SUPREME COURT.

Dominion, Volume 2, Issue 280, 7 August 1909, Page 15

SUPREME COURT.

THE CUSTOMHOUSE QUAY AFFAIR, WAS CONSTABLE, GARDINER IN IT? Tho views of tho polico in regard to the conuction of William Joseph Gardiner, constable, on a charge of assaulting a woman in Customhouse Quay, were placed before their Honours', Justices Coopersand Chapman yesterday. Gai diner bad been convicted by Mi, W G.'Riddell.'SM,, and sentenced to 21 days' imprisonment with hard labour, on a chargo of having assaulted Florence ' Boatnco Rolfe Tho evidence taken in the Lower Court was that i Gardiner, and two ' othor constables, Watson, and Clay, wore indulging in horso-play in Customhouse yuay on tEe evening of May 10, and Mr. and Jilrs llolfo remonstrated with them. In tho proceedings ivhicb followed both Ml. ana Mrs "Rolto were severely handled, Gardiner appealed -against , thei M»gis- ' trato's decision on, tho ground tnap tneio was'no evidence to support tho conviction Appollont's compel, Mr. Skcrictt, K C„ and Mr 'Sharp(addressed the Court on 'Ihursday afternoon. J >K I. \ , .. , - .„,, Mr Myers, who appeared for the respondent, William John. Pharr, , sub-inspector of "police, submitted that the appeal cpuld succeed only if it weie. s,hown that there had been no evidence at all against Gardiner He contended that although tho evidence against Watson was -gi eater than that against Gardiner, both > were.inculpated M tho assiult'upon Mrs Rolfe. Mr Justice Coopor remarked that it was i - singular i that Gardiner, if his statements regarding the assault were true, should havo run'aw ay Ho stated that Rolfo wa? the 1 man who began the assault, and that Watson'was acting merely in t self-defence I hen ho denied piactically that ho was thoro at all " , Judgment was' reserved .. BRIDGE-BUILDING AT, DANNEVIRKE An appeal wa's hcatd before Ins Honour Mr Justice Cooper yesterday afternoon in the case of M'Williams and Andrews, contractors, 'v William George Hunter, sawmiller, both of„ DauncvirlvC. > Tho appellants had contracted to build bridges at 'DarinevirL.o, and tho respondent supplied timber , There was disputo as to the sizes of the timber supplied, and judg- , ment was obtained by tho 'respondent in tho Magistrate's Court at Datihovirlso against the appollants for £61 18s 8d , tho value of the timber supplied. Tho appeal was 1 lodged on tho Igrouds that tho magistrate drew" s, wrong conclusion from tho facts proved before him and that hu should havo allowed deductions for breach of warranty, Mr <A Blair appeared for tho appellants, T Young foi the respondent , , After hearing argument, his Honour docided to dismiss the appeal Ho rcteucd briefly to the fact 3 Ino timber which tho respondent had at his mill was of inferior 1 quality, and i\as sold at a reduced pneo. First-class totara at that time was worth from 21s. to 2/ii per MQ, 1 and this 'timber was disposed of for 10s" Respondent wished to get nd of the limber, and appellants desired to complete their Government contract <■ in tho cheapest possible way' ' Tho, specifications required that "sound heaifof totan ' should be put uito tho bridges, but appellants were content; to put into their job second-class totara" of a cheap description It was not sound oi he§ from flaws, but it was'such that at passed* thi e\es of a semiblind inspector. Appellants failed to put this'timber into one bridge on which thero 'was a moro competent inspector They complained that some of the timber was too ' short and some too long/ and they were charged for the timber actually sent If tho timber was too short or v too long or unsuitable appollants should havo rojectcd it 'Ihoj had not done,so, and wore bound to pay for it 'One lot>had J .been rejected, and an allowance made for it J "No complaint,was made until some after tho contnet h«d been in progress 1 Appollants had waived all rights to claim for tho short timbor by their acceptance -of it, and his H6nour could not therefore interfere with the decision of tho r magistrate Sev-eu guineas costs were allowed i K ' ' -