THE COURTS.

Press, Volume LXIII, Issue 19161, 18 November 1927, Page 3

THE COURTS.

SUPREME "COURT. (Before his Honour Mr Justice Adams.) ASSAULT. Assault causing actual bodily barm and robbery with violence were the charges preferred against Harjorie Oliver and Anker Jakob Charles Jensen. Mr A. T. Donnelly appeared for the Crown, Mr A. J. Malley for Oliver, and Mr J. B. Batchelor for Jensen. After a short retirement the jury' found Jensen guilty on the charge of common assault only. The accused Oliver was acquitted on both charges. Jensen will come up for sentence to-day. The story, as explained by Mr Donnelly, was that, on October 6th, the two accused came from Wellington by the boat, and had consumed a fair amount of liquor by 8 o'clock. Jensen had £97 on him, which he bad concealed in his sock. Together they went, to the house of one Wilson, in Slierbourne street, St. Albans. Whether through forgetfulness or through being fuddled with drink, Jensen did not know where the money was, and seemed to think that Mrs Wilson or someone in the house had stolen it. He thereupon set on to Mrs Wilson, when Mr Wilson came out. He then set on to Wilson, an old man, and injured him, breaking his right collar-bone and robbing him of £3 19s Bd. Mr Oliver's part in the case was that she was an accomplice of Jensen. Witnesses were called for the Crown. Jensen's version in the box was that Mrs Olliver took him to the house in Sherbourne street on the day in question. They took liquor with them. Before he got off the boat he put the £97 which he had in the sock. When he reached the house he met Mrs Wilson and Mrs Lord, who made a great fuss of him and put their hands on him. Whep he went outsido he found that the money was' not in his pocket, and he naturally concluded that he had been robbed. Ho went back to the house, and after trouble succeeded in searching the two women. He then searched Wilson' by force, but did not strike him or hurt his collarbone. Ho took the purse with money in off Wilson, saying he could have it back when witness got his money back. When the police arrived Jensen was searched and the money found in his sock. • He then said he was sorry. Mrs Wilson was the first to make an assault, and at no time did ho strike the women or Wilson. MAGISTERIAL. THURSDAY. (Before Mr E. D. Mosley, S.M.) WILFUL DAMAGE. Hugh Drafiin was .charged that he wilr fully damaged a pane of glass, valued at 25sf the property of 0. F. Watson. Senior-Sergeant Fitzpatrick said accused had created a disturbance in the Lancaster Park Hotel, and was put out. Shortly afterwards a tin was thrown through a window, and Draffin was seen running away. Accused was fined 20s and costs, and was ordered to pay the amount of the damuge. He was allowed time to pay. NEGLIGENT DKIVING. George Robertson Croll was charged with negligently driving a motor-car at the intersection of High and Madras streets. Senior-Sergeant Fitzpatrick said the case was not a serious one. It appeared as though defendant had failed to keep a proper look-out, and there had been a minor collision at the intersection. Defendant, who pleaded not guilty, said it was not his fault that the collision had occurred. He had approached the corner very carefully, keeping a proper look-out. He had the right of the road, and contended that the driver of the other car had been the cause of the collision. "I contend that I was absolutely in the right, and that the other driver was in the wrong," he added. "But I suppose your Worship hears many similar pleas!" "Oh, yea—hundreds," replied the Magistrate. The case, he said, was not a serious one. Defendant would be convicted and fined 20s and costs. A NUISANCE. Robert Barr, a young man, who pleaded not guilty to a charge of casting offensive matter in Gloucester street, was fined £3 and costs. BREACH OF ACT. Charles Kelly (Mr M. J. Burns) was charged with commencing a scheme by which prizes were disposed of by a mode of chance. Senior-Sergeant Fitzpatrick said that on the day of the opening of the boating season, defendant was conducting a lottery, known as "housey-housey," Hie proceeds of which went to the funds of the Avon Rowing Club. . Police evidence was called to explain the manner in which the lottery was run. "It teemi a very innocent sort of game, said the Magistrate. "I'm sure there were worn gamea conducted at the Show. Some

qf those games would not have been allowed even in Chocolate Alley -at the Dunedin Exhibition.' 1 Mr Burns submitted that there was np evidence against defendant, whp had not commenced the scheme. .Kelly was convicted and ordered to pay costs. UNREGISTERED RIFLE. Edgar Carter, aged 18 yoars, was charged with delivering possession of a rifle to David Taylor without a permit. Taylor, who did not appear, was charged with having a rifle without a permit. Carter was convicted and ordered to pay costs, and Taylor was cqnvicted and the rifle confiscated. CROSSING CASES. Herbert Alfred Reese was charged that he attempted to drive a motor-car over the Styx -railway crossing when the line was not cle » r - . , . ~ , i. j In evidence the engine-driver said ho had seen the motor-car when it was about 80 yards from the crossing. It had been travelling fairly slowly, and he thought it wap going to stop. The train had been travelling about 17 miles an hour. The engine had struck the car in the rear, tearing the wheels I The Magistrate said it was a fairly safe I crossing, and defendant should have seen the train, approaching. Reese wap fined £3 and costs. For a similar offence in connexion with the Lincoln road crossing, Frederick Harrop was fined £2 and costs. PESULT OF ACCIDENT. Jack Francis Andrews (IJr J. K. Moloney) was charged that on Octqber Bth he converted to his own use, but not so as to he guilty of thefti.a motor-car, the property of A. S. Peterson and Co. He was further charged with negligent driving in Page's road, and with driving a motor-car without a license to do so. A plea of not guilty wbb entered on the first two charges, but the third charge was admitted. Senior-Sergeant Fitzpatrick said that at 7.22 p.m. on October Bth, a Mr Lamburd, an employee of A. S. Paterson and Co., had driven the firm's car to the railway staKou. Defendant and two young women had been in the car ut the time. While Mr Lamburd was interviewed by a member of his firm on the platform, defendant drove the car away. While driving dpwn Page's road'he had been travelling about 25 miles an hour, and had been following a tram-car. In order to pvpid an accident, hp had swerved to the jeft and collided with a lamp-post. The car cannoned off the post and came to rest on a pile of shingle on the other side of the road. H. S, Lamburd, an employee of A. S. Paterson and Co., gave evidence on the lines of the Sergeant's statement. In evidence Andrews said the accident had been caused by his attempting to avoid two boys who had stepped off the footpath. He had been travelling about 25 miles an hour, and had been gaining on the (ram-car. There was a great deal qf dust sbqut at the time. The car had been severely damaged, pne side being completely smashed. The young \vemen had been injured in the accident, and he had immediately hurried off for an ambulance. The Magistrate said that Mis 6 Taylor, aq employee of the firm, had apprqvpd of the drive, so there coijld havo been no conversion. Defendant had taken a risk driving without a license. He admitted travelling at 25 miles an hour pn » dusty rpad, and that a dangerous speed, The first charge was dismissed. On the second charge he was fined £7 and costs, and £2 and costs on the third. (Before Mr H. A. Young, S.U.) CIVIL BUSINESS. In each of the following cases judgment was entered for the plaintiff by default:— St. Saviour's Guild v. E. Greenwold, £3B 18s; Booth, Macdonald and Co., Ltd., v. H, Hall, £43 3s Id; N.Z. Acetylene and Hardware Co. v. L. Shearer, £27; D. W. McGill v. J. King, £4 5s 6d; N.Z. Farmers' Co-op. v. J. W. Horneman, £5 14s Id; N.Z. Glove Co! v. F. E. Cox (Wade and Co.), £2 8s ldi Robert Taggart v. A. S. Campbell, £1 8s; W. E. Munday and Sons v. A. J. Heslip, 19s fld; C. Luxton v. J. Prisk, £1 19s; W. L. Whittington v. G. H. Baker, £26 16s; Simpson and Williams, Ltd., v. J. S. Guthrie, £43 12s 6d; J. R. Kent and Co. v. A. R. Williamson, £2 6s 6d; Chas. Fisk and Son v. J. D. Scott, £7 10s; A. W, Buxton, Ltd., v. R. O'Rpurke, £3 3s 3d; The Home Supply Ce., Ltd.. v. A. Johnston, £3 ss; same v. James Check, £7; Hammon and Turner, Ltd., v. Henry Cooper, £lO 12s 6d; H. Pannell and Co. v. A. M. Evans, £1 12s 3d; S, B. Clark and Co. v. Malcolm Goss, £l7 19s 4d; F. Davidson V. D. Brown, £lO 16a sd; David Crozier, Ltd., v. J. H. Corbett, £5 17s sd; W. Brown v. F. Webster, £3; H. Jacob v. B. 0. Priddis, £1 17s 6d; Booth, Macdonald and Co., Ltd., v. M. Munro, £l, 3s 9d; Beath and Co. v. A. Hawley. £1 6s 10d; R. Coghill v. J. B. Kerr, £4 9s 3d; Pome Supply Co., Ltd., v. Alfred P. Bignal, £9 3s; W. G. Wood v, L. fawsey, £4; Charles S. Thomas v. J. Ramsey, jun., £3 17s 6d. JUDGMENT SUMMONSES. J, Beattie was ordered to pay T. Vogan the sum of £2 3s lid fprthwith, in default three days' imprisonment. J. H. Barton was ordered to pay Mrs K. Y, Washington tlte »uw of <5 12s 9d forthwith, in default aix dare' imnriioninaat.

CLAIM FOR DAMAGES. William Forbes Hansen (Mr Tracy) claimed from Hayden Oheesman (Mr Ouningham) the sum p{ S4O, alleged general damage? aris. ing out o( a motor collision, said to be due tq the defendant's negligent driving. Judgment was given for plaintiff for £7 and costs.