THE COURTS.

Press, Volume LVIII, Issue 17469, 1 June 1922, Page 4

THE COURTS.

• SUPREME COURT, t:t bankruptcy. (Before hid Honour Mr Justie© Adams.) MOTION FOB COMPOSITION. On behalf of the Official Assignee (Mr A. W. "U"litters) Mr A. T. Donnelly moved for tho Court's SLpprcyal ot a composition ajrreed to by the creditors of Harold Studholme, Clarer.ce Bridge, sneepfarmer. An application ivaa also made for an order annulling the adjudication. Mr E. J. 11053 appeared for bankrupt. In reply to his Honour, Mr Donnelly said that there was 110 suggestion that the Court should hold its hand on account of the composition hiding any improper proceeding. Mr Watters, in leplv lo his Honour, said that there' was no doubt that the money would bo obtained. The motion for approval of the composition *vas granted, and an order made annulling the adjudication. Cosfs £lO 10s v;ere aliowed, with witness--' expenses and disbursements. applic'»*;on for discharge. An application for the discharge from bankruptcy of George Gordon Clark, .Arthur's Pass, was made by Mr F. Wllitc9m.be. Mr F. D. Sargent opposed the application on behalf of M- J. D. Brake, Arthur's Pass, storekeeper, a judgment creditor Mr Sargent said that the bankrupt earned £5 Is a week, and it was understood that he had expressed his intention not to pay Mr Brake, although he had paid his other creditors in full. The rum due to Mr Brake was £75. awarded to him in an action for slander again3t bankrupt. His Honour said that the object of filing the petition :in bankruptcy must have been to avoid paviner the one debt. Mr 'Whifcombe said that bankrupt had a delicate wife, ::nd drring the last two years had hud to meet medical expenses amounting to £L?O. Bankrupt Btiid that he tvtis a caTpenter emnloved as outside foreman bv the Public \Vo*-ks TVpartment at Arthur's Pass. His Honour «ai'J that bankrupt had deceived his solicitor and was t;vin<? to deceive the Court as lo the cost of keening his wife. An order was made for discharge subject t-i bankrupt consenting to being entered against him by the Official Assignee for £SO, arrangements to be made witli the ( fficinl Asignee ftv the payment of the debt in instalments. Ilia Honour suggested that Mvmfiit should be made at the rate of £3 a month. OTHER APPLICATIONS. Charle3 Edvpard Clark (Mr C. S. Thomas), who had complied with a. condition that he should satisfy a judgment for £BO, was granted discharge from bankiT^tcy. Mr E. W. White applied for the discharge of John Tate, Hororata, labourer. In reply to hi 3 Honour, counsel said that he did not think bankrupt was in a position to make an arrangement for paying wages due to one creditor. The application was held over until the question of paying wages was considered. Mr M. J. Gresson. made an application for the discharge of Cyril St. George Oliver, Lowry Peaks, near Culverden, sheepfarmer. Mr F. S. Wilding, for the National Mortgage and Agency Co., said that the principal creditors made no charge of impropriety against the bankrupt, but they asked that the application be adjourned for three months. The assets which had been left in the hands of the manager of the company had not been realised. The chief assets had realised over £IOOO, and this had been paid to relatives for rent. The whole thing was a family affair. His Honour said that he could understand the only large creditor preferring to keep debtor bankrupt . for a further tl:iee months, but the Court could not take notice of such an objection. His Honour thought the bankrupt should be discharged. There was no public interest to be served by keeping bankruptcy over the head of debtor, a? there was no charge made against him. The order for discharge would be granted. Orders for discharge were made in f tvenr of Francis Cyril Davi Q on, Ashbi'rton (Mr C. S Thomas), 'Robert Fleming, M-thvcn. farmer (Mr F. S. Wilding), and Albert William Furse, Itotherham, sheepfarmer. IN BANCO. An appeal from the decision of J r r S. E. McCarthy, S.M., was made by Vr W. J. Hunter, en behalf of Clartnce Ashton Kobottom, hairdresser, who had been ordered in the Lower Court to . pay maintenance at the rate of 25s a week. Mr C S. Thomas appeared ior the respondent, Mabel Adelaide Kobottom. In setting out a statement of the case for appeal, the Magistrate stated that the appellant had repeatedly refused to eat food or use serviettes handled by the respondent, suggesting that she was uncleanly in her habits. The suggestion was . jnuue, but it was the result of obsession -on appellant's part. The appellant had river used physical violence to the respondent. Ho was, moreover, a sober and induscriotifl man. The appellant had encouraged the young children to disobey the respondent. The children had at times been insufficiently clotlied, owing to appellant's defaalt in , supplying the necessary money. The respondent was a highly-strung, nervo'is mo-tna-n-, and the result of her husband's tieatment, was that she Ruffered from hyste-ia, and became a nervous wreck. Her nervous condition was such that if she to cohabitation she would suffer in heaith, I and might lose her reason. During a quar--1 rel in August last appellant ordered resooiident to leave the house, which she did, and although appellant had since requested 10spor.dent to return to cohabitation she now refused to do so. Since August last appellant had-failed to maintain, the respondent. Mr Hunter said that there waa no evidence to justify the Magistrate's order, or to show that the respondent had cause to leave her husband. Counsel submitted that the idiosyncrasies of the appellant did rot constitute legal cruelty.' Mr Thomas said that the Magistrate's firming showed that there was legal criiV'y . Counsel submitted that the appeal was -wrongly found. It should be in fact, and not in law.' His Honour reserved his decision. Mr Hunter also appealed from the decision of thß Magistrate in convicting Robottom of attempting to leave New Zea'ind with intention to make default of paymenta | und:r a maintenance order. Counsel Bsiid that it waa admitted, that | appellant had sold his house at Ashburton, and gone to Napier, but it was wrong to assume that he intended going to Sydney. At the most the selling of the house «v.ild | only bo regarded as preparation to lei e, There waa no evidence to show guilty intention. Mr Thomas said that, as in the prevnna case, the appeal depended on whether there was any evidence to support the Magistrate's decision. His' Honour reserved his decision in this appeal also. MAGISTERIAL. WEDNESDAY. (Before Messrs J. H. Seager and S. Bullock, J.'a P.) FORGERY. William Withenj was charged that, on or about the Ctli October, 190U, at Wedderburn, Otago, ho did ma.lt© a certain false docu-nu-JLCi oy altering a genuine document in a material part, to wit, by the alteration of a duplicate engin-e-diiver's certincate of compfttney, dated the bth November, 1899, and issued in the name of Alexander Withers, ot Prcbbleton, the said alteration, consisting in the erasure of the Christian name of Alexander and the mibstuuiion oi the Christian nc;me William in> the said duplicate, and did thereby commit forgery. Mr A. T. Donnelly appeared for tho Crown, and Mr W. F. Tracy for the accused. ■ Mr Donnelly stated that the information waa laid under the Machinery Inspection Act. The alteration, which had Been made twenty years ago, had only recently code to light. James Young Alexander, Inspector of Machinery at Christchuich, stated that he vas inspecting some machinery at Cuat at tho end of last year. Accused -was driving the engine, and witness asked him to produce his driver's certificate. Witness saw that the name had been altered, and he afterwards ascertained that the original certificate had been issued in the name of Alexander Withers. Alexander Withers gave evidence that he was a brother of the accused, and waa the holder of the certificate in. question. letter applying i:or a duplicate certificate was not in his handwriting. He waa not aware that a, duplicate had been issued. Detective-Sergeant T. Gibson stated that, on April 11th, he had spoken to the accused at Oust, and put tho full facts of the case before him. - He had made a statement admitting his guilt. Accused pleaded guilty, ana was committed to the Supreme Court for sentence. Bail wan granted on accused's own recognisance of £IOO. ALLEGED MANSLAUGHTER. Phyllis Josephine Smith was charged that, on the 30th day of April, 1922, at Christchurch, she did unlawfully cause death of her newly-born male child, and did thereby i commit the crime of manslaughter, j Tho cfis<s was adjourned till June 7th, and ; the accused was not taken into custody. BEMAXDED. John Kargreavt-s was charged with the theft, on May 30th, at Christchurch, of one , fiva stone diamond ring, valued at £3O, the |

property of som« person •unknown. Accused was re.-nanded till June 9th. ADJOURNED. Oa tt« information of Florence McK*r. a charge was laid against Watson's, Limited, jewellers (Mr W. F. Tracy), of causing » I receipt to be written without being stamped. The case was adjourned for a week. (Before Mr H. It. Widdowson, S.M.) CLAIM AGAINST TRAMWAY BOARD. Catherine Hawker., of Ckr-stchurch (Mr S. E. McCarthy) proceeded against the Christchurch Tramwav Board (Mr J. H. Uphani) to iccover £ICO damages alleged to be due to the negligence cf agents of the defendants. U was aiiesred that an accident took pwco when plaintiff was alighting from a tram-car at the intersection of Antigua, street and Oxford terrace on October 27th, 1,9-21. Plaintiff stated that when the tram stopped she had one foot on the road and the other on the stop of tho tram. The car started again and then stopped. She hung on to the bar with both hands. She was not thrown to the ground. As a result of tho accident she was now hardly able to dress herself, and could not earn her own living. She was 70 years of age, and her only source of income was an old age pension. Previously she had been able to earn an additional 10s per week. Dr. A. C. Thompson state-.! that the accident had affected plaintiff's health to a certain extent. All that could be definitely ascribed to the accident, however, was a certain amount of shock. _ This concluded the case for the plaintiff. Da rid Irvine, tram conductor, stated that when the car stopped at Antigua street ho was in the front end of the trailer in which plaintiff was travelling. "When she had alighted he gave the signal to move on. Plaintiff grasped the rail again, and someone gave the signal to stop. He did not know why plaintiff acted as she did. A motor-car was coming up behind, but he could not say whether this had frightened her or not. To Mr McCarthy: Ho made quite certain that plaintiff was clear of tho car beforo he gave the signal to proceed. ■ William Henry Young, motoiman, said that, on getting the signal to stop, he had pulled up within about two feet. He had not reported tVte matter because he considered that there had been no accident. Stanley Pepperell, niotorman, also gave evidence. Mr Upham. submitted that the evidence should be very carefully examined, as claims were so easily made against the Tramway Board, and ■ after such a lapse of time they were very hard to disprove Mr McCarthy said that the plaintiff was entitled to receive some compensation' for tho accident. , The Magistrate said that, though he sympathised with the old lady, he could not allow sentiment to interfere with the administration of the law. Negligence.had notbeen proved, and judgment would be given for defendants without costs.

IN OTHER PL4CES. SUPREME COURT SENTENCES. (press association telegha'm.) AUCKLAND, May 31. At the Supreme Court John Riddell, on three- charges of forgery and uttering, was sentenced to two years' reformative treatment. Charles Hemi' Marino, for breaking and entering, on four charg3J, received two years' reformative detention.' John Gibb Hastings, for theft, was sentenced to twelve months' haul labour: ■ Jim Noble, breaking and entering and theft, ■ twelve months' imprisonment; and James Bennington, theft and false pretences, sixteen months' on each charge. . , THEFT CHARGES. (?RISS ASSOCIATION TKLEGBAK.) „ , WELLINGTON, May 31. Alexander Gemmell (21), who was discovered oa the roof of the premises of G. Fowldfc, Ltd., on\Saturday night, appeared in the Polios Court to-day to answer il ° f breaking and entering and theft. According to the police • evidence Uemmell when arrested, said: "The game ** U P- He als ° said that he was responsible for many other burglaries in the city He was committer! io the Supreme Court