THE COURTS.

Press, Volume LIX, Issue 17702, 2 March 1923, Page 12

THE COURTS.

SUPREME COURT. ' IX DIVORCE. (Before his Honour Mr Justice Adams.) INTERYENOR'S APPLICATION. An application was made to eet aside a decree nisi made on September Ist, 1922, in the case of James Smith, Christchurch, railway foreman v. Clara Marin Smith, 26S Bar* rington 6treei, respondent, and Frederick ■Williams, 59 Tuam street, baker and storekeeper, co-respondent. The application was ride by Mabel Carter on the ground that, the'decree was granted, petitioner had cohabited with the respondent en many occasions at her house, and in that way condoned the misconduct which led to the granting of the decree. Mr M. J. Gresson, with him Mr C. S. Thomas, appeared for the intervener, Mabel •Carter, and Mr A. T. Donnelly, with him Mr R. Twyneham, for the petitioner in the proceedings for divorce: The case was hoard before a jury of twelve. Mr Gresson eaid the action was probably the first case of its kind in New Zealand. Clara Maria Smith, respondent in the divorce case, stated that, about three weeks F.fter the granting of the decree nisi, her husband had visited her at her house. He said he came for bis letters and witness gave them to him. Her husband came again the next night. Witness gave evidence concerning other occasions when her husband had visited her, and stated that they had lived as man and wife. To Mr Donnelly: She did not get Mrs Carter to intervene in the proceedings.^ Mabel Carter stated that she was a friend of Mr 3 Smith. She had seen Mr Smith at the house. She saw him in the washhouse with Mrs Smith. To Mr iDonnelly; Her intervention in the cose was Saerely nominal. She did not know who was ?naving the costs. Bert William Munns, private detective, stated that he had received his instructions from Wyisn-WiiUams, Brown, and GTesson. solicitors. 'He detailed investigations he had made as to the relations between Mr and Mrs Smith- after their divorce. To Mr Donr.ellv. He was first instructed on- November 17th. No contract as to remuneration was made. Th» case was adjourned till 10 a.m. this morning. DEFENCE WITHDRAWN. Elsie May Tweedie, boaiding-house keeper, Cheviot, petitioned lor divorce from George Ferguson Tweedie, blacksmith, Cheviot, on the grounds of habitual drunkenness and failure to maintain. The parties were married on December 2nd, 1908, and there were four children by the marriage. Mr C. S. Thomas appeared for petitioner, and Mr R. Twyneham for the respondent, who opposed the application. Mr Thomas stated that the respondent hecame helplessly drunk on the honeymoon at AkaroL. He had been an habitual drunkard for at least four years. Since October, 1318. petitioner bad received only £9 for. main-^ tenance. Although Cheviot was a no-license > district, there was a brewery in it, and men obtained liquor there. There were found in respondent's shop 285 empty bottles, eight two-gallon jars, five one-gallon jars, and a ten-gallon keg. Respondent used! abominable language to bis children. • Petitioner stated that she had paid doctors' billX out of tha earnings. had once threateried to blow her head off with a gun. To Mr Twyneham: Respondent was drunk at least twice a week, except during a period of three months. Florence Edith Denton, sister of the petitioner, stated that respondent was always j under the influence of liquor. Arthur Leslie Hills, • chaffcutter, Allan Parking, telegraph linesman, Gladys Wobtton, and Archie Tweedie gave similar evidence. ...•,.■ Respondent stated that he had given up all his time to helping petitioner in the boarding-house, and she wanted for nothing in the way of food, clothes, and amusement. She had twice asked for money, and he had given her nearly all he had. Witness was drunk on the average ? &ve or six times a Mr Thomas: What's your excuse for 285' empty bottles being found in your, shop? Witness: They were taken there to be sold to the brewery. Mr Thomas: They were taken to the shop and just dumped down there? Witness: Yea. To Me, Thomas r He had not threatened to shoot his wife. He was not drunk on his honeymoon. He did not think he would make more than thirty shillings a week out of his business. To his Honour r He could not flay how much money he had given his wife aince their marriage. • .. . ' , Mr Twyneham stated at this stage that he didi not propose to continue!the defence..; [*" His Honour stated that the case must go before the jury. - The jurr retired at 12.30 p.m.," and returned at 12.40 p.m. with a verdict for. the petitioner, finding respondent guilty of. habitual drunkenness and failure to maintain for upwafda of four years. . His Honour J granted a decree nisi, to be made absolute in three months, allowing the petitioner costs on the highest scale and the custody of the children.

MAGISTERIAL. THURSDAY. (Before Mr Wyvern Wilson, S.M.) ADMITTED TO PROBATION. A married woman, Margaret Gabb came up for sentence on two charges of bicycle theft. The case was heard on Wednesday when she pleaded guilty. •■ - The Magistrate said that the Probation Officer's report was favourable. .The husband had insufficient means of support and accused had had a hard struggle. She was in a bad state of health and she had been despondent. She had teen honest, when arrested and had made an admission of her guilt. 'She would be admitted to probation for 12 months with no special terms. REMANDED. La-wson Frederick Braddfog, -Bged 19 years (Mr J. B. Batchelor), appeared on two_ charges of having obscenely exposed himself. He pleaded not guilty and elected to be dealt with summarily. , ' Senior-Detective T. Gibson applied for a remand until March 7th, which was granted. Mr Batchelor asked- that the name of accused might be suppressed from, publication as he was only nineteen years of age. On "Wednesday evening after his arrest, counsel alleged, accused was taken to the Richmond police station, where he was put with six other youths.. Four girls were brought in and they picked out two other youths besides Br adding x aa having . committed the offence. After considerable difficulty, one of the girls had picked out accused. He absolutely denied the offence and counsel submitted that his name should not appeap in. print. The Magistrate refused to make the order, but allowed bail, £SO. CITIEi BUSINESS. Judgment by default was given by plaintiff in each of the following cases:—A. ti. Turnbull and Co. v. J. A. Collison, £39 Is; Alfred Ernest Hunter v. John Lewis Kingsland, £43 (and order for possession): ; Bella Wyatt, trustee of A. H. Wyatt vl H. Wood, £2 lis 4d; W. H. Simms and Sons. hid. v. J. Anderson, £4 16s; Frances Fitzpatrick v. Frederick Mitton (costs only), £1; J. A» Redpath and Sons, Ltd. v. Nelson Motor Co., Ltd. £29 ss; W. Toomey and Co. v. W. Smith, £l3 8s lOd; Harry Pennells v. G. Welbourne,. £2 10s; iT. Armstrong and i Co., Ltd. v. Albert Higgins, £2B! 3s Id; I Albert H. Bond v. H. Johnson, £2; same ! v. Charles Johnson, costs only; A. J* White Ltd. v. A. Hunt, £l9 5s 3d. John McCausland was ordered to pay £22 lis 9d to Sarah Agnes Salt, forthwith, in default 3 weeks' imprisonment. I MOTOR COLLISION. I More evidence was heard in the case In which Arthur Lemmon, contractor of Christchurch (Mr W. J. Hunter), claimed £52 176 j from the Canterbury Publishing Co. (Mr F. S. Wilding) as compensation for personal injury and damage to his motor-cycle in a collision with a delivery van driven by a servant of the company. It was alleged that the servant drove in a negligent and careless manner. 'The Magistrate said he was of the opinion that the driver of the van was not keeping a good look-out. Judgment would be for the plaintiS for £35 and cosfe. CLAIM FOR GOODS.' Emily Agnes Grant (Mr R. A. Cuthbert) t* Levy « Proceeded against her husband John Lewi3 Grant, a farm labourer (Mr W. F. Tracy), from whom she is separated, on a claim for household effects and Wedoing I presents of. a total value of £177 15s. An additional £lO was claimed as compensation for the alleged unlawful detention of the goods since January: 17th. The case was part heaid and adjourned till Wednesday. IN OTHER PLACES. SUPREME COURT SENTENCES. (PBZSS ASSOCIAEOK THiORAMS.) ' HAMILTON", March 1. At.the Supreme Court John Hunter,-who was &und guilty of attempted theft of & ] watch by snatching if from an elderly mas

in a hotel, waa sentenced to one year's traw» charge assaulting two voung girls at Taumarumu. The jury disagreed and a new tnal was NEW* PLYMOTJTH, March 1. In the Supreme Court, the following prisoners were sentenced: —Joseph Bwnttt, three charges of forging and uttering, one year's imprisonment on each charge, and lor the theft of a cheque book, one month s imprisonment, the sentences to be concurrent. He was declared an habitual criminal. William Lamb, carnal knowledge (two counts), five year? imprisonment on each'charge, tha sentences to be concurrent. John O Grady,attempted unnatural olfence, two years' reformative detention. \ NAPIEtL March 1. • At the Supreme Court this morning Horace •Hartmon was sentenced to two years' imnri'onment for breakfn? and entering and theft. His companion, Reginald Cooper, was granted probation for three vears under strict wndifioTis. For the theft of £578 from Thomas Cook and Pons, for whom he was agent, Charles Leslie Ling was sentenced "to "two years' imprisonment. THvid Hodees, found sn'ltv of the theft nf railway moneys, was sentenced to six months' innvrisonment. TNTERCARGILL. March 1. The following prisoners were sentenced in the Supreme Court:—Thomas Moffett, for shooting a horse, probation for two years, on condition that he refrains from drinking and smoking. William Evans, carnal knowledge of a girl fourteen years of age, four vears' reformative detention Georee Cross vio'ent assault, one month's imprisonmentwith hard labour.' John A. Stnnaway theft of £lO of Government money, twelve months' reformative detention.