THE COURTS.

Press, Volume LXIII, Issue 19171, 30 November 1927, Page 5

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adams, and a Jury of 12.) PETITION FOR DIVORCE. £3OO DAMAGES AWARDED. The jury awarded petitioner £3OO damages when George Edmund Collett, railway employee (Dunedin), petitioned for divorce from Evelyn Collett, of Christchurch, and £SOO damages against his cousin, Alfred Frederick Walsh, engineer, Christchurch. Mr J. F. Sinclair, Dunedin, represented petitioner, there being no appearance of respondent or co-respondent. The jury was called on to assess damages in the event of the Judge granting divorce. Mr Sinclair said that Collett was married to respondent in 1919 at Dunedin, and lived happily together until December of last year, there heing four chidren of the union. About September or October last year, petitioner introduced co-rospondent to his wife. Walsh, being a relative of petitioner's, had access to the house at any time. Her affection began to wane, and later she disappeared, and was later found to be living with Walsh in Christchurch as his wife. , i Petitioner gave evidence to this effect, statements made by Walsh and respondent and admitting the relationship being produced. His Honour granted a decree nisi on the usual terms, and the jury, after a brief retirement, awarded for £3OO damages. Judgment wa3 entered for this amount, with costs egainst co-respondent. MAGISTERIAL. ; TUESDAY. (Before Mr E. D. Mosley, S.M.) DRUNKENNESS. A female Bret offender for drunkenness was fined 10s and costs, in default 24 hours' imprisonment. Charles Edward Hill, who waß charged with drunkenness, and who the Senior-Sergoant said had been drinking methylated spirits, was remanded until December 6th. •i. STOLE BOWLS. Harold Hardgrave, alias Harold King, 39 ."'■•'•'■ . ■■■ ex-imperial Army man, pleaded guilty to the theft of a set of bowls valued ot £5 10s, the property of Norton Francis. He was represented by Mr W. F. Tracy. "This man describes himself as a windowcleaner," said Chief-D-etective Lewis, prosecuting. "When arrested he told a plausible story, but Liter admitted the theft. He has been in the habit of passing himself off as 'Major Hardgrave, D.5.0.,' and that sort of thing. As far as I know he has gained nothing by it." Hardgrave was fined £3 and costs, in default a month's imprisonment. TAXI-DRIVER BURGLAR. James Hamblin, taxi-driver, 39 years of age, paid several nocturnal visits to Mitchell's boot stores, and it is said he managed to get away with 39 pairs of assorted boots and shoes, to the total value of over £3O. Chief-Detective Lewis, prosecuting, said the charges had been bulked together to save a long list of individual charges. Thomas Howarth, co-manager of Mitchell's boot stores, said that for some time past the firm had reason to believe boots were missing from the shop. He hid, on different occasions, cotton across the door in such a manner that if anyone entered the cotton would be broken. Witness watched the building later with a detective, and about a quarter to eleven on November 19th a person entered the building. Witness was standing behind the workhousn dodr, and caught the intruder, who was handed over to the detective. Detective J. Findiay said the intruder in the bootshop was Hamblin. Thirty-seven pairs of boots and shoes, which witness found in accused's residence, were produced in Court. Some of the boots had been worn. Witness read a statement made by the accused in which he admitted having entered the shop on six or seven occasions, taking the goods which were recovered. Accused said he had taken the goods as he had been in ill-health, and in financial difficulties. Hamblin pleaded guilty, and was committed to the Supreme Court for sentence. ANOTHER CHANCE. Henry Eric Clark wag charged with being an idle and disorderly person, to which charge he pleaded not guilty. Detective-Sergeant O'Brien said the man had been knocking about town for some time, and had been drinking heavily. After further evidence had been taken, the Rev. P. Revell, Court Missionary, said he would arrange for the man's passage to his home town, Dunedin. The' case was dismissed, the Magistrate saying he did not wish to enter a conviction against the man, and would give him another chance. NAME SUPPRESSED. A man, 28 years of age, and his 18-years-old brother, who were represented by Mr W. V. Tracy, were charged with the theft of a motor chassis valued at £7, the property of Rasmus N. Johannsen. The man was fined 20s and costs, in default Beverr days' imprisonment, and the lad was .placed nnder the care of the Probation Officer for 12 months. An order was made for the suppression of names. CIVIL BUSINESS. (Before Mr H. A. Young, S.M.) JUDGMENT BY DEFAULT. Judgment by default was delivered in the following eases:—Booth, Macdonald, and Co., Ltd., v. E. Peck, £2 9s 3d; New Zealand Automobiles, Ltd., v. T. T. Hooper, £2 8s lOd; H. Laban v. A. Wilton Stanley, £4 10s; Trade Auxiliary Co. v. W. R. Opai, £6 Is; same v. J. P. Kavanagh, £22 0s 6d; Andrew Lees, Ltd., v. A. Oberg, £ls 0a lOd; H. F. Stevens v. J. Shannon and Co., £2B 3s 8d; Benjamins, Ltd., v. A. M. Donohue, £66 3s; Maling and Co., Ltd., v. J. Cameron, £1 18s 3d; same v. W. Allan, £3 9s lOd; Robert Malcolm, Ltd., v. T. E. Thomas, Ltd., £129 8s 3d; Watkinson and Kennett v. F. J. Heise, £9 13s; South Island Trading Co. v. C. H. Edlin, £1 10s; G. E. Husband t. Connie Francis, £ls; State Advances Superintendent v. J. Keating, £2B 3s 6d; A. Charles v E. F. Harris. £1 17s; Bame v. W. Stenhouse, £2 9s lOd; W. H. Simms and Sons, Ltd., v. B. H, Reeves, trading as B. H. Reeves and Son, costs; Carpet Import Co., Ltd., v. H. A. Jenkins, £4 14s 8d; Thos. Perry and Son, Ltd., v. Stuart M. Robertson, £ll 2s 6d; Mrs M. E. Gunn v. Ruby Nellie ■ Evans, £27 5s 9d; J. J. Ardagh v. M. Drinkwater, £6 18s 6d; Robert Malcolm, Ltd., v. T. E. Thomas, Ltd., £129 8b 3d. JUDGMENT SUMMONSES. L. F. Halcrow was ordered to pay the Pioneer Amateur Motor and Sports Society (incorporated) the sum of £4 0s 6d forthwith, in default four days' imprisonment. J. Finnerty was ordered to pay the Engineering Union the sum of £3 3s 6d, in default four days' imprisonment. W. Chambers was ordered to pay ±\ *.. Clark and Co., Ltd., the Bum of £4 3s 6d, in default six days' imprisonment. CLAIM FOR MATERIALS. P. Cairnß, painter (Mr Stacey), claimed from Agnus Groom the sum of £6 15s for materials supplied and work done. Judgment was given for £3 18s. Cairns also claimed £7 10s from Alfred Whitworth for building materials supplied and work done. Judgment was given for the full amount. NEWSPAPER S.UED. Philip Joseph Stanley Schumacher, of Christchurch, driver, an infant, claimed through Philip Henry Schumacher, maltster, the sum of £lO 18s from "Sun" Newspapers, Ltd., said to bo due to him under the conditions of the paper's insurance scheme. Plaintiff (Mr Cuningham) deposed that on June 27th, 1927, he complied with all conditions necessary to entitle him to the benefits of the "Sun" free insurance schemo. On September 15th he injured his shoulder while playing football, causing partial disablement for two weeks, and necessitating an expenditure of 18s. Plaintiff claimed £lO 18s under the scheme, but the newspaper company had refused to pay it. Evidence showed that plaintiff, two other young fellows, and four boys were playing with a football on a rough paddock on a Sunday afternoon, when Schumacher fell and hurt his shoulder. Mr Cuningham held that the game they were playing was a game of sport, though not under any definite ruleß, and came within the terms of the contract as it was offered to the public. The words in the conditions were, "while such subscriber is competing in any game of sport." Mr Hutchinson, for the company, held that "sport" as .read in the conditions of the insurance meant organised sport played under definite rules, and not any rough-and-tumble that young fellows might be engaged in. The clause did not undertake to cover such cases. The Magistrate held that on the evidence the plaintiff was engaged in a game of sport, and gave judgment for the amount claimed, with costs. DISCOUNT ON TVftES. Merchant Supplies, Ltd. (Mr Cavell), claimed from the Peninsula Motors, Ltd. I (Mr Geddes), £9 15s 9d, which, the latter I held, was discount ou tyres purchased. Plaintiffs obtained judgment for the full amount.