SUPREME COURT.

Hokitika Guardian, 21 September 1926, Page 3

SUPREME COURT.

SITTING AT HOKITIKA. < ] .MONDAY, SEPTEMBER 20. < Before His Honour Air Justice t Adams. 1 His Honour took bis scat at 10. JO | o’clock. i A DEFENDED CHARGE. ] Tho King v. Claud Robcrston, i charged with unlawful carnal know- ] lodge of a girl under HO veal’s, two ( charges of indecent assault and with f attempted cfirnul knowledge. Accused j pleaded not guilty. t Mr Park appeared for tho Crown , and Air McCarthy for the accused. -j AFTERNOON SITTING. t The Court resumed at 2.15 p.m. The evidence for the Crown was eon- v eluded and for the delence the defend- { , ant and a witness gave evidence. Mr AleCarthv addressed the Court, and was followed by Air Park. His Honor , then summing up briefly. 'I he Jury retired at 3.5 p.m. and returned at 3.55 p.m. with a verdict of “not f guilty” on all counts. The accused was t then discharged. j The common jurors were also discharged, this concluding the criminal business of the session. ‘ s ORIGINATING SUMMONS. n Application for an originating sum- c nion.s in the' estate of Eli Dove toi interpretation of the will. i Ah- Park appeared for the executor, j AY. T/. Dove. Alp Murdoch appeared for Annie Brown (niece) and ATr Pilkington for Phyllis Brown (adopted f daughter). t The question for the Court to decide t was the meaning of the will as it affected two legatees in regard to the .- term “moneys.” 1 After addresses by Afcssrs Murdoch j and Pilkington. in the course of which it was stated the suit- was a ■friendly one to decide the meaning of the will, His Honor answered in the affirmative the question whether two - war bonds included in the estate, valued at £2OO were included in “moil- , eys.” This meant that these bonds should be handed over to Annie Brown, one of the legatees. His Honor fixed tho cost to tbe executor according to scale and fixed the fee for each beneficiary at £S 8s and disbursements, to ( be paid out of the estate. UP FOR SENTENCE. AVilliam H. Smyth who had pleaded guilty to a charge of incest., came up for sentence. Air Joyce made an appeal on behalf of the accused, stating lie was 41 years of age. a native of . Queensland, he had been 21 years on tbe Coast, was married and had seven children, and until now had never got into trouble. He recognised that the crime was a serious one. but it was apparently bis only lapse. His Honor said tbe crime was of a serious character, affecting the sanctity of the home, mid corrupting the morals of his daughter and the community. He was unable to take a lenient view, as it was the first duty of the father to protect liis children. In view of the plea of guilty be would not make tbe penalty as high as lie might h»ve done, but the crime was a serious one, and could not be dealt, with lightly. He would be sentenced to five years’ imprisonment. . DIVORCE. Antonio Bonetti v. Alma R. Bonetti for dissolution of marriage. Air Alurdoeh fr petitioner, Mr Sellers for respondent. Owing to some, misunderstanding; the respondent "ill be unable to arrive from tbe North Island until to-night and the hearing was adiourned until AVednesdnv morning. CIVIL. S. F. Orr v. S. Yde. claim for £398 8s )Id. cartage of goods, goods sup- . plied and woijk and labour done. Air Alurdocli for plaintiff. Air AfoCarthv for defendant. Air McCarthy applied for an adjournment on the, grounds that there had i not been sufficient time to procure the i necessary evidence. The claim affected matters that took place three years ago v and it had been difficult to find the j necessary witnesses until Saturday last. His Honor said the defendant had been served five weeks ago and that should have been fully sufficient for his case. Air Murdoch said he regretted he had been unable to accede to the requeet-

by Counsel, for defendant, when he asked for an adjournment last Friday. He stated that the defendant had en--1 deavoured to tamper with a witness for the plaintiff and under tho circumstances he pressed the Court to allow tbe case to proceed. 1 His Honor said he was not prepared 2 to grant the request for an adjourn- * meut. He was not prepared to allow the case to stand over for a further six months. If the plaintiff was prepared to go on now ho thought they should do so. If the case was adjourned to ■ Christchurch it would involve the plain- ■ tiff in unnecessary expense. After further discussion the case was ordered to stand down till next morning. The Court then adjourned, ij TUESDAY, SEPTEMBER. 21st.. : His Honor took his scat at 10 a.m. IN DIVORCE. Charlotte Alary Barrett v. James Barrett for dissolution of marriage. Arc Alurdocli for petitioner; no appearance of respondent. Petitioner gave evidence that she was married on 28th Alay. 1900. and had lived in North Island. Now was living in South AA’estland. Had three children. On account of his excessive drinking she left her husband in December, 1921. In October, 1922, saw her husband and they agreed to part. She said she would never live with him again and they agreed to go their own ways, each to provide for themselves. Have not bad enquiries, or money from her husband . since. Archibald Barrett (youngest son) gave evidence in corroboration. His Honor granted a decree nisi to be made absolute after three months. ORR V. YDE. This case referred to yesterday, came up for. hearing. Air Alurdocli for plaintiff. Air AleCarthv for defendant. Air Alaearthy stated that in further comment on yesterday’s discussion bo proposed to deal with the question of facts and that if necessary the accounts could be examined. His Honor said it appeared that the defence set up a question of partnership. while some of the items were objected to. Mr .Murdoch could not agree to the proposal of counsel. He claimed it was only a question of contract. ATr Alurdocli led evidence as follows: Frank Janies Chapman deposed lie was a motor driver of Aickens. AVorkf'd for the plaintiff for about 12 months Rom November, 1922, driving a motor lorry for him. First started on the Diggers’ Sawmill contract and then went to Otirn. AY as working for Orr Bros., never for Orr and A’do in partnership. Did not know a writ was issued in August. Alet Mr Yde in Grcymouth 011 last Saturday week, in the Golden Eagle Hotel. At Elmer f.nno station saw Able get off the train. Able said: " Frank i want to see you. I have got n case coming off. It will be to your advantage not to appear.” As the train was moving off witness told Able he had better get on the train or he would lose it. Did not know then that plaintiff was looking for witness in this case. After leaving Ross, went to Otirn at the instruction of Ah’ Orr. At Otirn used n four ton Ley In nd lorry. Used two lorries on different occasions. On 23rd January, 1923. witness lifted a truck load of perishables at Arthur’s Pass consigned to Yde. In Hokitika previously had beard Able say to Orr that if he (Orr) would only send a lorry up to Arthurs Pass to carry goods, it would leave him 'Able) free to carry passengers and be of great use to him (Able). Able told witness that he (Yde) was getting from -Is to Gs per ewt. On 25th January went to Arthurs Pass and took a heavy load of perishables to Otira. AYitness banded in tho dockets. Tbe charges were extremely reason- [ able. The cost of tho upkeep of | the service was very expensive. ! At this stage bis Honor asked if it were not possible to simplify the pro- . ceedings to save going into detail of 1 the whole list of services and charges. | After discussion counsel agreed to j meet and look into tbe railway dockets I provided by counsel for defendant. j His Honor then adiourned tbe Court | for ball* an hour to enable the parties | to confer with a view to shorten the procedure. Tbe Court resumed at 11.40 a.m. ,

AH- McCarthy (counsel for defendant) ’stated that tho parties had come to an agreement anil asked that judgment lie given for the plaintiff bv consent. " Air Murdoch" stated that £250 had been agreed upon with costs ncooiding to scale.

His Honor said as it had been agreed, judgment would he c"-" bv consent -for £250 1 ’■ costs accoiding to scale, witnesses and disbursements to be fixed by the Registrar.

The Court then adjourned till 10 a.lll. next day. when a divorce case oi Bonetti v. Bonetti is sot down for hearing.