THE COURTS.

Press, Volume LIX, Issue 17939, 6 December 1923, Page 7

THE COURTS.

SUPREME COURT. (Before hia Honour Mr Justice Adams.*; IX BANKRUPTCY. The following discharges in bankruptcy were granted yesterduy :—John Spencer Daniell (Mr P. P. J. Amodeo), Albert Ernest Poung (Mr E. "W". White), Ernest Albert Smith (Mr H. O. IX Meare3), Robert Aiian Macphail (Mr Meares). A. motion ior the reversal of a decision of the Oflfcial Assignee in rejecting proof of debt for £990 lis lOd, by James Ainger, in the bankrupt estate of T. Mitchell, formerly a cabinetmaker of Christchuxch, was heard yesterday. The motion was moved by Mr W. J. Sim for James Ainger, receiver for George Scott, debenture holder in Thomas Mitchell, L'.d. Mr A. T. Donnelly, who represented the Official Assignee, opposed the motion, and Mr J. R. Cuningham watched the case on behalf of Mitchell, who applied for a discharge. Mr Sim said that Mitchell received moneys without proper authority from Thomas Mitchell, Ltd. The Official Assignee admitted the claim by the receiver to the extent of £79 9s Gd, but rejected the balance on the ground that the sum was the total cash received by Mitchell and not accounted for. Mr Donnelly said it was one-man company. Mitchell had received regularly £5 10s a week, but that was less than the wages he had paid to his carpenters. The company was taking £30,000 or £60,000 a' year, and Mitchell was entitled to £6OO or £7OO a year at least. He did not appreciate any distinction between him and the company. He drew moneys from the company, but they were no more than a reasonable remuneration for his services. Another Christchurch firm, in the same line, one-third larger than Mitchell, Ltd., paid its mannger £IOOO a year. Mitchell had handled moneys in a slovenly manner, but he felt that *he business belonged to him and that he could do aa he liked.

His Honour made an order admitting proof of debt by the receiver for £790. Mr Sim was allowed £5 5s- and disbursements. Mr Cuningham then moved for Mitchell's absolute discharge.

Mr Sim said the receiver did not oppose the discharge. The facts, however, suggested fnnt there had been an almost wilful intention on the part of Mitchell to get rid of his assets na quickly as possible in view of certain bankruptcy. Counsel asked that one of the conditions of discharge should !*j the enter-ins of £IOO against Mitchell. Mr Cuningham said Mitchell had not been extravagant. At present lie was -working in Wellington as a machinist at £5 a week-ffor a man he had previously employed. "This debtor has had a somewhat chequered career in business," said his Honour. "As a director of the company, he had got it into serious trouble. Converting his private concern into a limited company, with only two shareholders, he had an impression that the business still was his own. As a result, the claims against his estate were considerably larger than they would have been otherwise. As no creditors except the receiver for tho debenture-holder in the company opposed the discharge, and as no objection was" made by the Official Assignee, the discharge would be granted.

Tho application made by Mr Sim was not allowed.

William-Cochrane (Mr P. D. Sargent), res-taurant-keeper, also made application for a discharge in bankruptcy. Mr Sargent said that Cochrane wished to make a fresh start in business for the sake of his family. He had been in business in Timaru, but had not been successful there, and he came to Christchurch. He filed in order to secure equal treatment to Christchurch creditors with Timaru creditors.

His Honour said that the bankrupt had hod a somewhat meteoric career. He failed in one business, went into another, failed in that, and then_ went into anotSer and failed again. He had two classes of creditors, one would receive 16s in the pound and the other nothing. No business man could" succeed if he had to pay for a large part o" the money he used, anything like the moneylenders' charges The bankrupt began with £IOO and a motor-car, and took a cafe at £IOOO. He sold the car for £llO, giving him a total capital of £2lO.

Mr Sargent said that Cochrane filed his schedule on the advice of counsel, when he realised; that, an arrangement with hia Timaru creditors gave them preference. If the position was equalised, there. would be a- dividend for all creditors of 8s in the pound.

xiis Honour said tha-t, in view of the Official report and of the facts, the position should be investigated. The dis charge could not bo granted at that time' the app.icahon must stand over until the February sitting of the Court.

MAGISTERIAL. WEDNESDAY. (Before Mr Wyvern Wilson, S.M.) DRUNKENNESS. A statutory first offender was fined 5s and cos us. UNREGISTERED FIREARMS. James Joseph Coleman was charged with having in hi 3 possession an unregistered firearm. It was stated that Coleman had discharged the firearm in the direction of lus neighbour's house, with, tue object of scaring' them. Coleman said he had been an invalid for eight years. He admitted having possession ot a litie, which, he said, belonged to his brother. People had been annoying him, and he had wanted to gn-o them a scare, no that he might be left in peace. The Magistrate said the present mischief was the sort the Arms Act aimed to prevent. It was no justification to discharge a rifle to frighten neighbours'. , The case was a serious one, and defendant would be fined £lO and costs. Hay Westerman v/as charged with bringing a rifle into New. Zealand without' ft permit, and, further, .with having an unregistered firearm in • his possession. He was ordered to pay costs on each charge. BOUND OVER. Dorothy Hahu and-Elizabeth Hann (Mr J. B. Batchelor) sought for un order that Alan William Beasley, Halswell, should- be bound over to keep the peace. Mr Batchelor said that on Noveimber 18th, the defendant had corns the complainants' home and found the two gills in the orchard. Defendant asked;, the elder girl to come out for a walk, arid, wheri she refused, he used threatening'.language and struck the younger girl. The defendant had also used threatening behaviour towards the mother. Elizabeth Hann and her two daughters gave evidence in support'of counsel's statement. The Magistrate ordered that the defendant find a recognisance for £SO with one surety that he keep the peace tor six months, the bonds to bo given within fourteen days. DISMISSED. John Jame3 McVicar (Mr A. S. Nicholls) was charged with being on licensed promises after hours. Sergeant R. Almond said he waß on duty nt 10 p.m. in Manchester street, and. sa.w the delendant leave the hotel with Cither man. He interviewed tho two men, and found that one man was a lodger. The defendant admitted having had one drink in tho hotel. Both defendant and the other man were showing signs of liquor. Mr Nicholls said the defendant worked in a hairdresser's saloon-near the hotel. Defendant went into the hotel to see a man najned Grant about going to the races on Mond-ay, and had one drink with Grant at the latter's invitation. Defendant in tht box stated that he was working up until nearly 10 o'clock on the night in question. The Magistrate accepted defendant's explanation and dismissed th 0 information. OBSCENE LANGUAGE. William John O'Shea was charged with using obscene language on December 4th. Constable King gave evidence that on Tuesday he was walking down Manchester street with a fellow-constable, and the accused came up from behind, bumped into witness, und used obscene Jan<*i!a<»e The accused said lie did not "think he used the word complained of. He buniDed into one constaole and said. "Look out," and thought he used a foreign expression, meaning "Hurry on."

The Magistrate said he did not doubt

that the language had been used', and inflicted a fine of 40s und costs. SPEEDING OVER A CROSSING. Dr. Francis Vivian . Bevan-Brown (Mr A. A. McLachlan) appeared, to answer two charges of driving a motor-car over a railway crossing when the line -was not clear. Mr A. W. Brown, who appealed for the Railways Department, said that on the first occasion defendant travelled over the Colombo street crossing and only missed a shunting engine by 15 feet On the second occasion, the defendant missed a (rain by about 18 feet. No notioe was taken of the ' flag or the bells which were ringing. Mr McLachlan said the defendant was a medical practitioner who had a number of argent cases to attend and considered that he was justified in taking some risk to get to his patients. The Magistrate said the dffendapt wns not justified in breaking regulations and fined him 20s and costs on each chnree. ILLEGALLY ON RACECOURSE.

Frank Thomas Luce pleaded guilty to a charge that being a person excluded from a racecourse he was found on a course at a race meeting. A fine of 20s and costs was inflicted. OPEN AFTER HOURS.

Winifred Weston p'caded not guilty to three charges—of keeping her shop open after 9 p.m. on a Friday night, of keeping her shop open after 1 p.m. on a holiday, and of carrying on business after hours. On each of the first two charges she was fined 20s and costs, and on the third charge, £3 and costs.

(Before Messrs P L. Davies and F. H: Christian, J.P.'s.) FORGERY.

Thomas Keeling Hickinbotham, 35 ycturs of age (Mr W. F. Tracy; appeared charged with having forged the name of Jano Wilson to a receipt for £22 18s lOd. He «w further charged with having torged the name of J. Wilson on an endorsement to a cheque for. £22 18s lOd drawn on the Union Bank of Australia, in fa void.- of one, J. Wilson.

Chief-Detective A. Cameron said that accused had been on accountant for Booth, Macdonaid, Ltd. Mrs Wilson deposited £2BO with the firm at 5 per cent, interest. She subsequently had £322 18s lOd to her credit. She drew £3 JO and lefi tiie £2l 18s lOd. On December, 1921, tho ledger showed that the balance _ was diawn, but Mrs Wilson did not receive it. The endorsement had been forged. The accused had made a statement to the police in which ho admitted his wrongdoing. William Samuel Newburgh, auditor, said that Hickinbotham had admitted forging ths endorsement and the signature' to the receipt. The accused pleaded guilty to the charges and was committed to the Supreme Court, for sentence. Bail was allowed a -jlf in £2OO and two sureties of £IOO each. COMMITTED FOE SENTENCE. Hugh Owen, a middle-aged man, appeared charged that on Movembctr :iSth at Cashmere, he did do nn indecent act thereby offending a fourteen-year-old boy. He was further charged that on December 3rd, r.t Ciinstchurch, he did commit theft from the perso i of one John Kennedy, of about £1 in money and a parcel containing clothing valued at £?. 15s lOd, the property of the said John Kennedy. Mr D. S. Murchison appeared for the Rhodes Convalescent Home, and asked that the names of the witnesses and the Home be suppressed. The Bench, without referring to the Horns, said that the publishing of the :iam.-s of the witnesses could be left to the discretion or the Press. Chief-Detective A. Cameron 6aid that the accused and the boy were inmates of the Rhodes Convalescent Home. The accused had acted in a most disgusting way towards the boy. The accused's ir.d:cent act had become known and he w:;s discharged from the Home. Aftn: leaving the Home he became acquainted with a man named Kennedy. On the day of the theft the pair had been drinking together, and while walking with Kennedy, the accused stile from him the. money and the parcel. The accused pleaded guilty to both charges and was committed to the Suprern; Court for sentence. "A DIRTY TRICK.'' Herbert John Newton (Mr B. H. Livingstone) appeared charged that on December Ist he did rob one Norman Thompson of a watch and gold chain and a sovereign case, of a total value of £2, and at the same time, he did use personal violence to the 6aid Norman Thompson. .Chief-Detective A. Cameron aaid that on

Saturday, the day of the theft, the accused met a man named David .Uenry in the Square shortly before six p.m., and walked along the street to the Cafe de Pans, and had some liquor there. Henry bought a bottle of whisky, and together they went out and met Thompson who was known to Henry. The three men walked to Latimer square for the- purpose of drinking- the whisky. They drank it and were all apparently friendly until Newton suddenly jumped up and struck Thompron a heavy blow on the side of the face vrhioh dazed him, and made a gTab at his watch and chain. Henry told Newton that it wa3 a "dirty trick" or words to that effect, and ha received two blow 3 from him which "knocked him out.' Tlie acetified then disappeared with ffi& watch and chain and the sovereign case. Thompson reported the affair to the poMce on the following Monday, and Detectives Newman and Baylis interviewed the accused, who denied all knowledge of the offence. Later the watch was found on him, and tha sovereign case and the chain were found in his house. The accused pleaded not guilty, and was committed to the Supreme Cotirt for trial. Bail was allowed self in £SO and one surety of £SO.

IN OTHER PLACES. DIVORCE CASE. : (press association telegram.) ■HAMILTON, December 5. At the Supreme Court, James Bear was granted a divorce from Annie Bear. The co-respondent, Albert Edward Gregory, was ordered to pay £625 damages. Evidence was given that Gregory went a.3 a boarder. The husband discovered him and Mrs Bear- in compromising circumstances. Both denied misconduct, the wife saying that the husband was very cruel to her and two children of a previous marriage. PRISONERS SENTENCED. (PRESS ASSOCIATION TEI.EOEAM.) AUCKLAND, December 5. At the Supremo Court, Thomas William Hill, aged twenty-eight, a T.B. patient, ■wns sentenced to seven years' detention for indecent assault on a ira'e. Mr Justice Stringer said that the Prisons Board would place the prisoner under the most suitable conditions. Robert Irwin Meaclom, on four charges of false pretences, involving .£229, and the theft of poods valued at £Ufl. shortly after his release after having been declared a habitual crirr. inal, was sentenced to two vears' imprisonment.