THE COURTS.

Press, Volume LXI, Issue 18481, 8 September 1925, Page 7

THE COURTS.

I SUPREME COURT. MONDAY. (Before his Honour Mr Justice Keed.) DEFENDED DIVORCE. Sydney Charles Hedley McConneU, gardener, cf Chrjstchurrh, petitioned ior divorce from Rceetta Oh;e McConnell, on tbe ground of misconduct. John T. Chambers, fishmonger, of Chrutchurcb, wss cited as co-respondent. The Thirties were marrkd at Torquay, England, on January nisi. 191 S. and lived together in England and Hanmer. Hornby, and .Christcburch. There were three children by the marriage. The husband al eg&d that the misconduct took place in Christchurch en December ."Ist, 1924, and later. The husbond's allegations were denied by the resi or-detJt and by the co-respondent. Mr F. D. Sargent appeared for the petitioner, Mr A. C. Cottreil ior the tespondent, and Mr C. V. Quiglpy f:r the c respondent. Mr Sargent said that the husband sented to hit? wife goin;r on a visit to England. Chambers was a :-teward on tbe vessel on which she returned ;■-> New Zeals nd. He left his vessel, .jind became a lodger in McConnell's hcuse, T-ut outlived bis welcome on account c-f his at'entio-is to Mr--? McDonnell. She left. Later, McConnell found that she was in a fish-shop at the corner of Colombo street and Dean 6treet, of which Chambers was proprietor. The aecomnr.d&tk.n theie showed that misconduct must have teen committed. Evidence was i»y the petitioner, Tcoondem, and co-respondent.

The hearing was not completed when the Court adjourned.

MAGISTERIAL.

MONDAY. (Before Mr H. Y. AYiddowson, S.M.) DRUNKENNESS. A labourer, who was charged for the first time with drunkenne.-s, and who had- been bailed out of the lock-up in the sum of •20s, was convicted and fined that amount. Appearing also for the first time, a woman wae similarly dealt with. For the second time Hugh McCall w-as charged with a like offence. He was convicted and fined 40s, in default seven days' imprisonment. MAN ASSAULTS SISTER. Charged with having been found drunk while in charge -of a horse and' cart in Somerfield street, and with assaulting Elizabeth Hanson, his married sister, aged 73 years, by striking her on the face with his fist, Beaton Davey, an old aged pensioner, aged 71 years (Mr J. B. Batchelor), pleaded not guilty. Police statements were to the effect that Davev drove to his sister's place in Somerfleld "street at about 8.30 o'clock on Saturday night. He was then, it was alleged, in a drunken condition. He entered the house and, grabbing his sister by the arm, he threw her to the floor, saying: "I'll do for you this time." It was said that he struck the woman several blows on the face, blacking one of her eyea, and cutting her face. Ho then went away to his horse and cart and drove around to the front of the house, and was arrested when he was about to drive away. During her evidence, which corroborated the police statements, Mrs Hanson said her brother had struck her before.

In defence, accused' said that lie liad had some liquor on Saturday, and ihat he might have been a bit "tipsy." He denied having struck his sister, and said that she had cut his hand. "Her temper is something cruel," he ended. His Worship said it was difficult to know what to do with a man like accused, especially as he was an old aged pensioner. He could not very well impose a fine, and the man was ralher old to be imprisoned. However, there was no doubt in his mind that Davey had done what was alleged. On the charge of having assaulted his sister he would be convicted and ordered to come up for sentence if called upon within twelve months, while on the otljer count he waa convicted and discharged. CIVIL BUSINESS. Judgment by default was given for the plaintiff in each of-the following cases: —J. R. Kent and Co. v. R. Sinclair (Nelson), costs only: Dr. F. L. Scott v. T. Hampton (Temp'leton), £3l 6s; the Reef ton Gold Mines, Ltd., v.. F. A. Hooker (New Plymouth), £2O; James Jelly y. C. J. Allen (Spreydon), £4; Francis Clark v. Mrs L. Kelly (City), £l3; W. D. and H. O. Wflla, Ltd., v. George Owers (Mayfield), costs only; S. J. Vctla v. William Allan (City), £2 sa; C. Hill v. G. A. Powell; (Sydenham), £3; William Berryman v. Leslie Tippler (Timaru), costs only; D.1.C., Ltd., v. F,. C. Porter (Riccarton), costs only; Distributing Agency, Ltd., v. .E. Grcenwald (Christchurch), £5 8s 6d; Seymour and Co. v. J. Thomae (Hawarden), £3 17s 3d; H. Roscoe v. J W. Wiltshire (Richmond), £1 23 sd; St. Saviour's Guild Society v. J. Gerdyno 'Hokitika), £ls 10s; Jas. J. Jivcn and Co., Ltd., v. W. Ives (Temuka), £6 8s 8d; Fox, Chivers, Ltd., v.- A. Dohleguy (Opawa), £5 ]3s 9d; Christchurch Brjck Co., "Ltd., v. William Henery, £23 17s 2d; Mason, Struthers and Co., Ltd.,'v. John A.. Bnrnip, 5s 6d; same v. R. A. Johnson, 17s Baj; same v. Wm. O'Brien, £6 2s Id. His Worship ordered J. Lye (New Brighton) to pay Ashby, Bergh and Co., Ltd., the sum of £l, in default seven days' imprisonment.

George Fox Webster, Christchurch, was ordered to pay Richard Ingram Low, Cliristchurch, the sum. of > £l7 83, in default 21 days' imprisonment. BKEACH OF AWARD. Herbert Arthur Hay and Ernest Osborne (trading as Hay and Osborne, Ruskin street, Christchurch, plasterers), admitted a breach of tha Canterbury Plasterers' apprenticeship ordeT. A penalty of £5 and costs was imposed. * FITTER SUED. The Amalgamated Society of Railway Servants of New Zealand, claimed from J. H. Wylie of Addington Workshops, fitter, the sum of £1 2s, being the amount duo for forty-four weeks' subscription from September sth, 1924 to July 10th, 1325. -Judgment was given for the plaintiff for the amount claimed and costs DENTISTRY CLAIM. Edward Hope, dental surgeon, Christchurch (Mr R, H. Livingstone) o'aimed from Moyna, Hobcn, school-mistress, Redcliffs iMr G. G. Lickwood) for the sum of £2 as balance of an account for teeth extraction and the manufacture of a set of false, teeth. , , , , r . A counter-claim was lodged by Miss Hoben. who alleged that Hope so negligently and unskilfully made the set of teeth that they were worthless and u6eless to her, and that in consequence she had another set made at a cost of £6 6s, which euu she claimed from him. Both claim and counter-claim were disallowed, no costs -were allcwed on either side. RENT AND- POSSESSION. Tbtomas Kelly, of ■ Christchurch, (retired farmer (Mr T. D. Harman) claimed from William Heaton of 30 Balfour street, labourer (Mr J D. Godfrey) the sum of £3 12s 6d fca- rent of a house situated at 30 Balfour street let by the plaintiff to the defendant at 12s 6d a "week, of which five weeks' rent was due and unpaid. The plaintiff also claimed recovery from defendant possession of the house and premises on the ground that the tenancy of the defendant had been terminated. . . Judgment was gsren fcr the plaintiff for tho amount claimed (paid into Court), and ar order was made for possession to be ■»iven to the or before October 10th. THEATRICAL AGREEMENT. Victor Beck, of Christchurch, advertising acent (Mr W. J. Sim) proceeded against Walter George, care Fullers' Theatre, theatrical artist (Mr R. Twyneham), claiming that in June, 1933, he was engaged as tourino- manager for a company known as tho Sunshine Players, under the management of the defendant. The term of the agreement was for ten weeks at £ls per week, and all out-of-pocket expenses. As the commencement of the tour was delayed to ihe end of July, the term was extended bV approximately five ■weeks by mutual - eement. It was claimed that on August llth 1923 defendant did wrongfully fail to rarrv out such contract and up to the Lid date was indebted to the plaintiff in the sum of £37 Is 6d aa balance of salary. Plaintiff also claimed £SCV general damages. Ifter evidence had been given by the plaintiff Beck, the case was adjourned until Thursday. KAIAPOI. (Before Mr Wyvern .Wilson, S.M.) Henry Robert Te Uk>, on a charge of .■ of a maintenance order, being disobedience Angost IQth> ig2s was a~nd sentenced to one month's imprisonment sentence to be suspended on payment of £<• summons case , J. Suckling r.5 N T G I&iord. claim £7 19. 6d, debtor. htd ' J'j *nt aDDear. was ordered to pay the Wh ° t\ ot clainTwithin 21 days, in default