LAW REPORTS

Dominion, Volume 8, Issue 2317, 26 November 1914, Page 9

LAW REPORTS

SUPREME COURT '

FIVE PRISONERS SENTENCED "TREATED MERCIFULLY" Five prisoners, who stood convicted of various offences, were brought before His Honour tbo. Chief Justice (Sir Robert Stout) for sentence in the Supreme Court .vestal day'morning. Mr. H. .H. Ostler, of the Crown Law Office, repre : sented tho Crown. . :f The young man, James Vipond Millican, who had been found guilty*"last week on six charges of false pretences, and who had been remanded in order that His Honour might specially consider his case, was first to appear. His Honour said that although there was something behind the'' trouble, which he would not make public, it did not concern tho prisoner's partner, whom the prisoner had apparently treated as badly as tho people from whom ho had obtained money. His Honour had made up his mind to adopt a rather unusual course in dealing with the prisoner, and the jiase would be further adjourned until May next. If in the meantime the prisoner made restitution', and lived a good life, he would probably, hear nothing more about the trouble.

There was a previous conviction (in 1908) against an elderly man. named John Ford, who had pleaded guilty in the Lower Court on November 6 to a charge of forgery. His Honour pass-ed-a sentence of six. months'c imprisonment with-hard , labour. ,

In tho case of Thomas Robinson, nineteen years of age, who had been convicted on November 11 on a.charge of forgery at' Wellington, the Probation Officer's report was favourable. His Honour-warned tho prisoner that if he came before tho Court again he would find himself in serious trouble. On the present occasion he would be admitted to piobation for a period of twelve months, subject to the condition that he'should be of good behaviour, that he should comply with the usual conditions of the First Offenders' Probation Act, and that he should Mefund a. balance of £5 (the proceeds of his crime), and pay a further sum of £2 Bs. (costs of prosecution) by monthly instalment's of £1. ■ . ■ .

Robert Phair, who had to answer four charges of broaking, entering, and theft, and receiving stolen goode at Hastings, was represented by Mr. H. P. O'Leary. Tho latter asked that lenient treatment should be extended to the accused.

His Honour was of opinion that the best .method of dealing with the prisoner would be. to send him to\ the Inebriates' Home at Roto Eoa Lsjand, and an order was made that Phair should be detained' in that institution for a period of nine months. Two charges of breaking and entering and theft, and a further charge ,of common theft were the cause of a young man, named William Christopher Dickson, . appearing in. the dock. "" He had been committed for; sentence by tlie Justices at Oh'akune on.November-16.

Iu view of tho prisoner's youth, the fact that nothing waa previously, known' against him, and that he had ; pleaded guilty, His Honour. j,OQk..^ej)ifiis ( view of tho case. •Dickson;"*atf 'fieriteiced to four months' imprisonment with hard labour, ' ■ ... '"' CIVIL , BUSINESS, > .DAMAGES AGAINST THE CITY CORPORATION. 'A claim for.damages, arising out of a motor-car accident in the City in the early'morning of April 22 last, was heard in the Supreme Court yesterday before His Honour. Mr. Justice Edwards and a common jury of; four. The plaintiff in the action was Daisy Elizabeth Platts-Mills, medical practitioner, of Wellington, and the defendant was the Wellington City Corporation. Mr.' 0. P. Skerrett, K.C., with him Mr. GV ' Samuel, > appeared for the plaintiff, wliile the City Solicitor-(Mr. J. O'Shea) appeared for the Corporation. Sir.- Skerrett, in.opening, stated thaton the morning of April 22, Dr. PlattsMills received an urgent call to Thorndon.- Sho was proceeding along Custom- .: house Quay at 2 a.m. at a speed of twelve miles per hour, and, when opposite the premises, of Messrs. W. and G. Turnbull,' her car_ collided with, a tramway pole in the middle of the roadway.. The car was seriously damaged, ' and Dr. Platte-Mills herself sustained injuries and'a ehock. The morning was fairly dark, with a southerly wind-and rain, and Dr. Platts-Mills, who was a oareful driver, had-the glass. screen in front of the car down. There were two regulation lamps in front'of the car, :_ but the big head lamps were not alight. ' The only lights in the locality were ''. an are lamp on the Harbour Board's ' W shed, and a small street lampat the corner of Johnston Street. The question for the jury was: Whether the system .that existed at the time of the accident wao a menace and a trap to people making use of the roadway? The claim was'for £307 125..1 id. Evidence wae called to show that ae a lesult of.the accident, Dr. PlattsMills sustained several bruises, a severe shock, and nerve trouble. She had • subsequently; to undergo two opetaitions- for - ailments arising from the _: accident, and.her practice had fallen !, away considerably during the three months following the accident. Repairs to her motor-car had cost over £30. .The City Solicitor, in opening the defence,' said that" at the time of the accident (in the particular locality) the street lamp (50 candle power) in Johnston Street wae alight. Plaintiff was in the habit of going about the streets 'of Wellington in her car, she knew tlieee posts were' there, and she ■ had the means (head lights on her owk car), of guarding against accident. -The City, Council had statutory authority to place the poles in the street and to guard against accident up till 12 o'clock at night there. were the track Kijhte. Plaintiff had not taken the trouble to licjht her acetylene lamps, and in going about without them was guilty of nealigence. Medical evidence would be called to slow that plaintiff's operation was not rendered necessary by the accident at all, and.her case must fail by reason v of the fact that ehe attended .to lier work for some time after the accident. Medical witnesses called by. the City Solicitor etated that plaintiff's condir tion at the present time was fairly normal. There were no conditions of shock. Othef witnesses gavo evidence as to the position of the poles, and the conditions under which the streets wore lighted. ' The jury Tetired at 4.20 p.m., and after considering the case,for half an hour, returned with a verdict for the plaintiff for SlOl 12s. lid. Judgment was accordingly entered for the-plaintiff for the amount assessed, togoth'er with costs according to ecalo, feft for second counsel, witnesses' ex-, pen sea and disbursements. Leave was reserved to the defendant corporation to move within ten days for nonsuit, or for judgment for the defendant, or for a new trial.

A GAS ENGINE AND PLANT. His Honour tne Chief Justice (Sir Robert Stout) was occupied , with the hearing of a civil action, John Eli Ellis v. Stevens and Co., a claim for £450 damages. Mr. C. B. Morison, K.C., with him Mr. P. B. Cooke, appeared for Ellis, while Mr. A. Gray, JK.C, with

him Mr. R. Kennedy, appeared for the defendants.

From the statement of claim, it appeared that in Novomber, 1913, Bins had) purchased a gas engine and plant from the defendants; the price to bo £235, Of this sum Ellis had paid £150. He now alleged that the plant was incapable of producing 17 brake horse power (as guaranteed), and he therefore claimed -tho sum of £450, made up of £300 damages "for loss of business and expense of substituting other, power, and £150 refund of • purchase money paid. -, For the defence it was said that the engine' and- plant' were capable tf producing 17 brake horse powor, and that any guarantee or warranty related to the Capacity of the engine only if it were properly erected, and worked. It was denied that Ellis had suffered any lose or .daniage by reason of any omission on the part of the defendants, who counter-claimed for £85, the balance of the purchase money. .The case had not concluded when the Court adjourned last evening, and the further hearing will be continued at 9.30 a.m. to-day.