THE COURTS.

Press, Volume LXIII, Issue 19166, 24 November 1927, Page 14

THE COURTS.

MAGISTERIAL. WEDNESDAY. (Before Mr H. P. Lawry, S.M.) DRUNKENNESS. .Henry Joseph Huggard, aged 40 years, was charged with drunkenness, having been once previously convicted within tho past six months. Ho was further charged with being found on the licensed premises of the Foresters Hotel during prohibited hours On tho first charge Huggard was fined £3, in default seven days' imprisonment, and 20s, in default 43 hours' imprisonment, on tho second. A first offending inebriate was fined 20s, in default 24 hours' imprisonment. THREE CHARGES. John McDonald, aged 38 years, was charged with drunkenness, with unlawfully assaulting Charles Crosier, and with using obscene language in a public place. Senior-Sergeant Fitzpatrick said that at 11.40 u.m. on Tuesday, accused had - been drunk in Colombo street. He approached some young men on the footpath and struck one of them. A constable who witnessed the incident immediately arrested him. He struggled and used the language complained of. There wcro several people about at the time. McDonald was convicted and sentenced to seven days' imprisonment on each charge. REMANDED. Alexander James Rhind, age*d 18 years, a sailor, was charged that on June 20th, at Auckland, he deserted frlom H.M.S. Diomede. Rhind was remanded for a week. William Ford, aged 17 years, a labourer, was charged with stealiug a bicycle valued at £lO, the property of It. F. Ohinnery.. On the application of Chief-Detective Lewis accused waß remanded until November 29th. Bail was allowed, self in £25, and oue surety of £25. A remand until November 29th was granted in the case in which Mullin Brooker Ferguson, aged 17 years, was charged with receiving a silver watch from William McKenzie, knowing tho samo to have been dishonestly obtained. TROUT IN NET. John Brown (Mr F. D. Sargent) was charged with taking trout by other means than a rod and line. It was stated in evidonce that defendant had been trawling for flounders, when two trout were caught in tho net. He had failed to return them to the river. Brown was fined £3 and costs. COMMITTED FOR TRIAL. Hill Tolerton, aged 50 years (Mr H. W. Atack), was charged' with wilful and obscene exposure in the Botanic Gardens, and with committing an indecent act. At the conclusion of the evidence, accused pleaded not guilty, reserved his defence, and was committed to the Supreme Court for trial. Bail was allowed. An application for the suppression of the name, on the grounds that its publication would interfere with his work, was refused. He was ordered to report weekly to" the police. ACTION FOR SURETIES. James Gibbons (Mr W. F. Tracy) applied for sureties of the peace against Thomas James Holland (Mr Lee). Informant stated in evidence that he had been living with defendant, his brother-in-law, for about twelve years. In the past two months defendant had shown ill-feel-ing towards witness. Lately he had assaulted witness and threatened him several times. The sureties were granted. RANGIORA. (Before Mr E. D. Mosley, S.M.) Frank Morcain pleaded guilty to a breach of his prohibition order, and was convicted and fined £2 and costs, in default 14 days' imprisonment. Forty-eight hours was given in which to find the money.

Elsa Chinnery (Mr E. D. R. Smith) applied for maintenance and guardianship orders from John B. Chinnery. The application was granted, and defendant was ordered to pay plaintiff £1 17s 6d a week in respect of herself and child.

Judgment for plaintiffs by default was given in the following cases: —Public Trustee v. J. B. Dench, £4 lis lid; Walter Allison v. William Hcgan, 16s 3d; C. W. Bell v. Mrs M. Newman, £1 8s 3d; J. D. Discaciati v. W. McDonald, £2 13s; New Zealand Farmers' Co-op. v. W. Chambers, £2 16s 3d; same v. L. Morgan, £1; C. E. Betts v. T. Powell, £2 13s 3d; the Public Trustee v. C. Johnston. £ls 10s 4d.

In a judgment summons, City Drapery Stores, Ltd., v. M. Flynn, claim £7 5s lOd, debtor was ordered to pay the amount forthwith, in default seven days' imprisonment, the warrant to be suspended till February 23rd, after which debtor was ordered to pay 3s a week until the account was paid. A youth, 18 years of age, pleaded guilty to stealing £4 10s, the property of the New Zealand Government. Accused was a cadet employed in the railway service. The sum of £4 10s was paid to him, and he failed to pay it into the post office at Sefton. Accused was convicted and placed on probation for 12 months. The Magistrate ordered the name of accused to be supressed.

James Trowbridge and Stanley D. Trowbridge were charged, on the information of Sergeant Cassidy, of having assaulted two men on the evening of October 24th. by striking them without provocation. Mr W. J. Sim appeared for the accused, who pleaded not guilty. After hearing the evidence the charges were dismissed.

William Frew, Amberley, claimed from Chafles Skevington, farmer, Waikuku. £ls o*, damage to a motor-car. Mr A. W. Brown appeared for the plaintiff, who said some horses belonging to defendant were being driven by an employee on the Main North road near Waikuku. After driving the horses on to the road the boy went back to'close the gate. A car belonging to plaintiff was struck by one of the horses and damaged to such an extent that it had to be towed home.

Mr K. 31. Archer, who appeared for defendant, denied negligence and liability, and called evidence to show that the practice of driving these horses from one paddock to another, which was across the road, had .been followed for years. The horses were

old and quiet, and the accident "could have been avoided. The Magistrate said that counsel for the defence had put up a very good case, but negligence was shown in that the lad in charge had allowed the horses to wander while he returned to closo the gate. Judgment was given for plaintiff for ±'ls 9s, and costs £5 ss. SUPREME COURT AT HAMILTON. (press association telegram.) HAMILTON, November 23. In Iho Supremo Court Mr Justice Herdman committed Robert Clifford Findon to the Borstal Institute for three years' detention on seven charges of attempting to cause wilful damage to property, including three of attempted arson. It was stated the accused's mental development was retarded. On three charges of forging receipts at/ Te Awamtitu, Thomas Sefton was admittod to two years' probation. A case of unusual interest, and with which were connected important features, was commenced this afternoon, when William Harold Melville Taylor, who was formerly arrested on tho charge of theft of a mailbag, appeared before Mr Justice Herdman ■on two charges of receiving cheques lost in a postal packet contained in the missing bag. Taylor was not chargedby the Crown with theft of the mail bap as, on the consideration of the evidence adduced, it had been decided that it was insufficient to warrant the case being submitted to the jury. The case is proceeding. On a charge of theft of cattle, the Maori, Waaka Matenga, was found not guilty.