THE COURTS.

Press, Volume LXI, Issue 18370, 1 May 1925, Page 14

THE COURTS.

SUPREME COURT. IN' CHAMBERS. Probates of the wills of the following deceased persons in ; the Christchurch district have been granted to the. Public Trustee.' by the Supreme Court at Wellington:—Maria Marion Beach, Ashburton, married woman; Lucy Jane Fountaine, of Christchurch, widow; Mary Harvey, late c! Christchurch, widow.MAGISTERIAL. THURSDAY. (Before Mr H. Y: Widdowaon, S.M.) DRUXKEXXESS. For drunkenness a irea'.o statutory. Sr=t offender was convicted, and fined 10s, in default 21 hours in gaol. KEMAXDED. On four charges of having stolen leather znd br»e>t li3ts from the firm of Miwrs Skeltar), Frostick, on divers dates. Georse L°itt, a. middle-aired roan who admitted the offences, was remanded to pppear on Thuis-d.-iy next. The estimated value of . the ffvids is' £ll "15s 10.', d. Bail was allowed. Chief-TMoctive T. Gib=wn stated that the fcou-cd was employed by Skolton Frostirk, Ltd., and in the luncheon hours he ptole the goods and took them to his home, where he manufactured boots in his rpare time, ne was a married man wilh s ; x children, f<nd he had not long been in Christchurch from Wellington. The Magistrate said he would like the Probation Officer to obtain I s rep.-Mt tipnn the accused while he was on -»mn>id. and ;'t was on fh"t account that he postponed sentence till Thursday. WOMAN* SFNTEXCED. ' A woman ramed Margaret McDcrmoU. a gel (3 years, was convicted and sentenced to Print Hnlsvell for 12 months on a charge of soliciting, .to which she plcaided guilty. McDenr.ott. who has a lengthy list .of previous rii-victinis, consented to being sent to Point Halswell. CIVIL BUSINESS. Judgment by default was given for tho plaintiff in each of the following enses:--Jack McDermbtt v. Andrew Aitcheson, £l4 (is; M. L. Connor v. W. Clements, 'SI 3s, Xurse Frances •E. Haste v. Havelock Green, £IS 17a 6d; Mrs Army Goodman t. llichard Ash by, £J ss; New Brighton Borough Council v. Louis K. Lei?hton, £4 10a 8d: H. Marshall v. E. M. Onklev, £6: Hamnton Bros. v. J. K»!lv. £4 16s: B. A. Javdcn v. J. W. Wood, £l9 123; Hampton Bros. v. H. Wxkcfield, £G 12s sd: St. Leonard's P.iwmillinn- Co. v. Thomas Long, £'! 4s sd: Thomas Edwards v. Loyal Cafe, Ltd.. £!G 18s Pd. Josp.nhine Wilson, alias HamiHon, 'was ordered to pay A. K. Downing the sum of £lO 0s 3d. in default ten days in the Addingt'-n Prison. Wilson, alias Hamilton, was ordered to r>oy flavid Bell the Bi:m of £?• 13«. in default four day? in tho Addinglon Prison. Dav ; d Curdler wis orchred to n<iy Michael Mui-phv the sum of £2 4*. in default three days in tho Pacsniia Prison. TENANCY. Alleging that the defendant had failed or neglected to give up possession of a dwelling horse situate at 179 Antigua street, Christchurch, even though, he had been served with a, notice, which terminated the tenancy, John Bridgman, retired, Christchurch, claimed from David Petule, labourer, who occupies Bridgman's house in Antigua street, possession of the house, judgment for £1 4s being rent due up to March 24th, 1925, and judgment for rent at 12s a week from March 24th, 1925, to the date of judgment. His Worship refused to make an order for possession, but gave judgment far tho plaintiff for rent (paid into Court). Plaintiff was ordered to pay costs. An order for possession of a dwelling on or before May 14th was granted the Public Trustee against John Mnllaley. Mullaley. was also ordered to pay the costs, £2 ss. FARMEfR'S CLAIM.

John, Fairbairn, a farmer, Hornby, claimed from D. A. McKay, Peer street, Riccarton, tho sum of £lB 2s €d for the alleged breach of an agreement which was. said to have been entered into on December 19th, 1924, and, by which the defendant agreed to rent promises, situated at Peer street, Riccarton, for a term of nine months. It was stated that on January. 29th, 1925, the defendant gave notice of his intentkn to leave on March. 2nd, that he did I leave on that date.

His Worship gave'judgment for the plaintiff for the sum of £lB 2a fid and costs. CLAIM FOR GOODS SUPPLIED.

Thomas Perry and Son, Ltd. (Mr J. H. Upham), proceeded against Miss Margaret Fiddia (trading ss the Dainty Blouse Shop), Colombo street (Mr J. B. Batchelor), for the sum of £22 ISs 6d, alleged to be for goods supplied. Counsel for Miss Fiddia based his defence on the submission that the goods were not sold to tho woman, but handed to her on consignment on sale or return. The eujii of . £5 2s 3d, had been paid into Court with a denial of liability, for the balance of the claim. After- hearing the evidence, the Magistrate gave judgment for tho full amount with coats for the plaintiff. CULVERDEN. (Before Mr W. Meldrum, S.M.) "William Audrey Nicho;ls pleaded guilty to failing, to register a nreaim, and was fined 6a and costs 7s. - -, Charged with driving 'a vehicle. at night without lights, Michael Brophy was fined 5s and co3ta 7s. Michael Brophy, William Atkinson, William O.' Rutheriord, Thomas F.ower, end William Turpii, were charged with being unlawfully on the premises cf the Culverden Hotel after hours on February 23rd. Mr F. 1). Sargent appeared for all the defendants, who pleaded not gui.ty. Constable J. F. Lamb gave evidence that he found the defendants in a private room in the bungalow attached to the hotel at 9.60 p.m. They had been supplied with drink 3,. to which it was stated they had been treated by James McCleary, father-in-law of tho licensee, and a stock agent, who was a boarder in tho hotel. The defenco was that all the defendants, except Turpin, were the guests of those who treated them. The Magistrate decided that a breach of the Act had been committed. Defendants were fined £5 each with costs. There was a. second charge, against Michael Brophy of having been found in the hotel after hours on March 19th. Defendant stated that he had his trap in the backyard of tho hotel, and in going to it he went through tho house. Her'had no drink. The Magistrate accepted the explanation and dismissed tho information. Kaloh Horatio Lovcday, aged 19, was charged with having, on April 13th, at Hannier Plains, indecently assaulted a woman. Mr W., J. Hunter appeared for accused. After hearing the evidence accused ploadcd not guilty, and reserved his defence. He was committed for trial. S McKnight (Mr Bell), who claimed from G. Hartncll (Mr D. E. Wanklyn) £2O C* 4a wages and harvest bonus, was non-suited. Judgment for plaintiffs by default was given in tho following cases:—H.W. Krgers v„ T. Mcllroy, 1A Us 2d;' T. J. Hughes,. Ltd v. H. Sutherland', "£5 Us sd; H. 1. Sutton (Mr Wanklyn) v. J Atkinson, £S 7 S 8d; Paton and El-ines (Mr \\ank.lyn) v. E P R. Burbery, £47 83 10d; T. O. Johnson v. T. F. Hooper, £9 Is 3a. ;•„,„■ In a judgment summons clajm of £2l is made by Walter Ritchie and Co. (Mr WankivnV against R. 3. Thomson, an order was made for payment of the amount with Solicitor's fee. £2 2s..forthwith, m default 21 days' imprisonment. TEMUKA'. At the Magistrate's Court at Temuka on Tuesdav, before Mr E. D. Mosley S.M., Mabel "Whitty was charged with unlawfully selling liquor during prohibited hours and was convicted and ordered to pay costs. Robert Lamb and Eric Doherty were charged with having been found on .licensed premises when such. . premises shoutd have been closed, and each defendant was convicted and fined 20b and costs. Arising from the above cases, Jas. MacDonald, jun., appeared on two charges of selling liquor to the • previous ' two defendants, tie pleaded guilty. The Magistrate said the conduct of this hotel would have to improve. Defendant was convicted- and fine'd £5" and costs on the first charge, and was convicted and ordered to pay costs on the other. "•■ G. Langford was charged with leaving a car in Wood street at night without a light. He pleaded guilty and the case was dismissed on the payment of costs. . For riding bicycles at night without a light, F. Barker, F. Green. A. Parish, J. O'Neill and V, O'Neill were convicted' and fined lCs and costs. C. C. Stanley'" was charged with leaving* motor-cyclo at night without a light. Defendant pleaded not guilty and the case was dismissed on tho payment of costs. S. B. Wightman was convicted and-fined-10s for driving a horse and gig at night without a light. " ... Wm. Philip was charged with exposing lice infected sheep and was fined :ios and .costs. - Messrs G. B. Shaw-and E. OlNeill wen

both similarly charged and were each convicted and.fined 20s and.casts.

An application was made for an affiliation, order against John Mcßride, farm labourer, Winchester. Mr Campbell appeared for the complainant,'and Mr Elsmlic and with him, Mr.C. Thomas, Christchurcb, appeared for the defendant. The case occupied the attention of the Court for 6everal hours and judgment, which will bo given in Tiruaru, was reserved. IN OTHER, PLACES. 1 A SENTENCE REDUCED. (rHES.I ' ASSOCIATION* TEr,EGHAV.) -WELLINGTON, Apri' 30.' The Appeal Court has given its decision in the case Rex v. Sboitlsnd. It held that the sentence by his Honour Mr Justice Herdman of 13 years and a flogging for rape is excessive. The sentence was reduce-! to fi.ve years and the- florin!' remitted. The Chief Justice, Sir ' B-obert Stout, dissented regarding the reduction of the sentence. "PREYING UPON THE 1 COMMUNITY." (rEESS ASSOCIATION' •; ELEGEAJI.) AUCKLAND,' April 30. At the Police Court, "William Eennie, aged twenty-six, and Eric Malcolm Bie], aged thirty, for converting to their own use a car valued at JEHO, the property of V. .Pollard, and fr-v theft of n magneto valued at £5, were sentenced to three months' imprisonment for the first offence and three years' reformative detention for the theft of the magneto.. Mr J. W. Povnton, S.M<, said that the .accused had a. bad record,- and neither of them was fit t:> be at largo to prey-upon-the community. - ■-■ THE BLAZINA CASE. . • (rrtEss .association telegram.) WELLINGTON, April 30. The Appeal Court has given its decision in the case Bex v. Blazina. At the trial in the lower Court his Honour Mr Justice Herdman held against-the contention that there was no offence, as there had been no attempt on the part of accused to extort anything for herself. The Court held that the term "gain anything" from any person means "gain anything for ihe offender himself,' but "extort anything" is different •in meaning. A person may be guilty under Section 269 of the Crimes Act, 1903, although his only interest was to extort something fcr another with: out gain for himself. In Ihis case all accused demanded was that the- tea-set should bo returned to the Mangawai Kail Committee, the donor of the prize. Such demand does not come within the section, and is not in the nature of blackmail. There was no evidence on which the jury, if the question hrd been left to it, would have been justified in finding intent to extort anything from Nitz. The verdict ought to.be set aside and the accused discharged. [Thfif ca-so arose out of a guessing competition, .. in which a nian named Eonald Nitz won a tea-set. Mrs Lena Blazina, wife of another competitor, wrote two anonymous letters, in which she threatened to' accuse him of a crime unless he handed back the set. Approached by the police, Mrs Blazina admitted writing the letters, stating that ehe had'been informed cf the facts by her husband and a friend, and that she was unaware that she was doing' wrong in threatening Nitz with a criminal action. Counsel for accused at the trial contended that the facts did.not disclose the commission.of an offence under Section 263 of the Crimes Act, inasmuch as it was hot proved that there was any intention on the part of accused to extort anything for herself.] ..