THE COURTS.

Press, Volume LVIII, Issue 17471, 3 June 1922, Page 13

THE COURTS.

SUPREME COURT. CIVIL SITTINGS. (Before his Honour Mr Justice Adams.) The civil eittings of the Supreme Court were continued yesterday. CLAIM FOR DAMAGES. The hearing was resumed of the action for £522 16s damages on behalf of William Brew Woods, a bov aged 11 years, by William Brew, tobacconist, Keff Brighton (hi» grandfather), the defendant being David Rcdgers, a retired hotelkceper. The claim arose out of an accident, in which the plaintiff, a schoolboy, was knocked down by defendants oar on Seaview road. New Brighton, on December 13th, 1921. The amount of the claim was made up of £5Ol general damages and £2l 16b special damages. Mr W. R. Lasceile3 appeared for the plaintiff and Mr C. S. Thomas, with him Mr R. A. Cuthbert, for the defendant. Counsel addressed the jury and his Honour summed up. The jury retired at 12.8 p.m., and returned at 12.30 p.m., with a verdict for plaintiff for £4OO.

His Honour entered up judgment accordingly, with costs as per scale,.disbursements and witnesses' expenses to be fixed by the Registrar. His Honour certified for £ls 15s for second day. He also ordered that t.ho amount of judgment he paid into Court, and after the amount of costs as between solicitor and client had been taxed by the Registrar, the balance to be handed to the Public Trusts? to administer for the plaintiff in .iccorJanco wit'i section 13 of the Eablic Trust Office Amendment Act, 1913. IN DIVORCE. In each of the following undefended petitions his Honour granted a decree nisi (to be made absolute in three months) on the grounds staled:— ' Charles Alexander Kellaway (Mr J. R. Cuningham) v. Annie Kellaway (Mr R. A. Cuthbert) (separation between the parties). An order for alimony at £2 per week was made. __ Kathleen Snow (Mr H. H. Hanna) T. Ernest Snow (separation order). Lilias Maud Blake (Mr Thomas) t. Andrew BUko (desertion). _ Victor Charles Curtis , (Mr Thomas) t. Gertrude Curtis (adultery). Matilda McArthur, (Mr F. S. Wilding) v. William Peter McArthur (failure to comply with decree for the restitution of conjugal rights). Jessio, May Forman (Mr Cunmgham) v. Reginald George Formun (tdultery). Winifred Gertrude McKeitch (Mr A. W. Brown) v. Ernest Cordon McKeitch (desertion). Bertha do Rohan Norgato (Mr Thomas) v. Wm. Henry Norgate (separation order). Eva Elizabeth Macrae (Mr Thomas) v. Thomas Macrae (adultery). Mr Cuningham watched the case on behalf of respondent. Ann Leah Romer (Mr Cuthbert) v. Charles Hamilton Romer (desertion). Ivo Reginald Hellier (Mr Cuthbert) -r. Eileen Margaret Hellier, Martin Mullaly was named as co-respondent (adultery). Edwin .Samuel Rainbow (Mr A. J. Malley) v. Amy Rainbow (desertion). Mary Ellen Napier (Mr Thomas) v. Alfred Clark'Napier (adultery). Mr Cuthbert appeared for resnondent. on the oucation of the custody of the son, 14J years of oge. Altar hearing' evidence, his Honour made an order granting custody of the boy to respondent between 2 p.m. and 5 p.m. each Sunday. Harriet Mary GuJleford (Mr J. F. Murphy) v. Richard Henry Gulleford (desertion). CRIMINAL JURISDICTION. PRISONERS FOR SENTENCE. Albert Cundy, 22 years of age, theft of niotoi-car, was presented for sentence. Mr C. S. Thomas (tor Mr R. Twyneham) appeared for- prisoner, and, in appealing for leniency, said that up to the committal of tho offence he had an excellent record. Prisoner was an Englishman, and had joined the British Navy and had fought in the great war. His record in the Navy was an excellent one, and he had won a decoration for oiavery in action. Prisoner had got in with a bad set of men, who had persuaded him to sell the motor-car, and afterwards stole tho proceeds of the sale from him. Mr A. T. Donnelly, Crown Prosecutor, said that the man who bought the car lost £6O on tile final adjustment with the owner. Hiu Honour examined prisoner's discharge, and drew attention to the dissimilarity of tho handwriting of the entry regarding the Distinguished Conduct Medal from that of tho signature of tho commodore. Later, his Honour referred to the simi]arity between the handwriting of the entry on the discharge and- that on au application for the issue of the medal.

Mr Thomas, after consulting prisoner, said that prisoner stated that he did not make entry on the discharge Ul'.imately the matter was remanded till Wednesday next at 10.15 a.m., an endeavour to be made in the meantime to ascertain whether prisoner did receive the D.S.M. Alfred William Donaldson, theft of a coat, was unrepresented by counsel. There were five previous convictions for theft; prisoner was released on probation on April 21st last. His Honour imposed a eentenco of 18 months imprisonment with hard laoourprisoner was also declared to be an habitual criminal. • William Withers, forgery of traction-engine Jrivcrs certificate, was represented by Mr .Thomas, who asked for probation. Mr Donnelly .aid thn_t, apart from the preoir e ;^ Ie WaS l ao which could be made against prisoner. ±n,>_ matter was adjourned till Wednesday, his Honour desiring to liave before him a report from tho probation officer. Monday adjoUMed li " ".15 a.m. on

MAGISTERIAL. FRIDAY. (Before Sir "Wyvern Wilson, S.M.) DRUNKENNESS. Henry John Beck, on a charge of having been helplessly drunk at Rangiora, was convicted and ordered to pay medical expanses, to 17s 6d, in default 48 hours 5 imprisonment. Mary McKegney explained, when charged with drunkenness, that eho had been working hard till Thursday, when she took a little drink, which went to hsr head. The Hagfstrate said eho had w«U oror 100 convictions against her, but there had been an improvement in the last six or eight months. He would give hex another chance, because her behaviour had been 80 much better this year. She would be convicted and fined ICo, in default i 6 hoars' imprisonment. A first offender was fined ss, in default 24 hours' imprisonment. REMANDED. Charles James flutey (Mr "W. F. Tracy) was charged that on May 31st, he brokis and entered the warehouse of Maddren Bros, and stole four bolts of hesaian, valued at £l2. Chief-Detective A. Cameron applied far a remand until June 7th, which was granted. Bail Wfts refused.

William Brca-jue Caut, formerly dog tux [ collector to-the ibroi County Council, iks ! charged that, between October Mth and December 16th, 1919, it Duvauche!!*. ho rereived £si os in tonus requiring him to par the samo to Gordon H. O'Callaghan, or.d that he fraudulently omitted to pity £O9 5a to O'Caiiaghau. The. Chief Detective asked fcr a remand in order that ike casa might bo taken at Akarca. The remard was granted, bail 1-eirr aJ» ; lowed, self in £IOO and in two sureties of, £SO. RETURNED TO ARMY- HOME. Mavis Ramsay, aged 19 years, appeared ot» n. charge of having absconded from tho Salvation Army Reformatory. It was stated that accused had boen convicted and orderfd to remain in the Homo on a T»grancy charge, hut had escaped. Accused vas convicted and sentenced to M days' imprisonment, rind was ordered to be returned to the Home after that tonu. ALLEGED ARSON. James Walkington Stnytho (Mr A. S. Taylor), aged 33 years, was charged that, oi May sth, 19-2-2, at Loikoura, ho -wilfully set fire to a building-, thereby committing' the crime cf arson. A remand .was applied for in order that accused might be dealt with at Kaikouro, and.he was remanded until June 9th. Bail was not allowed. PROBATION GRANTED. Robert Edward Downing, a young man, was charged with the theft, on April 26th, at Papanui, of an Eadie coaster hub, a pair of rubber pedals, a bicyclo axle, a chain, two ball races, and two sprocket wheels, of a. total value of £2 6s, the property of F. H. Patterson. Chief-Detective Cameron said accused had tdmitted that he had stolen the articles. On June 25th, 1921, ho had boen admitted to probation for two years on thxep charges of theft. Tho Magistrate admitted accused to probation for three years, on the conditions that he paid 100 6d, the value of the missing articles, and was not out at night later than 8 o'clock for the next six months. OYSTERS LEAD TO ASSAULT. Richard Carey (Mr R. H. Livingstone) was charged that, on April 17th, at Riocarton, he did unlawfully assault one Alick Blackwood. Evidence was given that defendant,, who kept an oyster stand, had knocked a plate' of oysters out of complainant's hand with a crutch, and had bruised his fingers. Mr Livingstone stated that defendant thought complainant had not paid for his ovsters. "Defendant was convicted and lined £l and expenses. OBSCENE LANGUAGE. Herbert Gleeson (Mr W. P. Tracy) pleaded not guilty to having used chacene language on May Gth, within the hearing of passersby, in Carlisle street. Ho was fined £3 and ccsts. _ BY-LAW CASES.

For dangerous speeding, John. Brown and Cyril Higga were each lined 10s and costs. For leaving motor vehicle-.? without lights George. H. Christie and Alfwd Ernpson were each fined 10s Fred. Curtis and William Joseph London were each fined 10s for riding bicyeiea without lights. Ernest J. Fisher was fined 5s for leaving a oar unattended. . L Jenkins, for having no registration mark on his motor-cycle, was fined 5s and costs. Theodore Julius Caesar was ordered to pay costs, 7s, for leaving a motor vehicle without lights. , Wiliiam Charles Sanders was fined 20a lor driving- a motor-car without lights. For leaving a car without lights Thomaa William Woodroffo was ordered to pay costs 7s, and Henrv S-sarie, for leaving a motorcycle without "lights was fined 10a and costs For permitting accumulations of refuse- to be contained in unsuitable receptacles, Annu. Collins, Louisa Arnott, Donald Bow-en Ann Mcßeath, Margaret Sexton, and Johnston Thomaß were each fined 7s and costß - fl Harold Odering, for discharging » fireara in the city, was fined 20s and costs For epeeoing, Eeubon John Robinson was fined 20s and costs. MAINTENANCE. Sheila Mary Courtney (Mr E ; 0. Abernethy) proceeded against CouitUy, vnloaniser, of Crmstchurch 1-* W J Ciacroft-Wilson), for separation and hea S r:n" d to evident the Magistrate mail thf sedation order, xawntcnan* being &xc-& at 35s per week.

ASHBURTON. (Before M- E, D. Mosley, S.M.) Robert Kirk, *» old man, WW**™!* mand on a charge of being au idle and da orderly person. He was again remanded. tor a week, in the meantime to remain in Tuaraugi Old Men's Home. Nelson Joyce (Mr Buchanan) wae■ ch.rged with the theft of an overcoat, Yarned at Jo the property of Gordon Snow, of Chmtchurch. He was remanded for a week, bail being allowed, himself in £IOO and one TohVßofer?' Scott (Mr McCarthy), was charged with the disobedience of a maintenance order in respect to his wife and two children, the order being about £IBO in arrears. He was convicted and sentenced to three months' imprisonment, the order to be suspended so long as he paid 10s per week off the- arrears and 12s fid per week towurds the aupport of each child, the order being varied so as not to apply to the wile. Mr Wanklyn appeared for the informant. p \V Hervov and C. Kirkley were each fined 20s and costs for speeding on tho Ashburton traffic bridge. In a judgment summons case, J. ±\ Jones (Mr Orbell) v. A. A. Napier (Mr Buchanan), claim £3l 14s, no order was made. William Thomas Low (Mr Orbell, with him Mr Buchanan) -claimed from Herbert Barnes (Mr- Woods) possession of a trotting: horse, Bay Boy, which defendant had had to train. 'Barnes put in a counter-claim of, £35 for training and feeding the horse since last September, or the right to retain possession of the horse to the end of July, 1923. Judgment waa given for plaintiff for immediate possession of the horse. Defendant was non-suited on the counter-claim., with costs £l2 10s.