THE COURTS.

Press, Volume LII, Issue 15560, 8 April 1916, Page 4

THE COURTS.

SUPREME COURT. IN CHAMBERS. (Before his Honour Mr Justice Denniston.) Motions for leave to sell, under tho Mortgages Extension Act, were applied for, and orders made, m the following eases:— Wm. Melhuish (Mr Bcswick) v. Anthony G. Thompson (Mr Acland). Geo. Summers (Mr Mosley) v. Leah Moore and Alfred Butcher. W. .7. Cresswell and another (Mr Beswick) v. B. Tully. MAGISTERIAL. (Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS. Two male first offending inebriates were each fined os, of 24 hours' imprisonment-. Patrick McGinn, alias Hannah, a third offender, was fined 20s, in default 7 days' imprisonment. Beatrice Louisa Shore pleaded not guilty to a charge of drunkenness in Madras street. This being the third offencc within tho statutory period, she was fined 20s, in default, seven days' imprisonment. FALSE PRETENCES. Alfred Genet was charged that on March 38th last he did obtain £*2 from Dovald J juries McKay, by a false pretence, namely, by stating that ho had five months' pay due to him from the Government, and would get him a position. He was also charged with obtaining 10s in a similar manner from McKay. Donald James McKay, a labourer of Meihven, said that, on March 26th last he met accused coming out of tlic public gardens. H c spoke to him, and thej- walked along together. Accused asked him if he was working, and told witness he could put him on to a good billet with a surveying company hc was working for. Accused said he had five months' pa v coining to him and as he Tvas short of money, asked witness for 10s. Witness lent hini the money, accused promising to repay it on the following Monday morning. Accused did not repay the money On the Monday. Accused said he had put witness's name in at the Tourist Agency for th© billet in question, and asked witness for £2, as ho had some bills to pay. Witness again lent him tho money. Subsequently witness asked accused for tho money, which was not returned, and ho had been unable to find accused since. He also found out that the billet was fictitious. Accused gave evidence to the effect that immediately prior to meeting McKav he had just finished a term of imprisonment. He told McKay he had been working for tho Government, which, he said, "was no lie." He borrowed the money becauso ho was short, and fullv intended to pay it back. Th© Magistrate sentenced accused to threo months' imprisonment, on the first charge, and one month on tho second, the terms to bo concurrent. He was also ordered to he brought before the Supremo Court for decision as to his being an habitual criminal. THEFT.

James Charles Gordon {Mr F. "W. Johnston) and Frederick Murfitt Harris, two youths, wero charged 011 four informations with the theft of petrol, tho property of the New Zealand Loan and "Mercantile Agency Company, Ltd., as follows: —(a) '20 eases, valued at £17 13a Md; .(b) 0 cases, ,valucd at £4 4d; (c)> 10 cases, valued at £8 ]Gs 8d; (d) 11 cases, valued at £9 14s 4d.

Chief Detective Herbert said that both accused were acquainted with an old man who possessed a horse and cart, which they borrowed 011 different occasions to remove the petrol. They disposed of the petrol to a well-known licensed taxi-driver at n much reduced rate. They obtained £20 12s for the petrol, of which £8 10s lid had been recovered. "

Mr Johnston asked his "Worship to deal leniently with Gordon. He was a good-natured, easily-led lad, and this incident was more in the nature of a freak. He ha<l borne a perfectly good character up till now.

Tho Magistrate convicted Gordon, and ordered him to come up for sentence when called upon. Harris was nominally sentenced to a month's imprisonment, with a recommendation that 110 bo 6ent to Burnhain, ALLEGED RECEIVING. In connexion with the abovo case, Samuel Robert Benjamin Meadows, a motor mechanic, was charged that between March Ist and 31st he ( did receive from James Thomas Gordon and Frederick Murfitt. Harris, forty-six cases |of petrol valued at £40 2s Sd, well knowing tho Mimo to have been dishonestly obtained. On the application of Cliief-Dctcctivo Herbert, accuscd was remanded till April 14th. being admitted to bail, self in £100 and one surety of £100. BY-LAW CASES. Thomas Cowlishaw. charged frith driving a motor-car without a tail light, was fined us and costs. For leaving a motor-cvclo and side-car standing at night without a lamp, on the side-car, J. R. Evans was fined 5s and costs. Thomas "Witty (Mr Cassidy) was charged that being a licensed cabdriver, he did carry a drunken man in his vehicle. After hearing the police evidence, Mr Cassidy submitted that tho charge was absurd and preposterous. Defendant, discovering his "faro" was drunk, drove him down to tho polico station. Ho obtained 110 fare, and on tho information of the police was subsequently charged with driving a drunken man. Tho. chargo was dismissed. William Downing was charged with driving loose x-attlo along a public street contrary to by-law. The chargo was dismissed. Herbert Thomas pleaded guilty to a charge that being a passenger on a tram-car from Cathedral squaro to Stan mo ro road, he did fail to pay his fare bn demand by the conductor." A fine of 10s and costs was imposed. Charles Rountree, charged with driving threo single-horse drays in a manner contrary to,/-tho by-law, was convicted and ordered to pay costs. Robert A. Johnston * (Mr F. W. Johnston) was charged with driving an omnibus without a license. He was also charged with failing to take up his station 011 a public stand when not engaged. Mr Loughnan appeared for tho City Council. The Magistrate said he would not impose a fine, as the case was brought a$ a test. He therefore convicted defendant on the first charge, and ordered him to pay the solicitors fee. The second chargo was withdrawn.

Archibald Bruert-on. charged with permitting a motor-car to stand in a prohibited place, was fined os and costs lis.

James Burley, charged with driving a motor-car not having the correct registration mark affixed, wa s fined 20s and costs.

For failing to notify change of ownership of motor vehicles, Lawrence "W. Clark and A. S. Drayton were ea£h fined 10s and costs, and for riding an unregistered motor-cycle sold to him by L. "W. Clark, W. H. Down was aJso fined 10- and costs.

Albert R. Green, charged with being an unlicensed motor driver, was fined os and costs, and David Stock, for permitting Green, being unlicensed, to drive his car, was also fined os and costs. TRUANCY. For failing to send his child to school, C. Baughan was fined ss, without costs. ORCHARD PESTS. For failing to spray their orchards, affected witk. oodlin motJi, mussel scale.

or red mi to, or cach of tJiese posts, tho following tines wore imposed:— Alfred O. Bowley, Is without costs; Charles Carr, os and costs: Mrs Ann Chapman. 20s and costs: F. C. Chinnory, and costs: "William Dunn. •10s and costs: R. L. Evans, UOs and costs; S. Fuller. Os and costs; .T. Orecnlecs, 10s and costs : T. X. Lutton. 20s and costs; Ralph McNish. 10s and costs;-Mrs W. Muhlieson, 10s without costs; J. li. Rick, os and costs; Pcrcv E. Sprosen, os and costs.

(Before Messrs S. Bullock ar.d J. Clarke, J.P.'s.) MISAPPROPRIATION. Herbert Peter Hanson was charged that between January Ist and March 16th last he did receive the. sum 01 £64 17s 9d from several persons on terms reouiring hiiu to pay the same to one Walter Wilson Henscn, treasurer for the Star of Opawa, Lodge, No. 30, Independent Order of Oddfellows, and did fraudulently omit to do so. A\ illiani .Hunter, Grand Ma-ster ot the Independent Order of Oddfellows in New Zealand, said lie knew accused as the elected secretary of the Star of Opawa Lodge, No. 30 Independent Order of Oddfellows. lie was elected secretary in July. 1914. and it was part of his duties to rceeivo all moneys paid by members and to hand such to the treasurer of the lodge at the close of each meeting. In consequence of something ho heard, on Friday. March 10th, at tho Friendly Societies' dispensary, he found that "their account was overdue. Later he found other irregularities. Iu consequence of these things lie saw accused, and asked him why the hall rent, which was overdue, had not paid. He replied that he had not the money to pay. Ho also said that he had not got his balance-sheet ready, as ho had injured his hand, which prevented him from writing. Subsequently witness again saw accused and mentioned the arrears of tho dispensary account, to which he did not reply. Witness then arranged for an audit of tho books, but before commencing the audit, accused said ho was short in his cash by about -£30, for which he made no explanation. On examination of his cash book, a shortage was found of £6i 17s 9d. Walter Wilson Hensen treasurer of tlie lodge, also gavo evidence as to accused's defalcations. Evidence was given by ActingDetective Torrance, who said he arrested accused, who admitted taking the money. Accused subsequently said he had borrowed money from money-lenders at a high rate of interest and took the money to pav it off. Accused then pleaded guilty, "and was committed to tho Supremo Court for sentence, bail being allowed, self in £100 and two sureties of £50. ALLEGED ASSAULT. Charles Muncev. for whom Mr F. W. Johnston apnea rod, was charged on remand with assaulting Gustavus Saunders so as to cause him actual bodily harm. Gustavus Saunders, a cabman, of Stanmore road, said that on February 19th last ho was in company with a soldier from D'unedin about o o'clock in the afternoon. He drove him from the stable to tho Albion Hotel in Colombo street. The soldier went into the hotel to have a drink, coming out in about a quarter of an Jiour afterwards. Witness was then standing by tho horse's head, and asked him if he was ready to catch the train again. After some conversation tho next thing witness knew was that he received a blow on tho head from behind, which knocked him down, followed by a kick in each eye. He remembered nothing nioro until he lvoko up in the Christchurch Hospital two days later. Subsequently he left the hospital and went homo to bed, wJiero he was for nine days unconscious. Dr. Browno attended him right ini to the present time." He did not know accused"

Dr. Amos AY. Johnston, house surgeon at the Christchurch Hospital, said that 011 February 19th last, Saunders was brought into the hospital, suffering from concussion of tho brain, and was unconscious. J-fo remained in hospital about threo days. Witness had not seen him since. Saunders had sustained 110 gross injuries. All witness could find was a tenderness and swelling behind tho right car. There were then 110 apparent injuries to the eyes, but a subsequent blackness might hnvfi been caused as a result of the concussion.

After hearing further evidence, accused, who pleaded not guilty, was committed to the Supreme Court for trial, bail being allowed.

LYTTELTON. (Before Mr L. A. Stringer, J.P.) DHUNKEXXES6. Two first offenders were each- convicted and line/l 10s. AKAROA. (Before Mr T. A. B. Bailey, S.M.) L. Brochcrie, "W. McKay, B. Mora, and H. E. Aldridge wero charged with threatening behaviour in a public place. Tiio case against the first thrco was dismissed. The last-named was •fined 40s and costs. D. Langrope, for having an unregistered dog in his possession, was convict-cd-and ordered to nay costs. For permitting a cow to wander, A. Hay ward was fined 5b and costs 011 each of two charges, while L. «J. Yangioni, for allowing a horse to wander at large, was fined 5s and costs. "With to tho adjourned case, F. . Staples v. Hokianga, claim £73 7s Sd on a judgment summons, tho Magistrate, made an order for payment by monthly instalments of 20s cach.