THE COURTS.

Press, Volume LX, Issue 18237, 22 November 1924, Page 5

THE COURTS.

SUPREME COURT. IT

(Before his Honour Mr Justice Adams.) PRISONERS SENTENCED. Loita Jacobs appeared for sentence on two charees of breaking and entering and theft at New Brighton. His Honour said the accused had & record which rendered it undesirable that she should ha left to her own resources. She would be sentenced to two years' imprisonment on each charge, the sentences to be concurrent. George Cann appeared for sentence on a charge of breaking and entering and theft. Mr T. Milliken, for the prisoner, said that Cann was not the principal in the case, but a man named Smith. He asked for the leniency of the Court. His Honour slid in the last year Cann !*d been convicted of false nretence3, theft, i;nd failure to maintain. The record was Mcli that he could not grant leniency. Ha v.ould impose a sentence of two years' imprisonment.

Timothy O'Connell and James Patrick Madden, who had been found jruiltv of breaking and entering and theft by nignf, were admitted to probation. Mr A. J. Mal'ey appeared for O'Conme'l and said he had be»n the Fupport of his widowed mother. He had been employed at the Crown Brewery, where his employers gave him a good character.

Mr W. F. Tracy represented Madden and said the act of the prisoners was a piece of larrikinism rather than criminal.

His Honour -granted probation to thf two prisoners for two years, on the condition that each one took out a- prohibition order himself and paid half the cost of the prosecution within three months. Alister McMillan and Jack Percy Lloyd appeared for sentence on a charre of breaking and entering a railway goods shed and stealing six cases of whisky. Mr R. Twvneham appeared for Lloyd and eaid he was 18 yeare of age. Two or three men were concerned in the theft of whiskr, and Lloyd was the youngest of the lot. He submitted that L'ovd was not of the criminal arid considered that it would be better ,for Lloyd if he were detained on probation. # Ht3 Honour said that on .the nirrht of the 'thsft the two accused had evidently indulged in a Bacchanalian orgy, and ho thought it would be undesirable to qrrant- probation. They would be detained in the Borstal Instifutiori for three years. Samue' Henry Clegg. who had pleaded fruillv to theft from a hotel, was ordered to be detained for reformative treatment for a peri id not exceeding three years. Mr Tracy, prisoner's counsel, said Clegg had come to Cliristchurch for Carnival Week and was in a muddled condition when he committed the theft. Clegg had been previously under the Probation Officer and had behaved well.

Mr A. T. Donnelly. Crown Prosecutor, said Clegg seemed to bshave well when he was kept under control. His Honour ordered that Clegef should be detained for reformative treatment for <a period not exceeding three years. INDECENT ASSAULT. Peter Keevil Johnston, who had been found guilty on each of three changes of indecent assault on boys, appeared for sentence. . .. Prisoner's counsel, Mr \V. J. Hunter, sniu Johnston had a good war record, serving three years with - the New Zealand Expeditionary Forcj. He was wounded and also suffered shell-shock. Prisoner w<i3 still fering from the effects of his injuries. On Jhe evening that the offences were committed prisoner had been drinking. His Honour said the prisoner',s record was not at all satisfactory. There was evidence that he had adopted a criminal career. Uffer.cea of this character were very grave, and must be checked. Prisoner would be sentenced to three years' imprisonment on each charge, the sentences to bo concurrent. Frederick 'Williams, who had pleaded guilty to a charge -of indecent assault on a male, was sentenced to three years' imprisonment his Honour remarking that the case was of a serious character. . Alfred Saggers, who had been found guilty of assaulting % girl of 13 years, appeared for C. Cotterill said prisoner's life b»d been a sad one. . He had had a good deal of dome3tio trouble and was suffering Iroip a weak heart. , Mr Donnelly said nothing else was known against the accused. . - . His Honour, in sentencing the prisoner to five years' imprisonment, said the was not of the gravest character, but it must be marked by a fairly severe penalty.

(1 CIVIL SITTINGS. appeal dismissed. ■ His Honour dismissed an appeal against a iud»ment by Mr E. D. Mosley, S.M., m a James B. Christian, DeputyOfficial Assignee at v. .Robert Wallace Wightman, claim £9l 10s. The Magistrate gave judgment against "Wightman, appellant in the case on appeal, one of the defendants in the. lower Court. The*case arose out of «, contract by A. .M. Bremner to erect a bulk store at Ashburton. The Deputy-Official Assignee acted on behalf of Bremner's estate. His Honour said that the Magistrate accepted the evidence of witnesses called by the Deputy-Official Assignee, and rejected flo much of the evidence for Wightman as was inconsistent with material parts of that evidence. On (that view of the evidence the Magistrate found that Wightman end Loftua Hardie both instructed Bremner to ereot the bulk store, and that Wightman agreed to pay Bremner for it. His Honour -could not say that that conclusion was not justified on the Magistrate's view of the evidence."

Costs were allowed, £9 9s <o the DeputyOfficial Assignee, and £3 3s to Hardie. Mr W. J. Sim appeared for Wightman, Mr F. S. Wilding and Mr J. K. North for the Deputy-Official Assignee, and Mr F. D. Sargent for Hardie.

FAMILY DISPUTE. The case in which George 'Gordon Holmes, jun., Pigeon Bay, sued his father,. George Gordon Holmes, sen., Halswell, for tho transfer of a farm at Holmes's Bay, in Pigeon Bay, Banks peninsula, -was continued yesterday. Mr W. J. Hunter, -with him Mr J. H. Upham, appeared for tho son, and Mr O. T. J. A.perSi with him Mr H. H. Hanna, for the father. Both counsel addressed the Court on legal points, and his Honour reserved his decision. Tho Court then rose until 10.15 a.m. on Monday. MAGISTERIAL.

FRIDAY. (Before Mr Wyvern Wilson, S.M.) DRUNKENNESS. . David - McDonald, who pleaded guilty to a charge of drunkenness for the second time •within eix months, was convicted and fined 403, in default 43. hours' imprisonment. A first offender was convictc-d and ' fined 10s, in default 21 hours' imprisonment. » ALLEGED THEFT. Cyril John Fusa, a young man, appeared charged with having stolen, on November 7th, two boxes of. cigarettes valued at £3 Is, the property of W. D. and H'. O: Wills (fcew Zealand), Ltd. Chief-Detective T. Gibson said a week's remand would be' necessary in order that further enquiries might be made. Probably i'iJOO worth of goods was involved in the case. ■ Thefts had been going on for two years. The accused waa accordingly remanded for one week. Bail was allowed self in - £4OO and two sureties £S3DO each. DISGUSTING OFFENCE. ■ John Murphy was convicted and fined 40s and costs tor having cast offensive matter in a public place. TAXI-DRIVER FINED. Frederick, W. J. Garlick, a taxi-driver on the Clock Tower stand (Mr G. A. G. Connai) pleaded not guilty to a charge of having driven in a leckless manner, but guilty to a further charge of having failed to etop his car when balled by a policeman. The evidence disclosed that Garlick liad been engaged by a man at about 10.20 one vt-ry wet. night recently, to driye hi™ to tho railway station time to catch the last train to Lyttelton. Just as the car (which waa travelling between 15 and 20 miles an hour) was passing the Kaiapoi buildings in Manchester street, a man milked off the footpath on to the road, and was knocked down. The passenger in the car told the driver to stop, but Garlick told him that he would pick him up after ho had been to the station. In the meantime, the injured man had been removed in an unconscious condition to a fruit shop by a constable and two passers-by. As the driver of tho car returned towards the Square from tho station, the constable hailed him, but he did not .heed the call. The defence waa to tho effect that the defendant did not know that he had knocked the man down; he thought he had hit the portmanteau ho was carrying at the time, or an umbrella. The defendant reckoned tho speed of the car was about 15 miles an hour.

The Magistrate ssid Garlick tad acted in the most lieaitlags manner. It was quite eacj ta jmagino jaao IjinS

unconscious oil th© TOftd iii tTi© rain, "with no one about to assist him. . Defendant was convicted and fined 403 costs on the first charge, and £5 end coats on the second. BY-LAW BREACHES.

W. Austin was convicted and fined 00s and costa for having cyrlod at night without lights, and C. McGuire 108 and cosia. Oatlaj Bticknell. L. K. Clarke. S. Keenan, A. T. Lund. L. Marshlan. N. Neylon, A. Pomr, S. Keenan, and J. H. "Williamson were each convicted and fined 5s and lor having cvclcd on a footpath. J. Read and H. wcr3 each or3ered to pay co- 4 * onlv.

Helen Barrett (Mr P. P. J. Amodeo) was convicted and fined 40s and costs for speeding in a motor-car. J. Burns was convicted and fined 3js ard costs for having ridden a. •without a l-'ght. , G. Bettri("Uo was convicted wd fined -03 and costs for having driven a motor-oaf ■without a certificate of niilitv, and .or .' av ~ in? driven without a light, he was convicte ard fi r ed and coets. , P. R. Climie wis ordered to pay costs lor Hiving driven a motor-car without a a. " C'.' G. Higgs, f or having no jail light on hia car, was convicted and fined and .costs. , ■, G. W. Jennings was convicted and_ nnea ]Os and costs for having driven a mo without a light. , _ oT ,j lan Kerr was convicted fined as an oc?ts for having allowed a horso B. J. Lamb wa« ordered to pay W on a charge of having driven a car with ° l ß.' was convicted and fined 5= and costs for pillion ridinsr. Jrivin" C. Kelson and R. V.' Neville, * O J/nvin a vehicle without lights, were each con victed and fined 10s and costs. or( 3ered A. C. Yallar.ce was convicted and ordered to pay costs only for having allowed a chimney to catch fire. . , j Thomas Northcot* fined Ss and cost 3 for having left ' "i«°i i " *■" costs for having no light 3 oni a • d-20s \Y. Wilkins was convicted and hn and cost.3 for havmtr cycled without Frank Lee. Marshland road, was ing ed and fined 20s and costs f« lUlowi g nipVit-soi! to be deposited and John Cole. B*xley road was c °™2. fined 20s and costs poit on to tV»e land occ . also OTdBo?al, Marshland road. He Roffa l ered to pay oosta cn anotlier ? or was convicted and i, taken on his having allowed nightsoil to b3 taken o h J d 'oaWev. LichSeld street, was convicted and fined 40s and costs for negligent l " S ' "COUNCIL MADE A MESS." : Joseph McClelland, Bctreat road, Avonside (Mr F. W. Johnston), waa charged with keeping pigs in the prohibited area L Mv°Loughnan, wHo -appeared for the City Council, said the defendant had been E=^ v a license when the Council had no rigtit to give him one. No penalty was sought in the case. Leslie Hardie, chief city inspector, 6aid the license had'' been issued <io 'McC.elland annually for years. The said the Council had certainly made rather a mess of things. McClelland had been guilty of a breach of the by-law, but it was a trivial one, and would be dismissed.

IN OTHER PLACES. FALSE DECLARATION OF AGE. (fress association telegbam.) GISBORNE, November 21. A bride of two months was charged in the Police Court to-day with & false declaration of age for the purpose of obtaining a marriage certificate. Her proper age was at the time, 19 years 9 months. She pleaded guilty,' and was committed for sentence. FALSE INCOME-TAX RETURNS. (press association tiligeam.) WELLINGTON, November 21. In the Magistrate's Court to-day, /John Henry Phillips, a butcher, for making fulse ir.oome returns for 19121, 1922, 1923, 1924, showing a deficiency of £4367, wa3 fined £SO on each charge. '>