DOMINION ITEMS.

Hokitika Guardian, 8 May 1923, Page 1

DOMINION ITEMS.

[by TELEGRAPH —rER TRESS ASSOCIATION.] A JUDGE’S CENSURES. WELLINGTON. May 5. The decision of Mr Justice Saimoml in regard to a motion for a new trial in the case of John Thomas Conway against the Noucliatet Asphalt Coy.. Ltd. was delivered in the Supreme Court. The motion was on the ground of alleged misconduct of the jury. The misconduct alleged and proved said His Honour, was that at the close of the first day’s hearing three members of the jury, after leaving the Court called before them a witness named Steel who had given evidence for the plaintiff, and obtained from him further information relative to the case. That such conduct oil the part of the jury amounted to serious misconduct could not lie doubted, and jurors ought to know, said His Honour, and presumably did know, that they had no right to seek information out of the Court. With reference to the ease before them their business and duty was to hearken to the evidence given publicly.in the Court, and give a true verdict accordingly. After reviewing the ease at some length His Honour said it was a matter'Vor regret that either jurors or witnesses should have so far forgotten their duty ns to communicate with each other at all. but it was to be remembered that plaintiff bad been in no way a party to any such misconduct, and it was not consistent with justice or public policy that an innocent litigant should be penalised and put to the expense of a now* trial by reason of misconduct of others, unless there was sufficient ground to suspect that the result of the first trial might have been induced by that misconduct. The motion was dismissed.

A FATAL ENDING. BLENHEIM, May In connection with the charge of procuring abortion against Richard Tlollis and Thomas Viggars, the girl died this morning. An inquest was opened and adjourned for a week. TRADE COMMISSION. WELCOMED AT WELLINGTON. WELLINGTON. May 7. A welcome was extended to Mr Elmslie. H.M. Trade Commissioner, by the N.Z. Association and British manufacturers’ agents. Mr Downio Stewart, who was present by invitation, said in the course of his speech, that the Government '.as doing the best it could on the question of Imperial preference and trade with Germany. He stated that figures placed before him in connection with the new preference granted to Britain ill the 1021 tarilf showed that considerable benefit had accrued to British trade as a result of the extended preference.

Mr Elmslie. replying, said everywhere they had been oilcred assistance and co-operation, and lie never had any doubts about New Zealand patriotism, but was amazed at the strong lading manifested Hint the Dominion would heartily co-operate in the advancement of British and Empire trade. SUPREME COURT. AHA UR.Y RESIDENT ACQUITTED. (TIEdSTCHURCH, May 7. At the Supreme Court criminal sessions to-day Albert I Narco Whitehead was acquitted on a charge ot committing an offence against his daughter at Aliaura, West Const. The Jury added n rider Hint they considered there was no stain on the character ol accused.

George Evans was found guilty ol issuing valueless cheques. Sentence was deferred.

I'!most James Abernethy ami Sydney Loose were found guilty of stealing jewellery valued nl £-518, mid sentence was also deferred. Cyril Walden and Norman Wilson, found guilty of theft from a dwelling, were remanded tor sentence. GitAMOI’HOXK RECORD CASE. AVELUNGTOX. May 7. Important questions raised through a similarity of trade marks, including the contention that articles were not prohibited from coining into the count r v so long as they bore the name of the country of origin, and an opposite contention that through similarity of trade marks rights of one company were being infringed in New Zealand by another company, having the same trade mark, but not registered in New Zealand—were argued before Mr Page S.M.. at the Magistrate's Court.

The proceedings were taken under section 2T9 of the Customs Act. 191 .'3. for condemnation of a “Victor” record manufactured by the Victor Talking Machine Company, America, and imported into New Zealand by Air AA . B. Atcllveney, Inspector of Police, in his private capacity. The Collector ol Customs had declared that the record in question should he forfeited for the reason that it infringed the rights in New Zealand held hv the Gramophone Company, London, who were manufacturers of records known as “Hi.s Afaster’s Voice”. On both “Victor” and “His Master’s Voice” records there is a trade mark depicting a dog •listening to a gramophone, and on both there are also the words: “His Master's Voice.” •

The declaration of forfeiture by the Collector of Customs was contested by Air AFcTlveney, and therefore summonses were issued to interested parties to argue the matter. Air J. J. .McGrath appeared for Afr AA. AfcTlveney in opposition to the condemnation, and Afr J. Prendeville, Crown Law Office, for the Collector r.f Costoms. Afr A Ivors, K.C.. and with him Afr F. O'Leary appeared for the Gramophone Company. London. After argument the Afngistrate said that he would take time to consider the matter.

WIXG.VITI AT>I>IVES. CTIR TSTCFTPRCIf. Afav 7. The s.p. AVingatui arrived in Lyttelton shortly after ■! p.m. to-day. The vessel is undamaged except that her engines have had a good shaking. The after hold was not flooded as was reported. this measure being kept as a last resource. Contain Paul was thirty-two hours on the bridge. No seas have been slopped as the vessel was too high put of the water for that. About 7.30 p.m.. on Sunday, the Captain gave orders to prepare the boats for anv emergency, until the dangei was over. It was impossible for the crew to lie or even sit down so badly was the vessel being tossed about. The ship's company speak in high praise ot Captain Paul’s seamanship. _