbe prisoners were
committed for trial, bail refused.—A croes
information laid against John Gearing by the
female prisoner for finmnilthiE her was dis
missed.
Thomas Young was charged with assaulting
John Fry, at Stirling Bart, on July 8. Mr. C. i
Kingston appeared for the prosecution. D
fendant pleaded guilty, sod was fined £5.
Young was furfbercharged with assaulting John
Fry on the same date, and bad to pay a like
amount.
Fredtruk Sine* was ebarged with being in
debted to Henry Vtseeht Harvey ?? *be ■Qm
of £5 18s. 74, being wages doe. Mr. O. C.
Kingston appeared for the defendant. Ordered
to pay £3.
POLICE COUBT—POST ADELAIDE.
Friday, Jcit 30.
[Before Mr. E. J. Tenter, S.M.]
John Walton, cuter,pleaded guilty toaeharge
laid by P. C Davidson or torturing three bones
by working them with sore shoulders. Fined
20a., and costs 10s.
Judak lipnuoL, fishmonger, for a similar offence,
-eras fined 10b. and oasts 15s.
W. D. Thompson, contractor, m ebarged by
Inspector fiioharda with neglecting to have a
light on his dray at night. Fined Ss. auJ caste
15b.
$