THE COURTS.

Press, Volume LXIII, Issue 19144, 29 October 1927, Page 9

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice idami ' PRISONER SENTENCED. '' .....Robert Henry Broekie, 3 salesman , c ,r> lhcft? PPeared f ° r " n,eC " ° n a «*« B e*of Accused was not represented by cn,,n«.i uit handed in a letter to the Jud°e £ S." 1 .: he asked for probation. ° ' "»*»»<* Afr A. T. Donnelly (Crown Prosecutor! said the difficulty about the prisoner ZJ that he had several previous convfet ona *o dishonesty. The Probation Officer'. reDor t -as unsatisfactory. _ The circumstance?" tln> theft were particularly m oan. . His Honour: 1 see the prisoner was ma--neu on an acquaintance of twenty-four hours. ..Ir Donnelly said the man had been married recently. He came out of gaol in January, and went to Dunedin, where he ran up a lot of debts before coming to Christchurch. <■"".. L His Honour said he could not consider probation; prisoner's record was a very bad one—he had already been convicted five t.mes twice for theft, twice for obtaining goods by fraud, and once for false pretence He had served a short term of reformative detention ai „i had had two periods of gaol with hard abour. On the present charge he would bo sentenced to twelve months' imprisonment, with hard labour. CIVIL SITTINGS. A CLAIM DISMISSED. Cndcr the Wages Protection and Contractors Lien Act mod, Leonard Bertram Wendelborn and Henry Silvester, trading as Silvester and Co.. wero plaintiffs in an action in which the Waikari Milling Co 4 R Tattcrsall and Co., Ltd. (Loudon), Aubrey' Hall formerly miller, Waikari, and Reliable Azen' .jies Co. were the defendants. Mr M Tr C 'T S V T ;'° maS , ''"''\ 0;lrcfl f °- Plaintiffs, Mr .11. J. Lphum for this Waikari Milling Co.. Messrs A. T. Donnelly and D. S. Murclnson for A. R. Tattersall and Co., and Mr r,i • -L 0 "" for He )'able Agencies Co. llaintiffs sought to recover from the de. fendants the sum of £415 19s 2d for unloadin? and erecting machinery and performing milling work as subcontractors for Aubrev tiaii. Jhc work was done for Hall, it was alleged, between January 24th, 1027 and Juno 7th. Plaintiffs claimed a lien for (he sum 0,1 the land of the defendant millinc company, and a charge on the monevs which were now or would be parable bv the milling company to A. R. Tattersall and Co. or Reliable Agencies Co. in respect of its contract with the said companies, and a charge mi the moneys which were now, or would be. payable to Auhrey Hall in respect of its contract, with him. Plaintiffs sought, an orilor tlpplnnng t !, at ;,, rC spcct of the work specified in the sfntpment of claim that plainlf'"";.|,||llllwl I" * charge for the sum "1 r , 2rl l,r ' on moneys parable to the defendant A. R. Tattersall and" Co. by the defendant Waikari Milling Co.. under and in reject of the contract for the unloading, erection, and installation bv A. R. Tattersall and Co. of milling machinerv for the Waikari Milling Co.: (2) an order deelarin? that, m respect of the said work plaintiffs wero entitled to a charge of £415 19s 2d upon the moneys payable to Audrey Hall by the defendant. Reliable Agencies Co., under and in respect, of the sub-contract for the unloading, erection, and installation by defendant Hall of milling machinery at Waikari: nn order declaring plaintiffs were entitled to a hen on the land owned by the Waikari Milling Co. on which the machinery was agreed to bp erected; an order directing the Waikari Milling Co. to pay £415 19s 2d to plaintiffs: and, further, snch orders for costs and expenses as the Court might deem fit.

Kelinblo Agencies. Co. were eliminated as a defendant early in the action, though counsel remained for the purpose of examining ■such witnesses as might be called. After legal argument, the eumtnop.3 wag dismissed and judgment given for defendants, with costs. Tattersall and Co. were allowed £lO 10s costs. Waikari Milling Co. £lO 10s, and Roliable Agencies 00. £7 7s. Hall, who was not represented, and who was stated to have disappeared, was not represented by counsel.

Plaintiffs were also ordered to pay witnesses' expenses.

MAGISTERIAL.

FRIDAY. (Before Mr E. D. Mosley, S.M.) DRUNKENNESS. Timothy Brady, charged with drunkenness and with fighting in Clarence road, Addington, was convicted and sentenced to 14 days' imprisonment on the first charge, and convicted and discharged on the second. RESERVED DECISION. His Worship gave his reserved decision in the case 3 in which Charles John Brown, promoter of the '.'Wordskil" competition, and Thomas Edward Robson, publisher of the "Star" newspaper, were charged with a breach of the Gaming Act. Brown was charged that on August Bth he commenced a scheme whereby a sum of money was competed for by mode of chance, and that, on August 27th, he commenced a similar scheme. The charge against Robson yas that ho published an advertisement which made it appoar that certain premises were usod for the purpose of running s lottery. The Magistrate said he had come to the conclusion that the element of chance greatly exceeded the element of skill. There were so many solutions that the element of skill was almost entirely eliminated. On the charge of commencing the scheme Brown would be convicted. With reference to the charge against the publisher, it was quite clear that a P.O. box could not be termed "premises." That charge would be dismissed. Chief-Detective Lewis said that on two occasions they had tried to trace the published winners, but had been unable to do so. Brown alleged that his partner, Grebwell, had taken the proceeds and left for Australia. ; The Magistrate: It appears as though the whole thing was shady. Brown was probably drawn into it by one who might be termed a "crook." Brown was fined £lO. and costs on the first charge, and convicted . and discharged on the second. ALLEGED FRAUD. •Joan Saxon, aged 26 years, was charged that, with intent to defraud, she obtained from Inger McLennan a lady's dress, valued at £6 16s Cd, by means of a certain false pretence. The accused was remanded until November 3rd. BY-LAW BREACHES. Lan K. Buchanan, for obstructing a footpath with a motor-car, was fined 10s and costs. The following were fined for- cycling on the footpath:—Cecil Boyce 10s, Malcolm Laing 10s, Stanley Meers costs only, John Paton 10s, Colin Wilkie 2s 6d. George Wood 20s. ' t , Blackwell Motors, Ltd., for a breach of the Motor Vehicles Act, in that they permitted an unlicensed car to be driven, were fined 10s' and costs. John B. Johns, the driver of the car, was convicted and ordered to pay costs. „, , , „ Walter G. Forsyth, William John Bannap, and Herbert Halligan were each fined 10s and costs for cycling at night without a light. On a similar eharge, Kenneth Verey was-fined 2s 6d and costs. For leaving vehicles at night without lights, Wnshington I. Carney, Hector Clark, Clarence Dallev, Leonard Greenaway, Bruce G. Henderson. "Robert Maxwell, and Leonard G. Rathgen were each fined 10s and costs. Arthur Edward Cowper was charged with pillipn-riding and with riding a motor-cycle without a license to do so. It was «**ted that- Cowper's license had been cancelled last year, and he was still prohibited from riding. On the first charge he was fined £5 nnd costs, and on the second 30s and costs. . , . George E. Jackson was convicted and ordered to pav costs, and B. Parves 10s and costs, for driving motor-vehicles without licenses. Albert John Long, Robert C. Keid, and Charles N. Wheeler wera each fined 80s and costs for pillion-riding. Lester Joseph Marsack was charged with driving a motor-car at night without a rear light. The information was dismissed. LICENSE SUSPENDED. Edward Charles Eskett pleaded guilty to a charge of negligently driving a motorlorry along Riccarton road. Senior-Sergeant Fitzpatrick said defendant had been driving a petrol-lorry along Riccarton road, and had collided with a tramcar. The motorman had seen the truck approaching, and had sounded his gong. The tramcar was practically stopped when the collision occured. When interviewed, defendant admitted that he had not seen the tramcar. Mr G. A. G. Connal, for defendant, said the facts would be admitted. Defendant bad not seen the car until ho was practically on it. He had been returning after a hard day's work, having been on the road from 6 a.m. to 10 p.m. _ As soon as the company heard of the accident it had suspended Eskett. who had then resigned. He had been out of work for several months. In convicting and fining Eskett £lO and costs, ihe Magistrate said he had taken into consideration the fact that he hid pleaded guiltv. His license would be cancelled until March 31st, 1925. NEGLIGENT DRIVING. Joseph Deyell, a motor-truck driver, was charged with negligent driving, nnd with speeding over an intereectiou. He pleaded not guilty. Seuior-riergeant Fitzpatrick said defendant had driven along Ferry road at an estimated speed of 40 miles an hour. It appeared th:U !:c »'as racing with another motorist. Defendant said ho had been travelling about 20 miles an hour. He had attempted to pass another motorist, who had accelerated. The Magistrate said ho was satisfied that defendant had driven in a dangerous manner. It had been » Saturday morning, and there were several children about. Deyell was fined £7 and costs on the first charge, and his license was cancelled until March 31st. 1928. He was convicted and discharged on the second charge. An information against George William Loughton (Mr Wanklyn) of negligent driving was dismissed. ' John Joseph Fox (Mr W. J. Stacey) ws§ ' charged with negligent driving and with

(ailing to stop after an accident. He pleaded not guilty. On the first charge Fox was fined £i and costs; the second charge was dismissed. Richard Watkinson (Mr "G. A. G. Connal) was charged that he drove a motorcar in Madras street in a negligent manner, and that he (ailed to report an acciden..^ The first charge was clLsmi—.-a :.<■' «' was ordered to pay costs on the second. Georgo Leonard Cecil Richard.' (-•lr itJ. Burns) was fined £2 (or negligent driving in Tuam street. On a simnnr charge John Meadows was fined £2 and cos.?. TRUANCY. K. Tvndall and A. C. Payne were raeh fined 10? and costs (or failing w = cna children to school.