WESTLAND SUPREME COURT.

Hokitika Guardian, 1 April 1921, Page 3

WESTLAND SUPREME COURT.

SITTINGS AT HOKITIKA

THURSDAY, MARCH 31st

(Before his Honour, Mr Justice

Herdman)

AFTERNOON SITTING

The Court resumed at, 2 p.m. CHARGE OF THEFT

Isabella Agnes Muir was charged with theft of £lB the property of Hannah Maria Hall, and further with theft of £ls (a £lO note a £5 note) and a cheque for £3, the property of the same person. The accused pleaded “not guilty”. Mr j Hannan appeared for the Crown and Mr J. A. Murdoch for the accused. The following jury was empanelled— M. H. Houston, F. T. Willoughby, J. \ Kidd. P. Millett, W. Millner, H. Smith, T. Moynihan, C. Pfahlert, C. W. Stoop. A. Brooks, O. Robinson, O. ,T. Fowler. Mr M. Houston was chosen foreman.

After the evidence for the • defence was finished—

Mr Murdoch addressed the jury. He said there was no fact so outstanding as that on the first occasion that she was told that £lB had been lost that she had stated that she had found the money. Mr Hannan then addressed on behalf of the Crown.

His Honour then summed up. The question they had to decide was did the accused steal this money. If she had reasonable knowledge of the owner of the money, did she take reasonable steps to hand over the money. Were they going to believe Mrs Hall or the girl. The money was lost and the loss was made known, ten minutes after the accused had found it, and she said nothing. They had to consider if the girl had reasonable knowledge that the owner could be found. 11 ben the money was found at the back door there was a. £3 cheque, wliiclr had been mislaid or destroyed. If she was an innocent person why did she not pay ovei tlie £lO note and the Co note. The question for the jury to decide "as whether she had committed the crime of theft. The jury retired at 3.55 p.m. to consider their verdict. The jury returned at 4.20 p.m. with a verdict of “Not Guilty” and the defendant was discharged. IN DIVORCE. Ellen Broadbent v. Harry Brondbent Mr Murdoch for applicant; petition for divorce. Ellen Broadbent gave evidence that she was the wife of Harry Broadbent. Was married at St John’s Church on 12th November 1907. Lived with her husband at Bimu. Mntakitnki, B unfa pi i and Rnnanga. The issue was Hiree children. About 13th dune 1011 her husband deserted, going away against her will. They were then living at Rnnanga and slm bad not beard from him since. He bad enlisted and was sent back as a disciplinary case and since then bad deserted and the authorities could not find him. Sergt McCarthy gave evidence that lie bad made the affidavit (produced), which was correct.

11 is Honour made the order for do- i eree nisi to be made absolute in throe months, the petitioner to have the custody of the children, with costs on the lower scale. IN bankruptcy. Charles Henry Duncan (Mr Sellers) application for discharge. After hearing counsel and applicant the discharge was granted. William Henry Batson (Mr Sellers), application for discharge. After hearing applicant, the application was granted. \ FINE REMITTED. E. A. Appleton appeared in connection with his failure to attend as a grand juror. It was stated that the notice had been served on the son instead of himself. His Honour accepted the explanation and remitted tho fine. FRIDAY, APRIL Ist. The Court proceeded with the hearing of the ease of Kapiton Dredging Coy. v. the King (reported in another column). At noon, Counsel in the ease of H. II Smith v. Whiley and Whiley, agreed for the ease to he heard by his Honor without n j'Urv, and all waiting jurors were discharged. His Honor set the hearing of the ease down for next morning at 10 o’clock.

afternoon sitting

The Court resumed at 2 p.m. PETITION OF RIGHT. (Continued from Page lA

After further discussion, -iis Honoi said he would reserve the point. Air Park then opened briefly stat- ■ ing. the Crown held that the damage was done by a Hood, pure and simple. Alexander Chesney deposed he was j meteorological officer reported by the Government at Hokitika. On the 24th. to !) a.m. on 25th.. the rainfall was 2.81 inches; for the period outling 9 a.m. on the 20th. was 8.10 inches; for the < period ending 9 a.m. on 29th was 2.3(5 [ inches. He reported to the Department | that the rainfall on the 25th. was t.ie highest in memory. The rainfall b the three days was 13.32 inches. To Air Kitchinghnm Between 10 a.m. and 1.30 p.m. he thought Lie rain was the heaviest on Anzac Day. The heaviest previous rainfall was 0.8 inches some twelve years ago. It was an incessant downpour on Anzac Day. It' .rainfall on April 14th., 1900 was 5.21 • indies on 21st. July, 1910 5.04 ins., j October 26th., 1917, 5.42 ins; January 18th., 1918, 5.33 ins.; August 2nd., 1920, 5.27 ins. ! James Douglas Gillies deposed he ' was Resident Engineer at (ireymouth. | With 35ft. x. 3ft. opening, 550 heads would he flowing, from the dam. He j considered that about 250 heads would go out of the gates in the condition they were. The normal water in the creek was about 10 heads, but in flood time there would he thousands of heads. Could not say how long it would take for water from the - dam to reach the dredge. Down at the ; dredge there would he a considerable (flood, with a heavy downpour. Taking tho area of water at the dredge as * stated at 31 chains, with a rise of 6ft. ‘equal to 1380 sq feet wjlile the art a

of water escaping at the by-wash "as 68 sq. feet. In the vicinity of the largo and small reservoir there was no sign of extreme flood. It was only in the lower regions that there was any extreme flood. The tributaries of the Kaputea were in high flood on that day and motor traffic on the main road was blocked. In reference to the breaking away of the dam where the dredge was lie* thought the breaking away of the gates of the by-wash would not account -for same because the escape of water did no damage to two road bridges situated only 4 or 5 chains fioin tlie big dam, and did no damage to the two roads where the bridges were situated. The escape of this water was more likely to do harm when travelling down a narrow channel such as exists from the dam a considerable distance down tlie creek, than when travelling over a wide expanse of creek bed in which the dredge was situated. There was a large flood in the Little Kapitea that day that damaged the road bridge. There was flood damage reported all over Westland that day. To Mr Joyce— He visited the big dam for the first time for years two clays ago. The structure at the by-wash was practically gone, and was in very poor order. (Left sitting.)