THE COURTS.

Press, Volume LIX, Issue 17749, 28 April 1923, Page 6

THE COURTS.

SUPREME COURT. m BANCO. (Before Ma Honour Mr Justice Adams.) John Brocker, labourer, of Christchurch, and with him the Rev. F. Rule, superintendent of the Presbyterian Social Service Association, made an application for an order directing Annie M. Brocker, boot maohiniet of Auckland, and wife of J. Brocker, to return her two sons to the Presbyterian Boys' Home, Christchurch. Mr W. J. Hunter and Mr W. F. Tracy appeared for the plaintiffs. His Honour, after hearing the plaintiffs' cose, made an order for the return of the children. PBISOJJERS SENTENCED. Alfred Ernest Smith appeared on a charge of the theft of a piece of tweed, a bag and several other articles. Mr A. T. Donnelly, the Crown Prosecutor, recommended that probation be granted to the prisoner. The accused had married after the offences had been committed, hut the present charge had arisen through failing to report to the probation officer, a stipulation in his probation. Probation was granted for three years. the prisoner being ordered to pay £3 Is costs, and make restitution of £4 2s 6d, the amount owing on ft cheque. Smith was further ordered to take out a prohibition cider against himself. Clarence Featherstono Bexar, for the theft of a bicycle during his period of probation, was sentenced to twelve months' imprisonment. A DOCTOR CHARGED. Mr A. T. Donnelly, Crown Prosecutor, on behalf of the New Zealand Medical Board, moved to have the name of Charles Themier, medical practitioner, struck off the roll on account of impropriety and misoonduct in a professional case, in that he seduced a patient under his care, who, by reason of ill-health and mental and moral weakness and reliance on his professional advioe, was unable to protect herself from him. Mr Donnelly stated that Theimer had practised in different parte of Canterbury, and recently at Amberley. Theimer had recently gone into the Sunnyside Mental Hospital as a voluntary boaTder, but he was found to be weaik mentally and had been retained as an inmate of the institution. Mr H. H. Hanna appeared on behalf of Theimer. An order waa made causing Theimer's r..wne to he struck off the roll. YOUTHFUL BURGLARS. John Younger, aged 19 years, Clifford Herbert Holden, aged 19 yeais, and John O'Connell, appeared for sentence on a charge of some twenty-two burglaries in Christchurch at the end of hut year and the early part of this year. Mr R. Twyneham appeared for Holden and Younger and Mr W. J. Hunter for O'Connell.

A plea for probation in all cases was refused.

Mr Twyneham said that Younger was educated at the East Christchurch School and the Technical College. His parents were respectable people. He now had broken away from the Influence of the little gang that committed the crimes. His former employed? at Lincoln gave him a good character. He hod been in gaol for five or eis weeks awaiting trial and sentence. Holden was one of a family of six ohildren; his mother was a. widow in particularly poor circumstances, and he had heoit trouble. Ho was educated at the Harewood road School, but left when he was 14 years of' age. He was concerned in only two or three of the offences, all of a. minor character. Mr Hunter said that O'Connell's parents were thoroughly respectable. He had a good home, in which be waa subject lo the best influence. He had attended the Mariat Brothers' School, and was a good footballer, having been a member of a team which, in his time, was unbeaten in the competitions. The Friendly Societies' Dispensary, where ho had been employed, gave him a good character. He showed ft preference for cheap literature, notably the "Penny Dreadfuls, with detective stories. That influence lea him astrav. If granted probation his i Brents would do everything they could to prevent his committing any offence sgri'). Hia Honour stated that the offences to which the accused had pleaded guilty were of a very grave nature. There seemed to be an impression amongst a certain < class of young people that it was quite safe Joi them to commit offences of this nature, tut 1 that view must be- corrected. Holden was sentenced to reformative treatment lor three years, and Younger and O'Connell to similar detention for five yeais.

MAGISTERIAL.

FRIDAY. (Before Mr Wyvern Wilson, S.M.) DRUNKENNESS. ' A first offender was fined 10s, in default 24 hours' imprisonment. M&«"io Moore, aged 42 years, an old offende" was fined .£l, in default seven days imprisonment. • Mary Jojfce, who was charged with drunkenness, had 59 previous convictions against Defendant was convicted and discharged on the understanding that Bhe was to go back to Mt. Magdala Home. BREACH OF PROBATION. Stewart Hall, alias Walhalla, pleaded guilty to a. charge of having failed to comply. With, the terms of his release on probation. lie was convicted and remanded for sentence until May 2nd. VAGRANCY. Joseph Scott, aged 54, was charged with boirag an idle and disorderly person in that he had insufficient la.vful visible means of support. , Senior-Sergeant Lewin aaid the man had been in the Salvation Army Home. Ho would not keep himself clean. Major Barnes said that tne Army officers could no nothing with defendant. Defendant was remanded until Wednesday. REFORMATIVE TREATMENT. Victor Hugo Greaves, aged 24 years, pleaded guilty to the theft, on March 19th, of an overcoat, valued at £5, the property of Clifford Arthur Goodwin. He was also charged with the theft of a rug valued at £2, the property of some person unknown. On the first charge he was convicted and sentenced to be detained for twelve months for reformative treatment at the BoTstail "Instituto. On the second he was convicted and ordered to come up for Sentence when called on. REMANDED. Robert McLaughlin, aged 28 years, was charged with the theft of a violin and case, valued at £lO, the property of Donald Tweedie. He was remanded til] May 2nd. BOY'S THEFT. Edward Hibberd, aged lb years, pleaded guilty to having stolen 2s, the property of Cecil Stokes, at New Brighton, on April 3rd. The father said he could not understand why the boy had stolen the money. Neither his son nor he were regular church-goers. The Magistrate icinarkod that in that case the boy would not know the "thou shalt note" and "thou shnlts." The case was adjourned for twelve months, iiiid accused was ordered to report to the Anglican clergyman at New Brighton monthly. An application for suppression of the boy's name was refused. TRAINER CONVICTED. William George Moody, a trainer (Mr C. S. Thomas), pleaded not gv.ilty to a charge of having stolen a bicycle valued at £6, the property of Alfred Hamilton. In the alternative .he was charged with having taken the machine without colour of right. In evidence Moody said he had found the bicvole at_ the back of the Islington Hotel. Ho took Ihebicyclo home, but had no intention of keeping it. He hud not seen it advertised. The Magistrate thought that Moody's action amounted to theft, as it was none of his business to touch the bievcle. He peemed to have exercised the right of ownership over it and lent it to other people. Accused was fined £5 and costs, and the bicycle was ordered to be returned to the owner. MIDNIGHT JOY HIDE. Malcolm Forbes Hobilliard, an Ashburton bank clerk (Mr C. -S. Thomas), was charged with having taken a motor-car without colour of right on March 31st. Mr Thomas stated that defendant had been met on his arrival at Sumner, on tie last car, by two other young men and a young woman who had a motor-car. They suggested a spin, and Robillicrd agreed, as he thought everything was above hoard. ' Then he became suspicious, and found out definitely by the number i.-late, that the car belonged to an Ashburton man. TTie next morning he told the owner what had happened. After hearing the evident* of Hobilliard and the young woman, tie Mwdstrate Mid

that defendant had not committed a criminal act. The charge would be dismissed MISTAKEN FOR a RABLIT. Bruce Edward Carpenter yaged 17 years pleaded guilty that, on March 30th, atSumner. he discharged a firearm on Mt. Pleasant road. Defendant explained that he and another '.•oy wero out after raVbiis. He saw some;hing white in a tussock and fired, believing it to be a rabbit. As a matter of fact it n-as a young ladv, who was shot in the wrist on the hills some time ago The Magistrate waned defendant to keep away from the road when he let off hie pea rifle in future. A fine of 10s and costs was imposed. ECHO OF EAIAPDI FATALITY. Allan Cordner Midjely pleaded guilty to a ;haxgo of havins* driven a car at a dangerous speed through the Square. Midgely waa the driver of the car which overturned in the early hours of March Bth in Beach road Kaiapoi, and killed Kenneth Edward Manttan' The offence with which he was charged took place before midnight on the night of the accident. Senior-Sergeant Lewin said that the defendant drove into the Square at about 40 miles per hour. He missed a standing taxi by inches, and the women in the car screamed. His oar speeded towards Worcester street East, and went round the corner with two wheels off the ground. It nearly struck some trailers. Had a.nyono been" in the vicinitr they would havo been killed. "Theii isi only one way to tiieat you," remarked the Magistrate, and fined defendant £lO and costs. STONE-THROWING. Annie Charlotte Dnuy was charged) that, on April 19th, she threw stones to the danger of persons and property. Defendant said sho had 1 thrown apples, not stones. Lilian Mary Hancock exhibited a large stone which she said had been thrown <vt her. She had been talking to a sister of Miss Drm.y'si when the latteo: threw the stones, nono of which hit her. Defendant: It's e pity I didn't pull your hair out!" A neighbour, Douglas John Wellburn, said stones were often thrown by Miss Drury.' The Magistrate warned defendant that if she did not behave she would render herself liable to a fine of £5. Defendant vma convicted, and sentence was postponed for two months. A GUARD ASSAULTED. Three young men, Michael Farrell, Charles Francis Griffiths, and Edward John King were charged that on March 4th they travelled on a train between Kaiapoi and Chaney's without having paid the proper fare They were further charged that on the same date they unlawfully assaulted Thomas Berry, a guard on the train. Mr F. D. Sargent appeared for the accused. Benry said he waa a guard on the train. At Chaney's the three men got off the train and as witness knew they had not paid their fares, he asked' them to do so. They refused, and witness again nsked them for the money. The other guard came along and the ruon paid up. When witness was juinip'ng on the train one of (he men pulled him off and hit him. He missed the (train and had to go on later. Witness said that he had been an Army and Southern Counties boxin > champion, and he ''went for" the men. The men had had liquor. Mr Sargent said that the men had gone b> a dunce at Kaiapoi. Bern- was the aggressor all thuough, and he had threatened the men and finally hit one o{ them. King stated that the men had offered) to pay _ their fares when the guard, lit up the carnage they were in, but Berry refused to take the money, and said he would como back. Witness believed that one of the men had paid the fares for the three o* them. In regard to the occurrence at Chaney'a he said Ifcvt Berry lwd hit him without provocation and dazed him. Ho retaliated and knocked Berry down a, slope. The guard picked himself up and ■ said, "I've had enough." Witness offered to get him a taxi. Sergeant Quartermain: Have you ' ever been in the ring?—No, what I know I'vo picked up from my mates. Do you mean to say that, although you were dazed, you knocked out the champion of the British Army?— Yes. I put it to you that he was dazed when yen knocked him'out, by your first hi..w. King admitted that they had hadi two drinks outside the dance hall. The Magistrate said that the three mien had told an ext:norcUnary story. A guard did not "berserk" without "provocation. The guard's ?tory was substantially a true one. The men would not bo convicted of failing to pay their fares, oft they had done so, but they would be convicted of assault. The guard had been mounting the train when ho was attacked and pretty badly handled. Such conduct on the pant of young men, who had filled themselves up with drink, was not to be tolerated. They "would be each fined £5 and costs. They were ordered to pay the fines in weekly instalments of 10s. BY-LAW CASES. i Donald Campbell Bovren and William Collard Gi.ant Mackie were each fined 10s and costs for cycling- without lights. For cycling on the footpath William, Flynn and Stanley Nicholson were each fined 5s and oosts.

For driving cars at night without rear lights, Gerra't van Asch and Bernard B. Wood wore each fined 5s and costs. TJlick Dolan was ordered to pay 7s costs on a similar charge. ASHBURTON. (Beforo Mr E. D. Mosley, S M.) JUVENILE OFFENDERS. At a sitting of the Juvenile Court, two small lads were charged with entering the Wakanui School and damaging two books, the property of Emily Be-gg. The lads were placed on probation lor twelve months, the charge to be then withdrawn if the lads behaved themselves dn the meantime. BY-LAW CASEi. For having an unregistered motor-cycle, G. Healey was fined 10s. j J. McAnulty was fined os and costs for not (having a number on a motor-car. John Mclntyro was fined 20s, with 12s costs, O. S. C. F. Porter 20s and costs ior speeding with motor-cars. CIVIL BUSINESS. In a civil caso, the Staveiey Dairy Company (Mr u. H. rSuclnmun; claimed iroin L. a. oyme (Mr K. Kennedy) ±"l2 bs 6d tor four cases of pctroi and two caiC3 of kerosene supplied. Judgment was given lor the plaintiffs for the luil amount, and costs £i Bs. L. A'. Newman (Mr U. H. Buchanan) claimed from Church tiros (Mr A. K. North} i' 67 ]7s 5d for damage lo and the loss of tho use of -a motorcar through a collision with the defendant's traction engine, on tho Methvcu load. It waa submitted that the traction engine wrs obstructing the road while water wns being t.:kcn in, between ten and eleven o'cio-jk at night, and that the only lisrht on the traction engine was a small hurricane lamp lung at the side of the engine. After lengthy evidence had been taken judgment was given for plaintiffs, with costs.