LAW REPORTS.

Dominion, Volume 7, Issue 2156, 23 May 1914, Page 14

LAW REPORTS.

SUPREME COURT. £2000 DAMAGES CLAIMED THE JURY DISAGREE.

The case in which Lucinda Caldwell sued tho Union Steam Ship Company, churning £2000 damages, tor the death of her husband, Thos. Caldwell, who mot witii a fatal accident whilst unloading cargo from the s.s. Maitai, on March 31, was concluded yesterday, before His Honour Mr. Justice Hosking, and a jury of twelve. For plaintiff Mr. A. Gray, K.C., with Mr. E. J. h'itzgibbon, appeared, and the defendant company was represented by Mr. T. M. Wilford and Mr. P. Levi. j The last witness called for the defence \was. Captain Stott, Marino Superintendent for the Union Steam Ship Company, wlio said that ho had never known ot a request for a sling refused. There was never a dearth of slings. It was common knowledge among seafaring men that they had to stand from under when a sling was going up. His Honour said that thero was a sort of common law of tho hold that men had to stand from under an ascending sling. It appeared that the .deceased stepped out. To Mr. C4ray: There was'no system lor tho regular inspection of slings by tho shoro staff, but it was a standing order that they should bo inspected on xr- T! A11 goar hacl to be inspected. His Plonour's summing up was exhaustive, occupying over two hours. Hie jury retired at 4.10 p.m. to consider tho following issues, which had been prepared:— ' (1) Did the compauy exercise due caro in permitting the use of tho sling in question? (2) Could tho deceased, by the oxorciso ot such care as he ought to have exercised under the circumstances, have avoided tho injury ho received? (3) AVhat damage (if any) is the plaintiff entitled to. recover? < When the jury had retired, Mr. Wilford mado an application to His Honour that ho should recall tho-jury, and direct them that thoy wore not entitled to hnd a verdict for a larger sum than £000, in accordance witii tho provisions .of the Workers' Compensation Act. and the amending Act of 1911. In' doing so ho said that lio did not expect that His Honour would take that course, .as' it was one which would have to be argued, and it might place tho plaintiff under some disadvantage il it was acceded to, but ho mado the application to preserve to tho defendant company their legal rights. Mr. Gray objected to this course, and said that it was not a matter for tho jury. Any points which might arise under the Act of 1011 would be open to Mr. Wilford later.'

His Honour declined to give tho diKnvtion, but made a note of it, thus allowiiiß Mr. Wilford an opportunity to prdtcct tho company if ho had tile legal [ riglit to, the point in doubt being. whether the ■ amending Act of 1911 made it impossible for more than £500 compensation to bo claimed. 'The jury returned at 8.2 2>.m., and the foreman intimated that they had not (been able to agree. He said that eight were agreed on the first issue, and , nine on the second issue. ' His Honour said that ho could accept a three-fourths verdict after three hours. The foreman said that he did notthink it was possible to arrive at that on all the issues. His Honour requested tho jury to retire for a further ten minutes, to make the legal four hours' consideration, which was necessary before they could be discharged. At the expiry of that timo the jury returned, with the same answer as returned before, and woro discharged. On the request of Mr. Fitzgibbon, His Honour allowed an application for a re-trial, to bo held over,till a later date.

MAGISTRATE'S COURT

THEFT FROM HIS OWN HOME. YOUTH IN TROUBLE. At the Magistrate's Court yestordav, before Mr. 1). G. A. Cooper, S.AI., James W. O'Donoghoo pleaded guilty to a charge 'of theft of a marble clock, valued at £6, the property of H. O'Donoghoo. Chief-Dctectivo Broberg stated that the case was an unusual one—ono brother was the owner of the-clock, and the other was accused. Accused resided with liis aged mother and other members of tho family at Khaudallah. On April 18 accused took the clock and sold it in-a city second-hand dealer's shop for £1. Some three 3'ears ago accused's father died, and, sinco then, he had been a great annoyance to his mother. He had repeatedly stolen articles and money from the home, and, on ; each occasion when Court' proceedings -were' to follow, the mother had at tho last minuto cancelled action, in the hope that her son would reform. Accused was only ISJ- years of age, and, concluded the detective, "if something is not done, 1 am sure that tho accused will havo a career of crinio in front of him."

In entering a conviction and orderinnhim to come up for .sentence when calP ed on, the Magistrate remarked that he hoped that the accused would lead a better life in future.

FALSE PRETENCES. John Durican Moore, who had apparfallen on hard times, appeared in the dock to.answer a charge of obtaining board and lodging to tho value of £3 19s. 6d., from Robert Hunt, by means of false pretences. Proceedings in tho case disclosed that Jlooro came to Wellington and put up at tho Pier Hotel, where ho obtained credit on account of his statement that ho,was representing the Kauri Timber Company, of Auckland. 1 After staying at tho hotel for a fow days over a week, he quietly left, but was subsequently arrested. Mr. P. W. Jackson, who appeared for accused stated that his client had worked for tho Kauri Timber Company for 17 years, but had left the company's employment some six years ago. Accused was fined £5, in default 14 days' imprisonment. He was also ordored to pay the sum of £3 19s. Gd. to the hotelkeeper. THE UNDER WORLD. Daisy Sirnmelhag was deemed to bo au incorrigible rogue, in that she consorted with persons of ill fame, and had been convicted of being an idle and disorderly person and a roguo and a vagabond. She was sentenced to six months' imprisonment. Annie Maud Sales was charged with behig a rogue and a vagabond in that she consorted with persons of ill lame and had been convicted of being an idlo and disorderly person. Accused pleaded not guilty, but, after polico evidence had been called, she was convicted and sent to gaol for a period of six months. Ma y Sidon, who was represented by Mr. P. Jackson, was sent to gaol .for ono month on a charge of being" an idlo and disorderly person, who 'consorted with persons of ill fame. On a charge of luring an idle and disorderly person, Theresa Russell was remanded (upon the amplication of her

counsel, Mr. P. \Y. Jackson) ■ until May 27.

PAIR OF UNDESIRABLES. On Thursday afternoon, John Black and Michael Kelly entered tlio Princn ol Wales Hotel. Soon after they had gone the proprietor was informed that i.laek had stolen a bottlo of whisky. A constable was secured; and Black "and Kelly wero arrested and charged with the theft. Both accused appeared in tho Court yesterday and pleaded not guilty to a charge- of stealing; liquor. valued at 55., thp property "of Johii O'Brien. Both were further charged with being idle and disorderly persons, nnd, to this charge, they also pleaded not guilty. In respect to a charge of theffj of a razor and case: rained at 10s., the property of some- person un. known, Black again pleaded not guilty. Evidence as to the first charge was to .tho effect that Black had been seen taking tho bottlo of whisky. Kcllv had said, "Put it back," but notwithstanding this Black had placed it behind Kelly on tho (loor of tlio bar, Detective-Sergeant Cassolis gavo evidonco as to tho second charge, and stated that Jio l£ad repeatedly Been tho accused with reputed, thieves. Eehad warned Kelly, but not Black. In regard to tho third charge, Constable Wilson stated that, tho "razor in question had been found in Black's possession, and ho had faileS to give suiheieht reason as to where he secured it. On the first charge each accused was sent to gaol for seven days;; on the second charge each was sentenced to threo months' imprisonment. On tho third charge. Black was sentenced to an additional seven days in gaol During tlio courso of' tho case, Black denied having stolen the razor, and wished to know why tho police- had not proved the charge of theft. Ho was prepared to go into the box and swear that he had purchased it from a man named Williamson in Christchurch. His Worship, to Black: It's no vUSo you going into tlio bos; yott would only commit perjury. BY-LAWGASEB. For riding a mot-or-cyclo without a registration mark, Jacob Meier was lined fls., and court costs 7s. Harold Andrews w;is iiued as., with costs 75., for leaving n, horse and dray unattended. On a charge of leaving tlio samo 've-hicio in a- public street its night without lights ho was lined a similar amount. For driving a motor-car through tho Hutt Borough at an excessive rats of speed, Leslie John Earl Short was fined 10s., with costs 17s. (Id. Daniel M'GonagJe, who. drove- a rehiclo at night without lights, was fined os., and costs 7s. For leaving a motor-car standing in a public thoroughfare without- lights, Charles John Norwood was fined Is., andcosts 7s. Douglas.Wilkins and Joha Williams wore fined 55., with costs 75,, for driving carts at night without lights. James Malcolm May, who failed to comply with a drainage notice, was fined 55., with costs 7s. Tho following, owners of wandering stock wero fined 55., with court costs 7s.:—Charles Russoli (tftrce- charges), Alexander Sammons (two charges), Frank Wills, R. Alexander, J. Olsenj S. Boulton' (two charges), W. Galloway, J. Gestro, D. Ureig, and A. Rolston."

THREATENING BKHAVIOTJK. James Baton was convicted and discharged for using threatening behaviour in. a city hotel. INSOBRIETY. . For insobriety, William Tearo and Andrew Williamson wero each fitted 10s. Two first oll'endcrs were convicted: and discharged