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THE COURTS.

SUPREME COURT.

(Before his Honour Mr Justice Adams.) THEFT CASE.

Joseph Deyell and Albert Edward Frandsen (Air U. S. Thomas) apepared for sentence on a charge of theft. . Mr Thomas said that Frandscn was twenty vears of age. He had- borne a splendid character up to the time of the ottence, and hi 6 employment, was still open to him. Deye,l wsj in a. slightly different category, haying been at one time previously on probation. Tho two accused bought a motor-cycle for i3e. They found some parts were missing, and the vendor said that be knew of a motor-cycle from wUich spare parts could be obtained. The two accused stood back, and the vendor, Blacklock, for wnose arrest a warrant was out, said that they were cowards. They then went together and took the parts. Blacklock was the moving spirit in the crime, and he had bolted. Counsel asked for a term of probation for the accused. Mr A. V>". Brown, v.bo appeared for the Crown, concurred with Mr Thomas in the opinion that tho man referred to was the moving spirit in the offence. Some of the parts had been recovered, and -65 would

now cover the loss. Hi 3 Honour said that there would be ATJ 10s to pay as restitution in each case. Each of the accused was admitted to probation for three years, and ordered to pay 15s 6d costs, and also £3" 10s each, as restitution at the rate of 10s per week. TOO MUCH DIU.NK. Hastiugo Garfield Ire.and tMr M. J. Burns) stood ou a charge of breaking shop, theft, and attempted aroon at Methven, and Alexander .Thompson (Mr Jk\ 0. Sargent) on a charge of breaking shop and ihett. Mr Burns said that Ireland was a labourer, -13 years of age. He had a delicate wile and a- family of six children, the eldest eleven years aud the youngest two and a half years of age. Besides supporting his family ho hud continued to support a widowed mother. Tho crime was entered upon as the result of a drinking bout lasting three or four days. The two men came straight out of the hotel, and committed the crime. Ireland did not recollect the affair, and was very hazy about the -whole matter. It wa;: his first offence, and up to the present he had borne a good character. Counsel submitted that Ireland's offence was the result of a drinking bout, and possibly aro6e from a suggestion by Thompson, who had been convicted before. Ho had raado a clean breast of the matter, and had taken the police to recover the stolen goods. As far as tho charge of attempted arson was concerned, tho man could not put forward any explanation other than that he was on the verge of delirium tremens. His Honour: Where did he get into that condition! Mr Burns: At a public-house. His Honour: That is a eeriouß matter for the hotel. The Probation Officer's report does not agree very well with your instructions. The report says that ho ha 3 beou suspected on numerous occasions of theft, but nothing has been proved. Ho has beon addicted to excessive drinking, and his wife and family have been left to get along as best they may. Mr Burns: I understand that his family have straightened him up from timo to Hi's Honour: He attempted to burn down the place to hide the traces of the crime. Mr Burns: He is more a fool than a crimHis Honour: It might be said of every criminal that he is a fool. Mr Sargent said that Thompson had a drunken father, and was one of a family of eight children. * He had had to shut for himself at a very early age. He was addicted to drink. From accounts from Mcthven it appeared that he was regarded as a good citiien. He was not connected with the charge of arson at all, being merely an assistant to tho other accused. The real originator of the offence was Ireland. They were more fools than knaves. Mr Brown said that the police report showed that Thompson had pulled himself together during the last year or two, although he was subject to drinking. Irelajid was characterised.in the district as a loafer, and it seemed that he had the larger share in the offences. , His Honour said that both accused were under the Influence of drink, and it was shown that a largts proportion of crime cyme from excessive indulgence m liquor. & ome enquiries should be made by the police if Ken stayed at the hotel to[» >"* *<"& ! priming themselves for the offence, he wd "Some action ought to be taken, but that is no? for me to say. I cannot make a difference between the two accused. Each prisoner was sentenced to reformative treatment for three years. BREAKING SHOP. James Hamblin (Mr 0. S. Thomas), who had pleaded guilty to -breaking into Mitchell a hoot ftoP and committing theft four; charge*) and to breaking shop with the intent to commit a crime, appeared for sentence. Mr Thomas submitted that accused was a married man, 39 years of age, and he liatt Thr"e children. His wife stated that he was an excellent husband and a good father. He had been a taxi-driver.in Christchurch for a number of years, and until the commission of the present offence he had had no black marks against his name. He took about ZO pairs of boots from a boot shop, and s.mplylhrcw them'into an empty cupboard at his house. With the exception of a few pairs of children's shoes, the goods had no oeen nsed. He was ™» * nown T n w ° B ir, h t church as » very decent man. it waß nis first offence, and his emp oyers of him/ Counsel asked if probation might be extended. He had had nerve and allied troubles to contend with. „„„„_ His Honour.remanded accused to appear on December sth to enable the Probation Officer to submit a supplementary report.

PLEA CHANGED. When the prisoners had been dealt with his Honour intimated that in consequence of further "nvestigation into the case of Herbert William Carey, who had appeared for senW „ceTreviousiy onacharge of arson he was satisfied that Carey was insane at the time ofthc offence, and that his plea would lie altered from "Guilty" to "Not guilty. If in the meantime Carey is not dealt with by'the Minister for Justice, he will appear at the 'February sessions.

MAGISTERIAL.

THURSDAY. (Before Mr E. D. Moslcy, S.M.) THREE CHARGES. .

Edward Sullivan was charged with drunkenness, breaking his prohibition order, and *vith a breach of his probation order. He was convicted on each of tho three eharges. On the first he was fined 20s and costs, in default 48 hours' imprisonment; on the second £3 and costs, in default ono month's imprisonment; and on the third he was ordered to be brought before tho Magistrate by whom ho was sentonced and admitted to probation. STREET FIGHTING. Herbert Archibald Hamill and Frederick Fleming were charged with fighting in Madras street. Hamill, who was represented by Mr Burns, pleaded guilty, and Fleming pleaded not guilty. Evidence showed the dispute arose from the required settlement of a debt owed by Hamill to Fleming. Each was convicted and fined JE2 and costs, and Hamill was allowed 14 days in which t0 T ° 7 ' DRUNKENNESS. A first offender for drunkenness was fined 10s and eostß, in default 24 hours' imprisonment with hard labour. PROBATION. "This is a case where the committal of this boy to the Borstal Institute would be s doubtful benefit," saSd the Magistrate when placing Mullin Brooker Ferguson, one of the "gang" of ladß broken up by the Court on Tuesday, on probation for a period of two years. „„ . j Accused was ordered to pay 20s towards the damage done to bicycles stolen by him and his three mates. INFERIOR SHOES.

For selling inferior shoes not wholly mode of leather, and thus not coming up to the specification in the Act, Thomas Perry and Sons were convicted and fined £2 and costs, the Magistrato adding that no blame was attachable to the firm, as the goods were not the same as the sample from which they were ordered. ' CLAIM FOR, DAMAGES.

S. Wicks, carrier, claimed from A. -T. Fisher, leather merchant, the sum of SoG 3s Cd, damages sustained in a collision between defendant's and plaintiff's cars at the corner of Colombo and Brougham streets. Plaintiff was represented by Mr Stacey and defendant by Mr Twyneham. Judgment was given for the plaintiff for £46 3s 3d. A FURTHER CHARGE. Edward Sullivan, who was previously convicted on three charges, was sentenced to six months' imprisonment on a charge of attempted suicide. It was on this charge that Sullivan was admitted to probation, and ordered to come up for sentence when called upon, some weeks B?0 ' CIVIL BUSINESS. (Before Mr H. A. Young, S.M.) JUDGMENT BY DEFAULT.

Judjrment for plaintiff was given by default, with costs, in the following cases:— Commissioner of Taxes v. George Campbell, £3* 17« 4d; same v. Robert Evan Lake, 3s 8d: same v. Alfred Henry Jago, costs only: International Harvester Co. (X.Z.), Ltd., v. P. O'Donnell, £9 2s; John Doran Gobbe v. 0. N. Barrs, £l7 3s sd: Hacdonald Lumber Co., Ltd., v. S. C. Seyb, £l3 8s 3d; Ford Motors (Canterbury). Ltd., v. J. K. Cole, £t3 18s lid; Ashby, Bergh and Co., Ltd.. v. 'T. Cullen, £4 6b 8d; James Bryce v. William Allan, £lO lis 6d; Ellesmerc and Greenpark "Dairy Co'., Ltd., v. F. Hooper. 1 3s 3d: X.Z. Automobiles, Ltd., r. C. Kennedy, £l2 Os 6d; Swanstons, Ltd., r. J. Andrews,

£3 8r sd; N.Z. Farmers' Co-op., Ltd., v. A. Fergus, £4 9s; same v. J. K. Armstrong 12s 6d; same v. L. Painton, £2 17s 6d; H. Pnnnell and Co. v. L. A. McCracken, £3 15s; Dominion Mercantile Agency, Ltd. (assignees) and Vacuum Oil Co.. Ltd. (assignor) v. F. 0. Carter, £ll 4s Cd; F. C. A'Court v. T. Cooper, £7 10s 6d; Sargood. Son, and Ewen r. E. J. Hill, £ll 2a 3d; Christchurch Motors, Ltd., v. H. Jftrden, £4 5s Pd; W. H. SimpBon v. N. Virtue, £1 2s; National Mortgago and Agency Co., Ltd.. v. G. Thompson, £5 3s 3d; Beath and Co., Ltd., v. L. Paintin, £9; Jones Motors, Ltd.. v. Louis Maubon, £ll Is 4d; L. Pnynter, Crown Orchard Instructor, v. T. W. Wood. 2k 9d; A. E. Bristowe v. G. C. Knudsen, 9s 9d; D. \V. McGill v. Lewis Benzoni, £3 lis; S. Kelly v. W. Maurice, £9 6s: N.Z. Farmers' Co-op., Ltd., v. J. McCrnckcn, £lB 14s; same v. P. Brosnahan, £l9 8s; I). N. Adams, Ltd., v. J. Middlcton, £1 15s; Tait, Carlisle, Simpson, Ltd., v. M. and W. Costello, £1 4s; Emily Smith v. R. F. Walker, £3 10s; Roy Twyneham v. Albert Calvert, £2 2s; John Burns and Co., Ltd., v. G. Taylor, 14s; Carpet Import Co., Ltd., v. W. Martin. £l4 7s lid. ON JUDGMENT SOIMONS. C. Bergomini was ordered to pay the Christchnrch Operative Bootmakers' Union .the sum of £2 10s, in default three days' imprisonment. Mrs Marv Fox was ordered to pay Robert Johnston the sum of £2O 16s 9d. or in default was sentenced to 22 days' imprisonment at Addington. DAMAGES AWARDED.

Osborne Victor Berry, school teacher (Mr Tracy), claimed from Mrs Ida Bruges (Mr Johnston) the sum of £9 10*. alleged due as damages sustained in a collision between defendant's motor-car and a cycle ridden by plaintiff, The evidence showed that the collision ocenrred at the corner of Colombo and Cashel streets, defendant's car runnintr into plaintiff's cycle and damaging it, although plaintiff escaped without any serious injury.

The Magistrate gave judgment for de ferdant with costs.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/CHP19271202.2.115

Bibliographic details
Ngā taipitopito pukapuka

Press, Volume LXIII, Issue 19173, 2 December 1927, Page 14

Word count
Tapeke kupu
1,971

THE COURTS. Press, Volume LXIII, Issue 19173, 2 December 1927, Page 14

THE COURTS. Press, Volume LXIII, Issue 19173, 2 December 1927, Page 14

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