THE COURTS.

Press, Volume LVIII, Issue 17452, 12 May 1922, Page 11

THE COURTS.

SUPREME COURT.

CRIMINAL SESSIONS. (Before nis Honour Mr Justice Chapman-) The criminal sessions of the Supreme Court were continued yesterday, "jeiore Honour Mr Justice Chapman. Mr A. l* Donnelly, Crown Prosecutor, appeared on behalf of the Crown. PRISONER SENTENCED. Charles Brice, 22 years of age, who the previous day was found guilty of eC .? ji assaulting and attempting to carnally a girl aged 11 years at Kaikoura, appear for sentence. _ , . j i His Honour said that he had given th.e' P*" j ■ soiier credit for not having attempted _ t° | blacken the girl's character by going into | the witness-bos and perjuring himself. souer'a doings in the town in which he lived had been disclosed in his statement to tlie police. Hia Honour was not going to punish prisoner for matters outside the case, but he must take notice of those matters. "What he waa going to punish was the flagrant attempt to violate a schoolgirl. The I sentence of tho Court was passed, not only as a punishment, but as a warning, to other ' men of prisoner's inclinations. Prisoner would be sentenced to three years' imprison- ! ment, with hard labour on each charge, tho sentences to run concurrently. NOT GUILTY. Erio Malcolm Biel, 27 years of ago, was charged with the theft, on November 21st, 1920, at Aniseed, near Kaikoura, of parts of a Buick motor-car, valued at £47 13s 6d, the property of Kaye and Carter, Ltd. Prisoner was further charged with the theft, on November 16th, 1920, at Hawkeswood, near Kaikoura, of parts of a Cadillac motorcar, valued at £2OO, the property of Ethelbert Henry Best. Mr W. J. Sim appeared for the prisoner, who pleaded not guilty. Mr Donnelly said .that, in November, 1920, the accused wm employed as a driver by the United Motor Service Cj., in Kaikoura. On November 21st, a stock buyer, n»med Sh&nd, left his Buiok oar in a cava alongside a road near Aniseed. When Mr Sband returned he found that the car was burnt and stripped of all movable parts. The second charge was in respect of a Cadillac car, owned 1 by Mr Best. This car caught fir® at Hawkeswood, and was left on the side of the road for some weeks. When Mr Best returned -he found that all the parte had been removed. Gilbert Esmond Shand said that he had examined the parts in tho hands of the police, and identified them aa those taken from his Buick car. Evidence was given by Ethelbert Henry Best in regard to the Cadillac car. Fred. Gilbert Tomlinson, motor driver and mechanic, who was in the employ of the United Motor Service Co. at Kaikoura in November, 1920, Baid that he went with accused to Aniseed, where they found a Buick car in a cave. Prisoner stripped the car, and then took witness's hat, filled it with petrol, which he threw over tho car, and then set it on fire. Witness remembered some talk of a car at Hawkeswood. Harris, the manager of the parage, had a conversation with prisoner. VTitness heard, Harris say, "But be careful."- Biel said to witness that he had to try out a car, and invited witness and two' other employees to go with him. At Hawkeswood they passed a burnt car, and later they turned back and stopped at the car. Biel commenced to strip the car. On the journey/ back prisoner expressed regret that they had Hot got the brake drumß. Subsequently witness assisted to hide the parts in various p'laces. Robert Gordon Lindsay, tobaoconist, said that, in November, 1920, he was employed by the United Motor Service Co. at Kaikoura. Witness went with prisoner, Tomlineon, and Smith to Hawkeswood, and inspected the burnt oar. Prisoner stripped the car, eaying that he had Harris's permission to do 60. Donald Smith, who. in November, 1920, was employed by the Publio Works Department at Kaikoura, corroborated Lindsay's evidence as to the visit to Hawkeswood. The next day, he said, prisoner approached him an® asked him to say nothing about the trip. Patrick Curran, manager of the Kaikoura Motor Co., said that ho bought the Cadillao car from Best early in 1921. Witness asked the prisoner if he knew who stripped the jc'ar, and Biel said that lie had dono so. To Mr Sim: Biel told witness quite voluntarily that Harris had said he had bought the car, and that he (Biel) waa to go down and get what he could, from the car before anyone else went there, Constable G. F. Hodgson, stationed at Kaikoura, gave evidence,- as to the recovery, of-the parts ..produced, -v■ ■ Detective H. J. La 'Suer said) that, on April 21st, he interviewed the prisoner,_ who made a statement. Prisoner told witness that Harris had said lie had bougfit car, and was afraid someone else would .get the parte. This concluded the case for the Crown* Mr Sim said that the problem for the jury was to decide who should pay the penalty for the'.theft. An attempt was being mado to make the prisoner a scapegoat. Prisoner was already, serving a term of five years' imprisonmnent for- a stupid offence committed at Wellington, and had no interest in not telling the truth. Biel had had a completely innocent snind when lie took part in the removal of the Cadillac parts. The only evidence in regard to the Buick car was that of Tomlinson, who was an unsatisfactory: witness. _ Prisoner, in his evidence, said that Harris told him ho had purchased tho Cadillac car, and wanted him to get the parts. Harris told him to get some of the other employees to assist him, and prisoner asked Tomlinson and Lindsay .to go. The next morning Harris complained because prisoner had .'not brought the brake-drums baok, togother with the other parts. In regard to the Buick car, prisoner said that Tomlinson suggested a drive along tho coast. When they reached tho cave they stopped, and Tomlinson Went into the cave and brought a battery' out. Tomlinson then brought out some more stuff, and said thei'o was a car in the cave. When- they were leaving prisoner saw a light in the cave, and in reply to a question Tomlinson said that he had set'fire to tho car in the cave,

In addressing tho jury, Mr Sim said that tho only conclusion open to the jury was that tho prisoner had had permission, from Harris to take tho Cadillac parts. The point for the jury to decide was whom to believe, Tomlinson or Bid.

Mr Donnelly addressed the jury, and his Honour summed up. The jury returned, after one hour's retirement, with a verdict of not guilty.

MANAGER AND FOREMAN CHARGED. Edward William Harris and James John Gibson also appeared on charges arising out of tho theft of the motor-car parts involved in the previous case. Harris was charged with stealing parts of the 'Cadillao car, and further, oorfjointly with Gibson, with receiving parts of tho same car knowing them to have boen dishonestly obtained. Both prisoners were also charged with receiving parts of the Buick car. Gibson was also charged with having, on November 17th, 1920, and April 3rd, 1921* received certain parts of the Cadillao car from Harris, with the object of enabling him to escape. Both accused pleaded not guilty, Mr M. J. Gresson, with him Mr J. "R. Cuningham, appeared for Harris, and- Mr.C. S. Thomas for Gibson. The Crown Prosecutor said that Harris was ir.anager of the United Motor Service Co. of Kaikoura, a fairly large concern, in which he had an interest. Gibson was a foreman ii* the employ of Harris. In 1921 a man named Biel (then known as Young) and Lindsay and Tomlinson were in tho employ of the United Motor Co. as driver* and mechanics, and were under tho control of both the prisoners. The Motor Co. ran the motor-car service between Christchurch and Kaikoura, and us*d both Cadillao and Buick cars in thn service. Counsel traversed- the evidence relative to the loss of parts from both cars. Brio Maloolm Biel said that in November, 1920, ho was employed aa a mechaiiio and driver by the United Motor Co. of Kaikoura. 'Witness detailed how, on November 17th ho went to Hawkeswood under orders from Harris, to get parts of a Cadillao car whioh had been left burning on the side of the road. To Mr Graason: Witness denied that he had stated that he would "get one on to Harris." To Mr Thomas: Witness heard Gibson say to Harris that Harris would get witness into trouble. Gibson seemed anxious not to have anything to do with the affair. Ethelbert Henry Best and Gilbert Esini Shand gave evidence on the lines of the opening address of counsel for the prosecution.

Fred Gilbert Tomlinson, in his evidence, said that after the Ca&illao car waa stripped the parts were taken to Gibgon'e place. Later Harris said that. Biel had "Blown the gaff, and the stuff would have to bo removed from Gibson's place. Harris esid tjiat he and Gibson would have to he seen in the town and would go to pictures. Witness and Lindsay took the parts from Gibaon'a and put them in a ditch. Subsequently Harris approached and asked him if he had been 6peaking to the police. Bobert Gordon Lindsay gave oo lines similar to that given in tho previous case, and evidence waa also given by Constable G. . F. Hodgson and Detective Le Suer. Addressing the jury", Mr Grose on eaid Harris was the. victim of a conspiracy of wliich Biel was tho instigator. There was not a shred of evidence to prove that Harris was responsible for Biel going to get the parts. Counsel submitted that tire evidence of Biel., Lindsay, and Tomlinson ■was not sufficiently sound to justify a jury in "hanging a dog."

' Wo of.witness** had nevei B «PPed into the box. p Jj Thoaiaa said that Gibson was a victin He had we*kly failed tc matter to the police, but he hac v - n the stolen, stuff being shifted fron r&eSr ™ inn ** nt ,nd haa nc ti«a af n^.S Unmed up ' and 1110 jury re o. "turned at 9.5 p.m. a£u sought JLj ? m the Benclu The question flSafitt py the foreman was in effect, if Gib- , J} 0 ' know that the goods were j U t-iev had been in his possession fif?® da^3 > would he be guilty of receiving charge?' 0 ° n ditto mentioned in the His Honour replied in the affirmative. J ur . v returned at 9.30 with its verdict. Harns was found guilty of receiving the knowing them to have been dishonest!) obtained, and Gibson was found I, 'S' :ul accossorv after the fact, in, that he received the gocds from Hams. _ A rider -was added recommending that leniency be extended to Gibson owin- to his position as an employee. His Honour deferred se-nlenco till this monungr. The Court till 9.46 a.m. to-day.

MAGISTERIAL

THUESDAY. (Before Mr H. T. WiddowsOn, S.M.) REMANDED. Athol Joseph. Reeve Sutherland, aged 19 years, was charged with the theft of a valued at £4, the property of | Hal Raie. He was remanded till to-day, to be dealt with by'Mr Wyvern Wilson, S.M., who had previously heard other charges against him. CIVIL BUSINESS. Judgment was given for plaintiff by default in the following cases:—The National Hardware, Timber, and Machinery Co., Ltd. v. Daniel Carline, £14216s 2d; MasseyHarris Co., Ltd. v. J. C. Siddall, £ll 7s; Thomas James Halliburton v. Oliver Stanbury and F. Stanley Stanbury, costs only, £1 10s; W. Strange and Co., Ltd v W. Paharama, £G Be; N.Z. Tyre and Rubber £«., Ltd. v. J. D. Smith, £25 15s 6d; the D.1.C., Ltd: v. J, K. Leahy, £4 9s 6d; Thomas Brown, Ltd. v. R. G. Laplanche, £8 lis 6d; H. Pannell and Co., Ltd. v. W. D Hayward, £1 7s 6d; the South Island Motors, ktd. v. George Welburo, £lB 0s 3d; same v. Chapman and Co., 17s; same v. P. Loasby, .£lB Is 8d; Graham, Wilson, and Smellie v. D. D. Greaney, £9, BREACHES OP AWARDS. John Georgeson, Inspector of Awards, proceeded against J. Scott, furniture maker, of 177 Wordsworth street, Sydenham, to recover the sum of £lO, for a breach of the Canterbury Furniture Trade's award. Plaintiff alleged _ that defendant employed one, William Main, as a journeyman upholsterer, and failed to pay him his wages weekly, and within five minuteß after the cessation of work. Judgment was given for plaintiff for £o and costs. Georgeson also claimed from Claude H. Piper, licensee of. the Clarendon Hotel, the sum of £lO for a breach of the North Canterbury Licensed Hotel Workers' award, in respect of an employee, Harry Rowley. It was alleged that Rowley was employed as a night porter by defendant, who had failed to pay him lodging allowance of 10s per as required by the award. Plaintiff was given judgment for £2 and costs.

NO ORDER MADE. David Stranaghan, financial agent (Mr P. D. Sargent) proceeded against David OBowen, bricklayer, of Christchurch, claiming £lO on a judgment summons. Plaintiff alleged that the debt was incurred By fraud, as the defendant had obtained an advance on a representation that he was working for F. C. Gresham, at the Winter Garden, and' had more than, sufficient money coming to him from Mr Gresham to repay the advance. Defondant had given an order in favour of plaintiff on Mr Gresham, but it had been dishonoured. Plaintiff claimed that he had advanced defendant £9 10s on the representation that £4O was coming to him from Gresham. When defendant could not be found, Gresham said there was no money. Frederick William Gresham said that at the time the , order was delivered to him, he had money payable to Bowen, for wages. He was not by law, to pay the wages oyer on an order.

The Magistrate said there was no evidence of fraud. • No order would be made. JUDGMENT FOR DEFENDANT.

William J. Henery, contractor, o! _ Riocarton (Mr T, W. Rowe) proceeded against the Publio Trustee (Mr A. Dolph) for tho sum of £22 3s Id, alleged to be due for work done fpr F. ,N. Tomlinson, deoeased. Plaintm claimed 1 tHaf in April; 1921, the Lands and Survey Department paid to the Publio Trustee the sum of £39 3a 2d for the payment to him for work done. The Publio Trustee paid but only £l3- 19s lid, leaving £22 8s Id still owing. Defendant had refused to pay this amount.

Tlie defence was that the funds <jf Tomlinuon's estate had been used for burial expenses. Henery was luckier than the other oreditors, as he had had some money paid over to him. The Commissioner of Crown Lands could not .instruct the Publio Trustee.

judgment was given for defendant without costs.

CLAIM AND COUNTER CLAIM. Svdnev Taylor Granger, storekeeper (Mr J. H. Upham) proceeded against Stanley E. Bull, Ghriatohurch, grocer (Mr J. D. Godfrey) for £ll 2s 6d, on account of goods flold and delivered by plaintiff to defendant. Defendant counter-claimed for the 'sum of 311 'ss 6d, tho balance of wages alleged to lie- duo by tho plaintiff to the defendant. Judgment, waa given for the defendant for £4 17s with costs on the counter claim, and the claim was dismissed.

DECISION RESERVED. In the case in which Lazarus Wolfe Balkind (Mr T. W. Rowe) proceeded against Tonics, Norton, and Co., Ltd. (Mr K. Twjneht.ro) and David Stock, land agent, to recover £63 17s, alleged to be due to him on a loan mode to Sydney H. Cummins, on a chattels security, tho Magistrate, after hearing legal argument, reserved his decision. AN EVICTION. / Joseph Murphy (Mr J. D. GodWT proceeded agaiiwt Bertha Norgate (Mr W. F. Tracy) for £25 lis lid damages, owing to alleged, wrongful eviction from the defendant's house. Tho • Magistrate said that he felt sure that defendant had acted in good faith irf tho matter, hut she had dverstepped the mark in removing the furniture from the room occupied bjr the plaintiff. Judgment would be for plaintiff for £i XOs damages with coste.

IN OTHER PLACES.

CHARGE OF THEFT OF MOTOR-CAR. (TRESS ASSOCIATION' XBLEQBAX.) AUCKLAND, May 11. At the Police Court, Albert Cundy, who returned by the Ulimaroa yesterday after some months in. Australia., waa charged with the theft of a motor-car, of the value of £3OO, from Mona Patricia Murray, of Christchurch. It was alleged he sold tho - car and spent the proceeds. He was remanded to appear at Christchurch a week hence. Bail was refused.

COMPENSATION AWARDED. (IW9 ASSOCIATION TELEGRAMS.) AUCKLAND, May 11. The Arbitration Court to-day awarded Leva Rooke £225 in respect of a claim to recover from G. T. Niccoll and others compensation for the loss of her soil, a. seaman, aboard the Lyman D. Foster in 1919. The Court was of the opinion that the son was a source ol considerable support to his mother.