THE COURTS.

Press, Volume LX, Issue 18234, 19 November 1924, Page 6

THE COURTS.

SUPREME COURT. CRIMINAL SESSIONS. (Before his Honour Sir Justice Adairs.) Tfce criminal sessions of the Supreme Court were continued Yesterday. ■ . Mr A. T. Docn9l!y' appeared for > the Crown. INDECENT ASSAULT. Pete? Eeevil Johnston pleaded not jruilty to indecently assaulting three boys at the Tepid Baths on August 25th last. Th© defendant was represented by Mr Hunter. Mr Donnelly, .Crown Prosecutor, said th&'t the accused had picked up three boys in'the street and accorncanied them to the Tepid Baths. It was there that the alleged offences were 'committed. The ease, h 8 said, denVnded on the evidence of the boys. The evidence of each one of the boys corroborated that of tie others. The accused was _a. stranger to the boys when he met them. The offences took nlace in the baths. The boys laid a complaint to the attendant, and Johnston was arrested. Evidence was given by the boys in question. Tiie jury fcund prisoner guilty on all counts. Sentence was deferred till Friday. Alfred Saucers pleaded not guilty to a. charge- of indecently assaulting a girl 13 rears of 'Mr A. C. Cotueli . appeared for the defendant. Evidence was given by the girl in' question. The jury retired at 3.?0 p.m. and returned at 4.M p.m. with a verdict of Sentence was deferred t : !l Friday. BREAKING AND ENTERING.

Timothy O'Connell and Jame3 Patrick Madden pleaded not guilty to a. charge : of breaking and''entering in© shop of Mrs "Ruby Barrer and stealing tins of pineapple, apricots, seedless raisins, and peanuts, to the value c-f 7s 6d.

Mr A. J. Malley appeared for O'Connell and Mr C. S. Thomas for Madden. .

Mr Donnelly said that Ruby Barrer on the night of October 20th had heard a crash of glass. She called a man named Marne, who called a constable, who caught the men and searched them. The tins wore found in the park. He found on them mitß and raisins, . the same as these that were in the shop window. The finger prints were proved to be those of Madden. The case against O'Connell was not so strong.

Ruby Barrer', a widow, fruiterer and 'confectioner, residing at Tu<im street, said that she had heard & crash of -sjlass at 11.30 p.m. She- got into communication with a policeman and-he brought the accused to her. • Constable 'Waterton said ho saw the accused petting on their bicycles going towards the park. They went to the hospital, and then started to walk back. They ssrid they had been to Fuller's, but refused to say where they had been after the performance. They allowed witness to search, them. O'Connell "told witness he got the peanuts from tho Chinaman's. - .

Scnicr-Sergeai:t Edmund "Walter 'Dinnie.'.iu charge of the registration branch, Wellington, said that he was certain that the linger prints on the glass eent to him were tho3e of Madden. The finger prints wore on both sides of the glass. ■ _ . Mr Thomas said the men had been in the shop earlier in the evening. The peanuts were in a ba», They would not"he so. if they w«m in a shop window. He eubrnitted'that it was quite likely the inen had nothing to do with the theft. His Honour, summing up, said there was nothing to connect O'Cormell directly, with the offence. The fact that the finger prints were on both' sides disproved the theory that the finger prints had been put there earlier in the evening before the breaking of.the glass. The jury retired at 4.26 p.m. and returned later with a, verdict that both men were guilty. Sentence was deferred till Friday. ALLEGED THEET. William Laurence Smith pleaded not guilty to " a charge of having stolen on October 16th a, number of motor tools and appliances, the property 01 Todd, Ltd. Mr o*B' Tbomaa appeared for accused. Mr Donnelly, outlining the case,said.the accused was working for the Todd Motor Company. He/had been found with a number of motor tools, and gear' in his possession. Ho had /admitted most of them were the property of the' Todd Mote Company. Ho had given no explanation as to how he came to have them. , ~ ™, -, r _,_, James Cruze, manager of the ,Todd tompany, said he found a number of goods in accused's possession. Witness took away the goods that*accused admitted belonged to the C °Donald Clive Ingles, an employee of the company, and: Walter S. Laugeson, police c3ble, gave evidence along the same * Smith,--giving evidence.■ *id> *&■?£■ The prisoner was discharged. The Court adjourned until 10.15 a.m. today.

•• IN CHAMBERS. ' • Probate has ifi g deceased per S onS D .^at^-E|telleM^ Thornton (Mr G- D. *»«*?£> £ , He i en Butterfield (Mr J. * Emma Stout (Mr A B. C a ,rf Si?V' £ w Arthur . jamea Morris (Mr 3. Motions for Tinwru). L BT jsiNESS.- • The order of civil business will be settled at 2.30 P.m. to-morrow.

MAGISTERIAL. ■ TUESDAY. (Before Mr Wyvern Wikon, S.M.) . DRUNKENNESS, -rOn female first offenders were each conyStffaedV. in default 48 hours Florence* Emma, Emeny, 48 years- of who has a long list of-previous coitions against her, was convicted and fined 2ua in default 48 hours' imprisonment. Accused, was assisted from the box in a fainting condition. ',..'■•' YOUNG, MAN'S THEFT..' Jack Aubrey Cecil Rogers, aged 19 years (Mr B. Twyneham), pleaded. guilty to a charge of halving stolen a, wallet valued .at 10s and> £5- 8s in money, the property of Thomas Shadbolt, Little- River. , Chief-Detective T. Gibson said the accused had been living in the same room.as Shadbolt in a house at Little River. One night ho stole the wallet and. money and disappeared. He was later arrested in Christchurch, and stated he stole because he was "hard up."« When.he was 15 years of age ho had been .convicted on seven charges of theft in Auckland, and had) been placed on probation. Mr Twyneham said there, was little he oould-say in mitigation of the facts as stated by the police. Rogers had been out of work for five weeks before he stole the money. E"ver since he had been convicted; at Auckland he had lived an honest life. The Magistrated convicted and remanded accused to appear. to-day for sentence. He thought he would send Rogers to the Borstal Institute for-two years, but he would like the Probation Officer to.report to him first. MAINTENANCE* Archibald Lyon' Denniston, a • solicitor practising in Auckland (Mr H. H. Hanna) applied for a variation ,of a . maintenance order of 43 a week, made in respect of his wife, Dorothy Evelyn Denniston,* and child, who are in Chriatchurch. < In support of the application; Mr Hanna. said-Denniston's-total earnings for the laat two and a-half' months were fSU He was £3O in arrears in his office rent, and' the publicity that had been given him by the North Island papers had not improved' his position.

Mrs Denniston, in evidence, said aha did not believe the statement made by her husband in Auckland. She had lived . away from him-for nix years, and. only once since then had he offered her a home. Once she had returned -to ESrn, but had found the situation absolutely intolerable." He drank to-excess; he was cruel and brutal to her. Alter ehe .had returned to him he came home in an intoxicated condition • and punched her with his fists until she was black with bruises from her head to 'her feet. Her husband had alleged that during the time ehe had been with her parents in Chrißtchurch ehe had lived a life of luxury but that was untrue. While she had been with her people ehe had earned- her 'own living by taking in sewing. Her parent* were not rich people,. and she had'done what she could to relieve their burden. The Magistrate eaid he was quite satisfied the cause of the domestic unhappiness between the parties was that the man was .a drunkard. He had abused his privileges and was guilty of violence towards his wife. The evidence ha had forwarded. to the Court was

Tj=true, .and he.-wmild therefore dismiss. th» application. ,

Denham Gillespie, now • of Sydney, tras adjudged the;father of a'a ■illegitimate - child and ttm ordered to pay for-its maintenance. Mr M. J.-.Burns appeared for the:complainant. -■........

Stewart Tumbuli -was adjudged the father of an illegitimate child,- arid-'.A maintenance order wa» made against him. John McCarfery, for disobedience of a. rsairji-enance order, was convicted - acd eeritecc'od to two rsonths' "imprisonment, unless he nays £l4.

• Frederick Mitchell, for disober'-ence of e isiinffiosnce order, /was .convicts?. and sentenced to one month's 'imprisonment, Unless He'pays 2s 6d a week off , the arrears. ' (Before Mr -Br. Y. Widdowson, S.M.) " ADVERTISING' CLAIM..

Robert Tonkin-. Toss-will..', John .William Batv and Arthur Charles Andrews proceeded aeaisst LeylaVid- Motors, Ltd.,. claiming the 6'im of £l5O in' respect; of an advertisement in a rersnt publication.

The "r>lainti& in'-'their' statement of claim sa.id 'thai on or - August 20th, 1923. defendants entered into.. » contract at Wellington wi'sh" the" plaintiffs' secretary .'.for .a two *w«-colour pa<re'announcement in "Pro e-ressive New Zealand," British ■■ Empire Exhibition edition. 1934,. it the .£"m of £l5O. Plaintiffs. claimed ' that they had fulfilled their obligations and had made a- demand for payment, but the defendants had neeiecied .or refused .to pay. : The defence vac that there' had been an un-reasonable delay in getting ths publication cut.

Mr R. C. Abemethy appeared for the plaintiffs and Mr H. -J.- Raphael for. the de~ fena'ants. . . ; ' ■ ...

In judrme'nt for the-.full amount cla'unfd with cost=, the Magistrate said ihnt bavin? regard, to all the circumstances of the case there bad not. in. hio .opinion, teen am- unreasonable delay. If defendants were di3«atif>ed, their remedy lay m a crossaction for damages. ''.-.•' '•■■:.'

IN OTHER PLACES. ADVERTISING ON TRAMCARS, (paSSS ASSOCIATION TELEGRAM.) AUCKLAND, November. 13. Troub'e'over the advertising of-medicated wine on Wellington- tramcars resulted in a. claim-for £5Ol damages, for alleged breach of contract 'brought in' the- Supreme Court before Mr Justice -H'erdman. and a jury, by ±l. C. Smart, Ltd., against Chandler and Co., Plaintiff's' counsel' said, that "it .was alleged that the contract was made by a representative of the defendant'company in the capacity of agent, -when ho -had no such authority to act as an agent, and at a time when the defendant company, moreover, knew that its representative, Mr Parr, had no authority to act as agent. The defence was that there was no contract and that orders were given subject to the approval of the nninicioal authorities. Mr Parr expressly told Mr' Smart that the Wellington order was subject to approval. John. Parr gave evidence, that he had had conversations with Smart regarding, the. powers-of municipal bodies throughout New Zealand concernine 1 tramcar advertising. His Honour «aidi that if the jury found Parr told Smart the advertising had to be approved by the municipal authorities the ■whole, of plaintiff's case fell to the. ground. After a 'short retirement, the jury' returned a verdict for the defendant company.'

WANGANUI CRIMINAL SESSIONS

(PSSSS "ASSOCIATION TELEGRAM.) WANGA-NUI, November !SV The Supreme' Court opened this morning, his Honour Mr Justice Macgregor presiding. In his chargp to' the Grand- Jury, the Judge said be regretted the character of the cases on the' 1 present list, also the prevalence of eexuaJ and unnatural'offe'neee.

Horace Vincent Frederick Harris pleaded guilty to a charge of indecently . assaulting girls under ' 16- at Okahune and . was sentenced to two years' reformative treatment.

ASSAULT ON A GIRL. . (FBESS ASSOCUTIOKTELIGJUK.) ' BLENHEIM, November 18. Edmund Foley, aged. 35 years, . pleaded guilty, at the Magistrate's Court to a charge of assaulting a ton-year-old girl in the vicinity- of the' Ferry, bridge, Spring . Creek, yesterday morning.' Accused.: was arrested by Constable Healey -"an hour after he com-.. ;mitted the -offence!. - Accused' was described by Senior-Sergeant' ■ Clarksdh ,as a deserter from the steamer Athenic. He left the vessel at Lyttelton on December 24th last'year. Since. then, according to - his own' story, he had been, working on the "West' Coast- and at'Hanmer, but recently joined a theatrical company, with which he journeyed between Christchurch and - Blenheim.; The- company reached" Blenheim on' November 13th, and accused was then- discharged on account of his drinking "habits. Yesterday, morning apparently "he set off'to walk to Picton. -He oncouhtered at Spring' Creek a 'schoolgirl ten years, of age, near-the- ferry bridge. -He asked her the time,' and then, suggested she should sit. on the side-of the road with him. Tho,-girl declined,' and accused then, caught hold of her round the waist. She screamed. A lady happened, along and accused, released the. child and made. off. in the' direction of Picton. Accused was ■. sentenced-.. to two months' imprisonment.

INVERCARGILL CRIMINAL SESSIONS. , ' : (PBISS ASSOCIATION-.TILEORAM.) . .INVERCARGILL, November 18. - At-the Supreme Court; before Mr Justice Sim, the following prisoners were sentenced this , morning:—Haldane James Orr, attempted indecent- act on two boys, aged eleven and twelve, two years' reformative treatment.- Thomas William Allen, breaking, entering and theft, while on probation, three years', reformative treatment. Accused made a request to be dejwrted to Tasmania, his home, but his Honour explained that he could not, order deportation. ' Stanley, Adamson, attempted' breaking and entering Wright, Stephenson and Co.'e store- to get petrol, was fined £2O. Elven Lawrence- Laxsen "and Edgar Arthur Peterson, inmates of the Borstal Institute, were- charged with escaping from lawful custody. The Judge cancelled the previous sentence/ half served, and'.sentenced each, to a further three 7cara' ; reform*-, tiye treatment;