DOMINION ITEMS.

Hokitika Guardian, 14 July 1926, Page 3

DOMINION ITEMS.

[bv telegraph—per press association. APPEAL COURT DECISION. WELLINGTON, July 14. The Appeal Court to-day heard f case stated by Justice Ilerdman undei Section 442 of the Crimes Act, 1908. On April 13, Edward Patrick Brogan was tried on two charges of assault and the jury brought in a verdict of guilty of common assault in provocation. His Counsel contended that this was a verdict of not guilty on both charges or alternatively that the verdict was too inconclusive to be one or tbe other. The decision of the Appeal Court was that the verdict was one of guilty of common assault. Provocation was not a defence but it might be a justification when the question ol penalty was considered.

THEFT CHARGE. OAMARU, July 14. Before Air Bundle, K.. M.. this morning. George Harris, a ship's steward, who had been in the Dominion for eight weeks, was charged with theft of a large quantity of goods from weekend cribs at Gemmel’s Crossing valued at about £7. His Worship said it seemed the accused was of weak mentality. On one charge he was ordered to come up for sentence in twelve months and on the others was admitted to probation for twelve months. Georgina Hodgkinson, married, of Alina, was charged with receiving stolen goods from Harris, and was admitted to probation for twelve months. An application for the suppression of tbe name was refused, his A' orship stating whenever there was a conviction, it must react on some relatives, near or distant, and lie could not take a husband’s ill-health as a ground, for the suppression of tho name of the accused. AUSTRALIAN WINE. WELLINGTON, July 12. Interviewed to-dav regarding Australian wine imported into New Zealand, the Minister for Customs, Mr AY. Downie Stewart, stated:— -

“Some time ago it was pointed out o tlie New Zealand Government that he Australian Government was grantng a bounty of As per gallon on for tiled wine containing not less than 3-1 >er cent, of proof spirit', exported from he Commonwealth. It was recognised hat payment of such a bounty on line exported to New Zealand, by iiillifying the import duty arranged index* the reciprocal tariff agreement ,’ith Australia, virtually amounted to nfair competition with our own wine udustry. “The matter has been the subject of egotiations between the two CJovcrnients, and the Commonwealth Governlent has now decided that in future his bounty will not bo paid on wine xported to New Zealand, except on refers which have already been placed )r shipments to New Zealand.” STRANGE WILL CASE. WELLINGTON, July 12. The Court of Appeal is dealing with n interpretation of a will which was lade oil June 18th.. 1923, by Wilam Brant Vater Pearce, deceased. I'earco was a farmer on a large scale in the Mannwatu district, and owned 9041 aerse in the Auckland district, as welli as 410 acres in the Wairarapn On the Auckland properly are stock and chattels valued at £11.203 14s Pearce, by his will, devised 207 acres in the Wellington district to .Robert B. Simpson, his manager, and the Auckland property, with stock and chattels, to his nephews, Frank Kenneth Pearce and Alan Pearce, in equal shares.

In March of this year the nephews gave notice that they refused to accept the land in gift, but accepted the stock and chattels.

The question arose as to whether a gift can he accepted in part and rejected for the part.

An originating summons was issued for the hearing at the Supreme Court at Palmerston North before Air Justice Alpers. The parties agreed to remove the case direct to the Court of Appeal, and the matter is now before the Court to decide whether a gift must he either accepted or rejected in its entirety, or whether it can ho accepted as far as personality on land is concerned and rejected as far as to the land itself. The question to he argued involves a matter of some £70,000. Decision was reserved.

INFLUENZA. AIARTOX, July U. The influenza in a mild form is seriously reducing the attendance at the local schools. A hundred and twenty were absent from the High School representing twenty-live per cent of (he total roll. Adult cases are numerous. NELSON. July 14.

Nelson has not been affected by the influenza epidemic. The usual v.intei colds are fairly prevalent. The school* attendance are normal. One fatal ea:u ft pneumonic-influenza patient died three days after arrival from Christchurch.

FAMOUS ESTATE SOLD. AI AD TON, July 14

Part of the i’uncus Overtoil estate was auctioned yesterday and realised approximately £29 an ’ acre, the first sale of any importance in this district for four yours.

THE FARMERS’ UNION. MARTON, July 14

The Marton branch of tho Farmers’ Union yesterday resolutioned against the Summer Time Bill and decided to ask the Hon. Newman to oppose the measure when before the Upper House. The meeting also objected to the selection of the Agricultural College site alleging tl ht too much importance was being paid to the dairying industry in matter of selection. «

A CORONER’S REMARKS. TAUM.ARUNUT, July U. At the inquest on a female Maori child, Tame Wareiui, aged 11 months, who died at Kaitepeka, Coroner A. S. Laird said the Government were doing all in its power to preserve and improve the Maori people, who .should take advantage of medical and nursing assistance provided. Neither infants nor adults should be allowed to dio through lack of medicine or attention. Pakehns guilty of neglect were punished and natives certainly would be held to account in the near future if the occasion warranted it. These remarks were made, he said, localise the actual parent though knowing his child was ill, left it to foster or"adopted parents to provide proper assistance. The inquest was adjourned sine die.

COINING MOULDS. AUCKLAND. July 12. A charge of unlawfully having in his ■ possession a number of moulds intended for making a resemblance of current coin was preferred against Raymond Francis Woodley Grigs, nged 30, (Mr Sullivan) in the Police Court In asking for a remand until Monday Senior-Detective Hammond said the accuse® was before the Court on Saturday on a charge of breaking ..ml entering the shop of Hobirt George Brown ,and stealing cigarettes and toilet requisites valued at £li Is > He had been remanded until next Monday on "that cliar go. Mr Povnton granted the remnnd. In asking for bail, counsel said it

had already been fixed at £2OO, and be asked tho Magistrate not to in- , crease it very mueb. “Why, this man had black hair a week ago, and nmv he is lair ard fresh,” said the Senior-Detective, turning round to the accused. “lie has bolted from us once.” The Magistrate increased the hail to £3OO. SERAIO.XS OX GAM RUNG. AUCKLAXD, July 12. The Dev Lionel B. Fletcher last night expressed the view that while many employers cheat workers out of wages the latter cheat themselves through gambling and drink. Almost daily iniquitous land prices and big rings controlling vital commodities made him think of the tremendous poverty and want. That was why he hated surprise packets. “ I would to God the Y.W.C.A. had rather starved or gone bankrupt than touch a penny made hv such means,” he said. “I saw poverty-stricken women caught in tho gambling maelstrom spending on fooling packets what should have gone on food and clothing for the children.” To the girls Mr Fletcher said. “If yon can’t go into society without playing cards for money let society go to the devil,” and to tho boys that they should he able to lake an interest in sport without hacking it with hard-earned money, as gambling utterly blasted sport and was ' pulling out the nation’s very foundations. On the other hand the Dev. Jasper I Calder’s address dealt with the “ hvs- ( tcrical outbursts of church extremists,” concerning raising funds for charity by surprise packets. “ Tfow people uho have passed the sixth standard can compare a surprise packet or bran > tub with a sharper or a racecourse * trickster I don’t know,” lie said. “The instinct t’o take a chance is characteristic of tho Anglo-Saxon and led to deeds of bravery recorded in history. The element of chance decided which New Zealanders in ballots stayed at ■ home and which became cannon fodder. 11l placing insurance one guarded against chance. The bookmaker was only sent to gaol because lie betted m a different way from the Government on the totalisator. The law is an ass and a drunken motorist who narrowly avoids running down a child in the street escapes with a fine.” Air C alder anally asserted that not a hundred “ aeople in any year could honestly •laini that their downfall was due to 'ambling. 0 ]

OYSTERS. AUCKLAND, July 14. Some of the oysters sold in Auclcland this season have been of a dark colour and very watery with poor bodies. The Chief Inspector of Fisheries (Mr L. Ayson) gave an assurance to-day that the oysters were pcrfecly healthy. Their undernourished condition points to some unfavourable biological for oysters and mussels taken from Coromandel. AYailiek'i and Great Barrier. Mr Ayson had never known this to happen in 2(5 years, though there was not the slightest sign of the disease that had been taking place in Australia. with the same oyster. The three Gulf beds mentioned have been' closed down, ami the season elsewhere is to he shortened. Kawau and Mahiirangi oysters are in the best condition for 20 years.

COMMITTED FOB SENTENCE. TIM A DU, duly 11. At the Magistrate’s Court, Mason Tcraki, a Maori, pleaded guilty m rt charge of breaking and entering vitli intent to commit a crime and was committed to the Supreme Court, Ti Uluru for sentence. A substantial hail was fixed. THEFT' CHARGE. WELLINGTON, July 14. At the Auckland Police Court, David William Cutler Cooper, 22, was charged with forging the name of W. E. Baines to a Post Office withdrawal slip for three hundred pounds. He was remanded till July 13th. Tho accused arrived from Sydney yesterday escorted from Melbourne, where he was arrested on warrant.