THE COURTS.

Press, Volume LXI, Issue 18403, 9 June 1925, Page 6

THE COURTS.

MAGISTERIAL. MONDAY. (Before Mr H. Y. Widdowscn, S.il.) DEUXKENNESS. A man, who had been bailed cut of the lock-up on Saturday night on a. charge of drunkenness, -vvas convicted and fined 20s (the amount of the • bail), in default 43 hours' imprisonment. CIVIL BUSINESS. Jud"raent by default was given for the plaintiff in each of the following rases;— \V. Bullivant and Co, v. J. Barlow, £ls 7s 6d; P. Hannan v. Sanest L. Button, £SO 15s 6d: H. F. Stevens v. F. Powell, £i 5s 3d; J. Ballantyne and Co.. Ltd., v. W. E. Stuart. £3 '4s 7d : . M. O'Brien ond Co., Ltd., v, A. Steven*. £B2 18s 2d; Hurst and Drake, Ltd., v. Stanley Falkingham, £ll 7s id: Jack Suckling, Ltd., v. G. Ditford, £5 13a; J. Lamb and Son v. John Tult. £27 13s; Bristol Piano Co., Ltd.. v. J. Ramsev, £l3 6s €d; Michelin Tyre Co., Ltd.. v. "J. H. Hunter, £32- 19s; Mason, Struthors and Co. v. Angas McDiarmid, 9s 4d; J. Lamb and Son v. Mrs W. Pox, £22; David Crozier. Ltd., v. H. • Lander, £3 lis sd; E. C. "Woodford v. E. Eanson, £8; N.Z. Farmers' Co-op., Ltd., v. R. Smith (Akaroa), £l3 3s 9d: Amalgamated Engineering Union v. F. Smith, £1 12s 9d; same t. V. Perper, £1 Ss ed; S. King and Co. v. J. W. Trott, £lB 4s ed; Goodnart Trading Co., Ltd., v. G. Finlay, £3 7b lOd; W. H. Pearce v. H. Drummond (Mothven), £2O; Ashbv, Bergh and Co. v. A. C. Jones (Glentui. Oxford). £2 4s 6d: N.Z. Farmers' Co-op., Ltd., v. C. McDonald, £1 8s lOd. E. L. Greoriwald was ordered to pay the sum o£ £3 16s to Lohrey and Co., Ltd., in default .four days' imprisonment. William Madden was ordered to pav the sum of £1 4.=. to tho Dominion Trust Co., of New Zealand, Ltd., in default seven days' imprisonment. ' W. J. McLaughlin was ordered to pay the sum of £2l 7s lid to- the X.Z. Farmers' Co-op., Ltd., in default 11 days' imprisonment, the wan-ant to be suspended bo Ion? a* defendant paid not less than 10s a fortnight. - A PAINTER'S CLAIM.

A painter named W. R. Go>bo, of South Crescent road, Spreydon (Mr W. F. Tracy), claimed from J. Taylor, a builder, of Kuskin street, Sprcvdon (Mr W. A. White)-, the sum of £3 12s 6d, balance due for wort done and material supplied in painting a, house at the defendant's instructions. Judgment was piv-cn for Gobbe for tho arrount claimed with costs. FARMER SUED.

F. P. Siverstou, farmer, Southbridge (Mr D E. Wanklvn), was sued by the D.1.C., Christchurch "(Mr W. F. Tracy), for the 'uni of £1 15s 9d, balance of a debt of £29 17s ed.. 'Siverston he'-d that the amount for which he was sued- was deductible as discount on the original . sum. Judgment was given for" plaintiff with co3ts.

GREYMOUTH.

(special to "the press,") n ■ - GREYMOUTH, June 8. To-day's: sitting of the Magistrate's Court occupied the whole of the morning. Mr "W. Meldrum, S.M., presided. Frederick Dycming was charged with being a rogue and vagabond and with the theft of goods to the value of £2 4s 6d, the property, of Constance Maud Dunlop. Senior-Sergeant McCarthy said accused had heon a/sourco of trouble, and occasionally took to the bush. At-.prcsent he was living in a hut there, and the articles had been found in it. He would bo better in confinement as he did very little work and wan really a menaco to his neighbours. He could not work, and seemed to have no moral sense. ' • Accusod said he had had an injury to his foot. Since his release „from gaol he, had done two and a half days' work. A sentence! ta of six months' imprisonment was imposed on tho charge,of vagrancy, and convictions were ' entered on the other charges. ' An order was made that the stolen, articles bo returned to the owner. "William Gamblo was convicted and fined £1 and costs on a chaTgo of committing a breach of his prohibition order. An application by Mt Smith for an order for tio suppression of his name wa3 refused. "• Arthur Jacobs, of K<iiata, was charged with having on May 2nd killed. PaTadiso ducks during the closed season. ; • Senior-Sergeant- McCartny said' the .charge was laid under the Animals' Protection Act, 1921. . Defendant had shot ■ the. ducks neat the Omoto racecourse. John Edward. Blair, earolakcr of the racecourse, and ranger for. the Acclimatisation Society, said that Jacobs Jived near him. He saw him across -the lagoon shooting ducks, -and saw two fall after defendant had' fired three shots. Subsequently he learned that three ducks had been shot. Jacobs offered him one but witness refused Baying: they were too tough to eat ind that he was taking a risk in shooting them. Defendant said lie did not know Paradise from grey, duck. Witness! himself knew the difference. Counsel said defendant had a license to shoot black 'swan and grey duck. On. the. day of the alleged offence he had shot .three grey ducks. Defendant said that, Blair had told; him he was under arrest, presumably for trespass on the. racecourse., Ho had had considerable experience, and .was certain the ducks were grey and not Paradise.' ' After,the hearing of further evidence, his Worship said he was satisfied defendant knew .that ho had shot Paradise ducks, and imposed a fine of £4 and costs. •: Percy Major and Arthur. Wallis were each charged with wilfully setting on. fire. at Otira a quantity of straw upon land not their own property or in their own occupation. Mr Hanrtan appeared for the former and pleaded not guilty. "Wallis pleaded guilty. Senior-Sergeant McCarthy said it was a foolish joke by two youths who set firo to a quantity of straw which had' been used for packing a railwayman's furniture. Great alarm had been caused and the fire brigade had turned out. The defendants were fortunate that they wore not being charged with. a, much more serious offence. Evidenoe was given by Constable Calwell that those- in the vicinity would "have been endangered ■ but for the .fact that, there- was a dance in the hall, and. plenty of men handy to suppress the flames. The Bench said it was a practical. joke, and ho would not take a serious view oi th© matter. A fine of £1 and costs was imposed on "Wallis, and the chargo against Major was withdrawn. Frank Alexander Green, of Taylorville, pleaded not guilty to a charge that, on May 7th, being a person having control of a child, to wit, Vera Glen, he did wilfully ill-treat and cause her unnecessary suffering.' Charges in respect of Ruby and Stella Glen were also preferred. Senior-Sergeant McCarthy said the case, was very rare for tho West Coast. The information was laid under Section 28 of the Infants' Protection Act, 1903. It was difficult to .'believe that Glen, who was tie father of tho children, could have committed the act with which- ho was charged unless he was so' far gone in drink as to b e incapable of realising what he was doing. The school teacher had found, burns on the children's legs, and enquiry elicited tho extraordinary information that they had been caused by the father applying a led-hbt poker. Ho had been guilty of a most outrageous act*, and as an excuse had said that ho ditt not know tho poker was so hot and the children had 'not complained that thoy had. been burned. Alice Bourie, teacher at Taylorville schooj, said that, on or about May 11th, Stelu Glen showed her a soro on hen leg below the thigh. It was at least two inches long. Tho child said her faiher had burned her two days bciore. bh'e d-d not'seem'alarmed about it, and *a;d he had done it aa a joke. When Miss MoCuilum, boaruing-aut officer, visited the schcoi, they examined the other two children, and found, they .had leas severe burns than Stella, and gavo the fame explanation. The Glcna Lad been much cleaner cf late, but had never given reason for complaint in this regard. Thb childron appeared to treat their father's action lightly, and did nok appear to be afraid of him. Letitia McCullum said that sho had received complaints and had examined tho children. The youngest had raid their father had been fooling with them. 'An examination, cf the house showed thai it was in a filthy condition. There was no accommodation for defendant's twelve children. One of the elder girls, who was about 18 years old, was kctpmg house for Glen, who Was a widower. At first Glen refused to allow her in the home, but submitted when Constable Rodgera insisted. Ho admitted having burned the children, but said ho did not know he had done it until several days later. The house contained five rooms. "Witness considered that the children thould be removed from their presejit environment, Conatablo Rodgers said Glen took mors drink than was good for him. On a previous occasion he had asked defendant to havo the children taken away to a heme, The latter agreed to the suggestion. -Pre* liminary arrangements had been made for the admission of six of the children to the Salvation Army Home, but they fell through. Rumours had been in circulation to the effect that Glen was cruel to tho fContinued at foot of next column.)

children, who, however, f corned ouite nappy and did not nppear to realise the Blato of affaifs. Defendant admitted applying tho poker, but said it was not red-hot and Uio children had not cried. Ho had- only been playing. Ho was negotiatinc with " tho Salvation 'Army to take five of' hi* daughters. He waß earning 14s per daj as a general labourer, but his tverk was casual, and he was Buffering front ill-health. His Worship said that consistent cruelty had' not been shown, but had there* been evidence of other _ instances, severe punish-< ment would have "been inflicted; Glen was convicted and discharged, and an order was made for the committal of five of the children to the. Christohurch Receiving, Home, to bo brought up in the .Presbyterian faith, Glen t.o pay 25s per week towards their support. A; prohibition order was issued i against'him- ' ■' : i COURT OF APPEAL. SALE OF SOUTHLAND FARM. The Appeal Court' has given judgment in the case Wilkinson v. Bissctt. Tho appeal v,-aa allowed, with costs on the highest scale,, and tho contract was rescinded. Tho appellants ,wcrc Thomas Vernon' Wilkinson and Frederick Johnston Alexander, of Timaru, retired farmers, and the respondent was Robert Hligli Bissett, of Avondale,' farmer. By an agreement dated May 7 th, 1919, tha respondent agreed to sell to appellants a sheep tarm known as "Avouaale," situated near Wightcaps, in Southland, for £13,260 10s, of which £2003 was paid in cash and tho balance was to bo paid on May Ist, 1924. The appellant, Wilkinson, took possession of the larm and worked it in partnership until July, 1923, when Alexander retired from the partnership, Wilkinson working on his own account from that date. The commencement of proceedings was a writ to recover the halt-yearly instalment of interest, amounting to £316 19s 3d, due on May Ist, 1924. On July Ist, 1924, appellants gave notico to respondent that t-liey rescinded the contract for the purchase of the farm on the ground of misrepresentation, and to claim for, interest, 'ibey hied a coufiter-■ claim, in which they alleged that they were induced to enter into the contract by falso and iraudu.ent representation on the part of respondent, and claimed to have the contract rescinded or in the alternative to recover £SOOO damages. The representation alleged to have been made was that the farm tad ft carrying capacity of 2000 sheep, wherecs, according to appellants, in April, 1919, the capacity did not exceed 1500. It was stated for this reason the land, was not worth more than i'SOOO. Mr Justice Siin held that what was said by respondent to bring about the contract was simply an expression of opinion, and that it was still his honest opinion that the carrying capacity of the land was 2000 sheep, and, owing to the erratic methods adopted by the appellant, Wilkinson, it wa-s impossible to ascertain what was the precise carrying capacity of the 'land. Mr Justice Sim also held that tbe appellants had not proved that the firm had been properly managed, was not capable of carrying 2GOO sheep, and respondent was entitled to judgment oh the counter-claim as well as for interest due. Judgment was accordingly entered for £316 19s 3d, and for £320 10s, the amount ot costs. The appellants contended that the whole judgment was erroneous in' point of fact and law. .

Overdue accounts are oollecetd by The Dominion Morcantilo Agency, Ltd., Christchurch, Wellington, Auckland.- The. largest British Trade Protection Company i n j EY . Zealand. Boyal Exchange Buildings. ■ $