THE COURTS.

Press, Volume LX, Issue 17990, 6 February 1924, Page 3

THE COURTS.

SUPREME COURT. TIMARU. The quarterly secsions of the Supremo Court opened at Timaru yeterday morning, before hi.i Honour Mr Justice Adams. The Grand Jury was empanelled as follows:—Messrs J. E. Pigott, E. J. le Cren, W. R. Simpson, F. P. Allen, S. G. Clclland, W. D. Eevell, H. D. McDougall, "W. G. Irwin, H. J. Harding, M. J. Boyle, A. i". Boys, W. A. Dennison, G. R. Joyce, G. T. Wi".6on, H. Innes-Jone3, TV. Ramsay, H. Marriott, T. Seaton, F. A. Raymond and A. Kennedy. CRIMINAL CASES. William Roy Bennett, of Geraldine, postal clerk, pleaded guilty to theft from tie Post-master-General of £4O. Mr \V. D. Campbell, who appeared on his behalf, gave an outline of accused's history. Accused split two notes and used them in the hope of making the cash right later on. He made an appeal for probation, stating that there waa a business man in Timaru who would put accused to a trade.

Mr White, Crown Prosecutor, applied for confiscation of £l2 7s, money found on accused.

His Honour said he would commit accused to probation for two years and order him to make restitution of £2B to tho Postmaster at G-eraldino., Ho would also be ordered to pay the cost 3 of the prosecution. Arthur Stace, of Waitohi, labourer, pleaded guilty to forging and uttering a cheque for £l2.

His Honour said accused had been before the Court on other occasions. The circumstances made it painful to sentence tho prisoner. He received 12 months, and £3 odd in the hands of tho police was ordered to be paid to Martha Lucy Butland. Robert Bertram Penny, of Waimate, pleaded guiltv to breaking and entering and theft' of" 14s. Mr J. Emslie appeared for the accu-ed, wh 0 wn-ft admitted to probation for 12 months, a condition to be that he restores the stolen money and pays the costs of the prosecution. FOR TRIAL. In the case for trial, of Raymond Walker, of Geraldine, labourer, charged with arson (wooden huilding valued at £3O) the jury returned a. verdict of no bill. IN BANKRUPTCY. Harris Grand was granted a discharge from bankruptcy. CIVIL BUSINESS.

The case of John Logan (Mr W. H. Walv. Patrick O'Hagan .iMr J. Kmslie) for' £IOO damages lor alleged trespass 01 workmen constructing a drain on trie land of the plaintiff and an injunction ordering the defendant to restore the land to its original condition, was adjourned until next sitting. " Some little time ago the Timaru Borough Council and Timaru Harbour Board decided to institute a friendly action to decide whether the Board'*, reclaimed area was liable to be rated. The case was heard yesterday afternoon and the Council claimed £577 14s 2d aa rates due. The area is not used by tho Board.

Messrs W. E. Kinnerney and L.E. Smith appeared for the Council and Mr W. D. Campbell represented the Board. After hearing argument his Honour reserved h.l'3 decision.

MAGISTERIAL. TUESDAY. (Before Mr Wyvern Wilson, S.JI.) DRUNKENNESS. William Wilson Taylor was convicted and fined 20s, in default 48 kouis' imprisonment. Wilhelmina Ann Chambers nai c-.arg*d with being found helplessly drun-v at KaUpoi and further that she procuied liquov during the currency of a proaibi.ion order. Senior-Sergeant i'. Lewin said the accused had been before the Court previously. Tho last time she was charged with being a rogue and a vagabond. He understood that she had been then found on tne Hangiora Bvewery. Constable Warren said that when he arrested the accused, she was near a fence and she had slept out all night. Her husband had said that she had been out two nights. The accused smelt strongly of liqu>r and witness found a bottle near where sh3 lay. The condition of the woman was dirty and medical treatment was necessary. Tho accused Gaid she did not remember being drunk but she said she was subject to fits. She Btated that her husband, Charks Chambers, supplied liar wi'.h liquor during the" currency of ner prohibition order. On the charge of drunkenness, tho accused was convicted and ordered to pay 15s medical expenses, in defau't, 4S hours' imprisonment, and on the charge of procuring liquor during the currency of a prohibition order, she was convicted and fined 40s, in default, 7 days' imprisonment. ALLEGED THEFT. Clive A. Wood, 2d years of age, was charged with having at Dunedin received a cheque for £l3 10s from Thomas Powell on terms requiring him to account for th» same to Victor Carmine and did fraudulently convert the same to his • own use, therebv committing theft. On the application of the police, the accused waa remanded to appear at Dunodin on February Sthl MAINTENANCE. Martin John ilullaby, for diobedienco of a maintenance order, was sentenced to three months' imprisonment unless he keep 3 up current payments under the order ani j pavs 3s a week off the arrears. ' j Leslie Horace Priestley w i3 sentenced to j three months' imprisonment, failing pay- , ment of 15s a week under a maintenance orde' j for arrears and maintaining current payments }

AUCKLAND SESSIONS. THE WAIKINO MURDER. ® (PBESS ASSOCIATION- TELEGEAM.) AUCKLAND, February 3. In hi 3 charges to the Grand Jury at the opening oi the criminal Eessions of the Supreme Co-art, Mr Justice- Stringer said that

the most serious case vraa tKat against John Christopher Higgius, arising out of tho tragedy at tho Waikino school* There could be no doubt that two children were actually shot and killed. Tho only possible answer to the charge was that the man was insane at the time of committing the act. With that-, however, the Grand Jury was not concerned. The onus of proving ho was insane was upon tho accused, and if that question were raised it would bo one for the common jury.

Referring to the charges against James Wilson, town clerk, and Hilda Tui Inghom Faulbaum, cashier of the Dovonport Borough Council, tho Judge said it appeared as if irregularities had been taking place for months, if not for years, Wilson inducing the cashier to give him money from 610 Council cash box. She held his until ho was In a position to pay. There was £3OO not accounted for. Each blamed tho other for tho continued deficiency of £3CO. If Wilson could establish that he always gave cheques for money borrowed and redeemed those cheques, lie would not be responsible for the .deficiency. His Honour advised the Grand Jury to find true bills against both.