THE COURTS.

Press, Volume LI, Issue 15453, 4 December 1915, Page 5

THE COURTS.

' SUPBEME COUKT: I CIVIL SITTINGS. (Before his Honour Mr Justice Denniston.) DEFECTIVE FLOUR. The case was resumed in which Cook ami McKenzie. bakers (Mr Wright) elkimed £31-3 damages from Wood Brothers, Ltd. (Mr Gresson, with him Mr Ncave). in respect to a supply of flour jdlegod to have been affected by fungus.. The case was heard before his Honour, and a special jury of twelve. The hearing of the evidence for the defendants was coucludod. Mr Gresson, in addressing tho jury, said the question ivas whetlier the flour was at.fault or whether it was the bakehouse. There was the undisputed fact that the trouble arose in the bakehouse on February loth, and it was not till March 2ot.h that Woods' flour was received. There was no connexion whatever between Moil 's Hour delivered previously and Woods' ilour. * The loft was undoubtedly the basis-of infection, and every kind of flour that went into tho bakehouse became infected. Woods' with the other.-. He submitted that tlie loft was not suitable for the storage of flour. Mr Wright said i; was admitted that the Hour and tho bread were bad, and the question was whether the flour was jbad wht nit v.-a, delivered at tho bakeJhouse, ir whether it became affected jafterwards. The 'viilenee of l)y. Pearson showed clearly that out of s.x I or sever flours kept in the loft only two were affected, the defendants' aind one ; other. The j try returned after nearly an ■ hour's retirement, and the foreman announced that the j.trv were unable to come to a unanimous decision. His Honour said tho law required that tlii jury should be away for three hours before a three-fourths majority verdict -ould be taken. The jury would not be ! tarved. Tho : 'oremnn: We arc approaching that, str ge. A fev minutes after the jury returned, and tho foreman announced that a unanimous verdict had been arrived at. They found for the plaintiffs, and awarded thcyj £182 10s damages. Judgment was ertered up accordingly. Costs were allowed on the lowest scale, with two extra days at £o os. IX DIVORCE. WALSH v. WALSH. France#; F.i'/.nbeth Walsh (Mr Iviteh- ; Ingham) petitioned for the dissolution of her marriage, with Francis Henry | Walsh, upon the croupd of desertion. The petitioner gave evidence that oho was married on the West in 1900. Six years ago her hut-band left her. He. was addicted to drink, and lost his work for that reason. Ilis Honour granted tho decreo nisi. MAGISTERIAL. (Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS. Four men. first offenders, charged with having been found druui admitted tho offencc .md were each fined ob. Elizabeth Donochie pleaded guilty to a similar charge, and askod to have a prohibition order mado against her. She was convicted and an order was issued. ALLEGED THEFT. Hugh Andrew Upritchard pleaded guilty to two charges of theft —of a set of trap harness, at Hororata. value £4, and of a set of harness at Oxford, value £9 10s. His wifo applied for maintenance and guardianship orders. Chief-Dcteetivo Herbert said that the polico anticipated that- further charges would ibc mado against the prisoner, and ho asked for a remand. Tho theft charges iand tho maintemince application •were adjourned for a week. BY-LAW BREACHES. For having been found riding his bicyelo on tho lootpath, Albert Bailey wa* fined 7s and costs. For cycling without having a light on their machines, Clifford Briggs, Albert Gibson, Albert E. Porter, were each fined 10s and costs, and John Parkes os and costs. For having left motor-cycle and side-cars without lights on them, Harold E. Fen ton was liu-ed 10s and costs; Henry E; Gott, ss; Wm. Thompson, and Win. Wcbley wero each fined 5s and costs. W\ H. Tubman, for having obstructed traffic at the entrance to the Show Grouhds on November 12th, was fined 5s and costs. For allowing their horses to be at large Fred J. Chambers was fined os and costs, H. Nankivell os, Crosby Morrin 10s and costs. For _ leaving his horse unattended James White was fined os. For having driven a motoicar at excessive speedy Jesse T. Blackmore. Reginald Gibbs, Edward Barnes, Frank Geo. King, Geo. Duncan McDonald, and John Apps were each fined 20s and costs; Crosleigh Wilmon Packwood. Arthur Mcharrv, 10s and costs; Frank Edward Gardiner os and <x>sts. Leslie Frederick Fuller, for driving a motor-cycle at an excessive speed over the intersection of Durham, Kilmoro and Victoria streets, -was fined 10s and costs; and for riding a motorcycle at an excessive rate of speed, William Wrather was fined 20s and costs. OBSCENE LANGUAGE. Frank Pearco (Mr A. T. Donnelly) . pleaded not guilty to a charge of haying indulged in obscene language in Faraday street, Sydenham, after midnight. on November 20th. After hearing evidence a fino 0f.20s imposed. On the application of the police prohibition orders were made against Peai'ce and his wife. ASSAULT. John Grainger admitted having assaulted Albert Robert Odering, and was fined 20s. LYTT.-LTON. (Before Messrs G. C. Smith and L. A. Stringer, J.l'.'s). DRU N KENN ESS. Two first- offenders wore each fined os, or in default, 24 Jiours' imprisonment. Thomas Jacobson, a third offender, was fined 10s, or seven days detcnt,o\Anie W. Wright was charged with being found drunk on the terry wharf on 'l juirtidaVj and also with using obscene language. On the_first charge she was fined os, and on the other cnargo was fined 10s, or in default, 48 houns imprisonment. ASHBUKTOX. (Before Mr V. G. Day, S.M.) \ first offender for drunkenness was fined os, in default 24 hours' imprisonmTames M. Wilkie was fined 10s for using the borough supply for watering his garden oh Sundays. . Christopher Moore and Gabriel Rodgers were each fined 40s and costs for driving motor-cars too fast. J noma? Stewart and Albert Goodwin were each fined 40s and costs for riding motorcycles too fast- ...» Judgment for plaintiff was given in. —Canterburv Frozen Meat Company v. Thomas Hardy, £21 l*s <^ s £3 14s); James Came Ton v David Ryan £S 3s 9d (costs £1 3s fd ; Jilliam lk-g v. A. D. Stihw. £33 8s 6d (costs £2 14s); G. H. Carson v. Stevens, fl Gd (costs os); same y. G Spencer, £2 14s 2d (costs 10s); \\. McTigue v. John Laffev. £4 4s (costs £1). In Reid .nnd Gray (Mr Orbelt) v. R. T Cocnrane (Mr Donnelly). £19 0s 6d. judgment was given for plaintiff lS (costs £2 Is).