LAW REPORTS.

Dominion, Volume 1, Issue 298, 10 September 1908, Page 4

LAW REPORTS.

SUPREME COURT,

CIVIL SITTING. LAND TRANSACTION AT LEVIN. CLAIM TO SET CONTRACT ASIDE. The civil sittings' of the Supremo Court wore resumed yesterday, wlien the case of James Henry Kibblewhite v. .William George Somervillo was taken. The statement of claim set' forth that plaintiff, by his agent, W. D. Kibbleivhite, ■ agreed to purchase from defendant land known as Whirokino No. 2, containing 709 acrcs, near Levin. The terms agreed on wore as follow: —£1200 within one month; • £SOO within 12 months, with 5 per cent, added; and the balance, £1700, by talcing over an existing mortgago carrying interest at per cont. and payable in January, 1912. Prior to the making of the agreement, plaintiff and his agent were taken over the land by Arthur Robertson, agent for the defendant. It was alleged that Robertson represented to' them that there was on the eastern boundary a valuable flat, which, as- a matter of fact, formed part of the property of one Creswell. Plaintiff would not but for the alleged misrepresentation have entered into the contract. In February last plaintiff entered into • possession of the property. Upon his claim to the flat being disputed, ho took steps to ascertain- the- true boundaries of the property, which it was found did not . include the flat. The. plaintiff then gavo liotico to the defendant that he rescinded the.contract. The memorandum of transfer and the memorandum of mortgage wero execut'cd, but hot registered, at the time of the rescission, and the land being under.the provisions of the. Land Transfer Act the estate therein had not passed to.the plaintiff. AYherefore plaintiff sought to .have, the contract set aside,;, and tho sum of £1200 paid on account of the purchase money, returned to him, together with costs and such 'compensation as the Court considered he \vas entitled to recover. Defendant, by his statement of defence, said that the agreement was made by him with William D. Kibblewhito, who was the principal in tho matter, and not with the plaintiff. It wa's denied that Robertson had made the representation alleged. Kibblewhite had 110 right or causo for rescinding tho. contract. Tho memorandum of mortgage was prepared at the request of Kibblewhite, at whose request no transfer was stamped or registered, as he stated .that he had a prospect of soiling tlvo land at a profit, and wished to save stamp duty and registration fees. Beforo visiting the land Kibblewhite was supplied with an accurate, plan of tho property, showing the boundaries. As a matter of fact, the eastern boundary ■ did include a valuable flat.- Prior after tho making' of the contract, Kibblewhite made several visits to the land, and the true eastern boundary was pointed out to him. At the request of Kibblewhito, defendant had the survey made and the line pegged out. Mr. Morison appeared on behalf of the plaintiff, and Mr. M. Chapman, K.C. (with him Mr. Dinm), for defendant. No objection was taken to William D. Kibblewhite being joinod as a plaintiff. James Henry Kibblewhite-stated, in evidence, that the property was not, iiv his. opinion, worth more than £3 per acre without tho flat in question, which was valued by him at from £10 to £12 per acre to-work in with the. property. • Defendant had asked him whether ho would retain tho property if an allowance of £100 or £200 were made. Ho had also remarked that there was a probability that Cresswell would sell the-flat. It was, lie thought, impossible to make a living out of the property without the-flat. Cross-examined, plaintiff stated- that' lie was brought up iu-tlio country,: For. 28 years he liad;-howevdrj: bocn inlth.6 service .of tho Government as a postal clerk. /William Duncan Kibblewhite'deposed that Robertson told him and his son-;that. the property-.included-tho whole of tho flat in question.. ... • ' Evidence was also given by Wm. Charlesworth, surveyor; Thos. G. Clapham and Lauri. C. Ellerm. ■ ~ , .. . . .. . The Court then adjourned until 10 o'clock this morning. ■ ■ MAGISTRATE'S COURT. POLICE CASES. ' (Before. Mr. W. G. Riddell, S.M.) OBSCENE LANGUAGE. 1 A young man named John M'Laughlin was charged (1) with disorderly conduct in Willis Street whilst drunk, and (2) with using .obscene language. Accused pleaded guilty to tho first charge, but said-he did not remember having used the language complained of. He had been working, but had been knocked off by tho foreman without any explanation, and had consequently taken a few drinks. It was stated by tho police that accused received a knock ou the head recently, and whenever ho took drink it had. a very bad effect on him. . On tho first charge accused was convicted and fined 205., in default seven days' imprisonment, and on the second charge, a sellHence of fourteen days' imprisonment was imposed. ESCAPE FROM PRISON. A charge of escaping 'from H.M. Prison at Point Halsweil, on September 8, was preferred against Edward Thos. George Saule, alias Hughes. Accused, who was' defended by Mr.'Toogood, pleaded guilty. Counsel explained that accused was committed to prison at tho last sessions of tho Supreme Court on -a charge of forgery, and accused was cook at the camp and had suffered from insomnia, which led to complete nervous prostration and - breakdown. Ho had been sleeping by himself, and at about 7 p.m. on Tuesday sot out for Wellington, simply removing a sheet of corrugated iron and opening the gate, his intention being to get some chlorodyne and some whisky, and then -return. Ho covered his prison clothes with a pair of trousers, and an old overcoat, which he found. Accused was not a man who would uso violence, and simply took advantago of tho opportunity of getting into town and back again beforo 4 a.m., when ho had to go on duty. Sub-Inspector Phair stated that accused was arrested bv Sergeants Rutlecigo and Stewart. Ho,had £4 15s. 2d. m lus possession, also somo whisky and a razor. His Worship said accused must bo penalised for the offence,, and as a warning to others. A sentence of three months' imprisonment, to be cumulative with the sentenco accused was now serving, was entered. A PECULIAR CASE. Ho was a tall young man named Corbet Richard Cresswell, about 25 years of age, of perfect build, and somewhat classical cast of countenance, and looked entirely foreign to the class of chargo on which ho appeared, viz., vagrancy. 'Die chargo was one of being an idle and disorderly person within tho meaning of tho Polico Offences Act, 1884, in that ho had no visible nic-alis of support. "I plead guilty to being a vagrant," rc.marked accused in clear tones, when asked for his plea. Accused was dressed in an old shooting coat, which hung in tatters round him, and woro a shirt open at the neck and' no collar. A. pair of serge riding trousers' of tho latest cut and riding gaiters competed tho outfit, but thero were no stockings, underneath the leggings, and tho boots were full of holes. Sub-Inspector Phair informed tho Court that accused was arrested at Makara. Complaints had been received, about accused begging about tho district and sleeping in outhouses. Tho man had niado two different statements to- the police. One was to the effect' that lie had come from. Colombo, via Sydney, and that ho did not want work and was not looking for any. The other. statement was that lie had come from Auckland, begging for food on the tfay down, a-id sleeping in outhouses. * Accused was remanded for sentence until Wednesday next, to enable further innuirics to bo made. ALLEGED UNLAWFUL ASSAT' John P'Sullivnii was charged, oil remand, with having, on August 30, at Wellington,

assaulted, Richard Coulsoii so as to cause him ! actual bodily harm. : Chief Detective 51'Grath conducted the i case for tho prosecution, and Mr. O'Leary appeared for tho defence. Richard James Coulson, clerk, employed at tho Royal Oak Hotel stated that he knew the accused. On Sunday night, A.ugust 30, witness was talking to accused's wife in Aro Street.' Witness heard a voico say: "You I've been waiting for you for two months." Witness then saw accused, and .almost • immediately received a- blow on the sido of the head, after which other blows were struck. After witness had been attended to lie went down tho road and seeins accused, called him a coward and smacked him with a cano. Accused knocked witness down with a blow from his fist, and then kicked him about tho back and legs, rendering him almost insensible. Witness got to his homo at length, and went to bed. Next day a doctor had to be, called in. The overcoat, coat, waistcoat,' shirt, and singlet witness had on at tho time.wero produced. Three holes were found iu tho clothes, apparently slight cuts made with a sharp instrument. Witness's skin immediately under tho • holes wa-s punctured, and tho singlet and shirt lie ' had -on at tho time were stained with blood. Accused had no provocation for the assault. Dr. Hogg, who attended complainant on August,3l, stated that the man was bruised about .tho, head and face, and had two small . wounds on tlio face. On a subsequent examination ,threo-small skin w.ounds woro dis- - covered.'* The woundi' would correspond.with the holes,' and'blood-stains on tho singlet produced. They could, in the opinion of witness, liavo been caused by some sharp instru- / ment such '.as. an ordinary penknife., Wm. Georgo. Luko deposed, that he. saw accused knock' complainant down and punch .him. Witness did not seo accused uso anything but his hands. Georgo Swanson gave corroborative evidence. Mary Elizabeth' Smith, who witnessed 'the ' alleged assault, and Detective Cassells, who arrested accused, also gav evidence. r Accused pleaded not. guilty, and was committed to .the Supreme Court for trial. Bail was allowed in tho sum of £100, and two sureties of £50 each. .; . . MISCELLANEOUS: James Washington, with four aliases, was charged (1) with having,''', on September 8, unlawfully assaulted John. Elliott, and (2) with wilfully breakiug a window, valued at £2 10s., the property of John'Elliott.. Evidein o showed that accused 'went into' complainant's refreshment rocml/.and' on being ordered to leave struck 'complainant. ''■ A struggle ensued, and the. wiudpif was broken. - ■; On the first chargo accused was'sentenced to, fourteen clays', imprisonment,' 4nd 'on' the second was convicted arid fined ;£2, and costs 10s.. and ordered ,to pay' for, the .damage done, in default fourteen days' ment,. .. Georgo Ernest Whitmoro charged with liar- : ing, on September 8, unlawfully assaulted Michael Bryan," pleaded" riot guilty,', and. was . , convicted and discharged, his Worship, after hearing.evidence, holding that a technical as-, sault had been committed, but that' thero was some provocation. _ \ ' Georgo M'Donald Campbell .entered a t>lca of guilty to a chargo of indecency, 'and .'Was■ sentenced to seven days', imprisonment.' .. .. Pleas of guilty were, entered'by'two sea-,' - men, F.; Nicholson and R. Williams, charged. with having, on September 5, used threatening behaviour on tho ferry . steamer Countess; whereby a breach of the peaco was occasioned. .' Each defendant was convicted and fined 205., " and costs 95., in default seven days' imprison- ;. ment. -. . • , i ■ V : . Three first offenders for drunkenness- were . dealt with. Two wero convicted and fined;. 55., in default 24, hours' imprisonment, and - tho third was convicted and . discharged. on condition-that he paid medical :expenses. '. amounting-to. £1 Is. - BY-LAW CASES.t A'--WAK-N,ING:. t ,TO t >DRiyERS. Herbert-Levey and Georgo Kennedy were: separately charged-'-'with ■ driving- a' -vehicle from tho top"' of a full load: - Both' defendants ;• pleaded guilty: •'• ; -''; •/; "• / ' » Corporation- Inspector''DoylG stated" that • complaiuts had been received of : carters' load-' jug their vehicles up to tho full extent andthen^.setting' themselves on top of the 'lbad and driving the horses from'' their elevated '-' position. Various excuses were' made 'by . drivers to show that it was. necessary to drive from the top'of tho load, but to. drive as they did was an offence against the'jeity by-laws. The prosecution did not press ..for a heavy penalty in the present cases,'/.the " object being to let drivers know that " tliey : would be prosecuted for future broaches in , the above direction. In each' case defendants were convicted and ordered to pay; . costs, 9s. OTHER CASES. , -V : : Herbert Coombe was convicted and fined; ss. and costs 75.. for allowing a horse to. bo at large at Rona Bay. E. G. F. Bohrat?, ' similarly charged was also .fined ss. and posts,;-, 7S. ' - • Wm. Rici, charged with negligently driv-,' ing a-vehicle, was convicted, and fined 20s. and costs 7s. ' • For . negligently riding a bicycle James- , Priest was convicted and fined 55., and costs • 7s. Grey Cowio was convicted and ordered to pay costs 75., for riding a bicycle on the . footpath at Karori. ' ' BREAKING AND ENTERING. Alexander Lawson was charged with enter- - ing Brown's boardinghouso in Taranaki Place' on August 19,- with intent to commit a crinic Chief Detective M'Grath conducted tho for tho prosecution, and Mr. .Kirkcaldio d«- ■ fended'. ' Edith Mary Brown, residing with lffir parents in Taranaki Place, said there was.::* cottago in Eva Street,' just at the back li f • the boardinghouse, in'which somo of t'i' boarders slept. She and her sister and MkiMillar, a waitress in the boardinghouse, slept in one room iu tho cottage,' and on the night in question sho was awakened about one o'clock by tho sound of someone 'entering the room by tho window. Tho person went round to near Miss Millar's bed, and then Miss Millar awoke, and commenced to scream so that the intruder-left hurriedly. She could not say-whether it was a mail or woman, but as tho-figure passed the window on the outside sho thought it looked more like a man. _ , f ' Cross-examined by Mr. Kirkcaldio: Sho had no causo to doubt tlio honesty of accused; , who had been a boarder in tho honse for.'" somo time. ' • Mona Winifred Miller, formerly waitress : in Brown's boardinghouse,-gavo corroborative evidence. She said sho was awakened about ' ; 1.30 on tho morning in question by soineono in the room, and sho started to scream when - tho person left. ■ Carl Frederick Bernan, boarder at Brown's house, gave ovidouco that hearing the screams ho went into tlio girls' room on August'l9 . and found a knifo (produced) sticking in thewindow. ■ 7 ,; William Eades stated that ho saw accused with a knife, similar to tlio one produced, ii this possession. _ t • > William Thompson, kitchcninan in Brown boardinghouse, stated that he found a smal. box, containing a mask and a piece of steel, lying in- a dustbin near tho house.- , ; Agnes Brown, Sidney Patterson, Emil Rawson, and Detcctivo Cameron also gave evidence. Tho last-named stated that he in company with Detectivo Broberg, interviewed accuscd, who stated that Russell (Rawson) said that ■ lie (accused) lent his knife to someone on tlio night of the occurrence. Subsequently tho dotective arrested accused. Accused reserved his defence,'and was com-... milted to tho Supreme Court for trial, bail being allowed in £50.and two sureties of £25 each. ' ILL-TREATING A HORSE. Harry ttarncs was charged with cruelly illtreating a horse by flogging it severely. SubInspector Phair conducted' tho case for theprosecution, and a number of witnesses were < called on both sides. His Worship entered i a conviction and fine of 40s:, and costs 215., i in default seven days' impi'ison'nient.