SUPREME COURT

Dominion, Volume 10, Issue 3014, 27 February 1917, Page 9

SUPREME COURT

MOLESWORTH STREET CASE HENDERSON FINED £5 . Having considered the verdict o£ the jury in the case of Charles Henderson, charged with assaulting William Fitzgerald, His Honour Mr. Justice Chapraaa stated in the Supreme Court yesterday that the finding was perfectly clear, and that there was no neceesity to refer to the Court of Appeal. The verdict, he continued, was an unequivocal verdict of guilty on the count of common assault. It was the result of very careful consideration, and any other verdict based on Henderson's evidence would have been wrong in law. The jury did not find that the assaiilt was justified, but that there was sufficient provocation for it. The added paragraph of the verdict was intended to make it clear that the jury did not regard the case as one in whioh such punishment should bo received as would bo appropriate to an unprovoked <i6sault. The prisoner must bo punished. The aesault had been extended far beyond the exigencies of the case. Henderson was ordered to pay a fine of £5, within the space of a fortnight. . 'AN APPEAL CASE. His Honour Mr. Justice Hosking heard an appeal from a recent decision of Mr. W< G. Biddell, S.M. In the Magistrate's Court, T. and W. Young and Co. proceeded against the master and owners of an oversea liner, for which Dalgoty and Co., Ltd., are the local agents, claiming £lSi is. in respect of damage to two motor-cars, portion of a shipment being delivered to plaintiffs by defendants. After hearing evidence, the Magistrate gave judgmont for. plaintiffs for £11$ 16s) ,sd. Against this decision appeal was made. Tlio point &i issue was one entirely as to the_ liability of the ship under certain epeoial conditions, and His Honour heard legal argument on the Question. Mr. A. W. Blair appeared for appellants, and Mr. T. Young for the respondents. His. Honour reserved his decision. IN DIVORCE. DECREE GRANTED. In the Divorce Court on Saturday, before Mr. Justice Chapman and a jury of twelve,- the hearing commenced in the case of John Henry Pearson,. a blacksmith's striker at Petone, represented by Mr. T. M. Wilford, for the dissolution of his marriage with Dorothy Pearson, for whom' Mr. T). M. Findlay appeared. Harry Wiggins was named as corespondent, and was represented by Mr. B. Kennedy.' The. cross-examination of the petitioner had not concluded when 'the Court adjourned at 1 p.m. When tie case came before the Court yesterday morning, it was intimated that the defence had , been withdrawn. The jury returned a verdict in accordance, with the petition, which alleged adultery on the part of the respondent and th« co-respondent. His Honpnr granted a decree nisi, to beconio absolute in three months. Costs on the higher scale were allowed against the co-respondent. •