THE COURTS.

Press, Volume LX, Issue 18016, 7 March 1924, Page 6

THE COURTS.

SUPREME COURT.

CIVIL SITTINGS

t ßefore his Honour Mr Justice Macicregor.)

CLAIM AND COUNTER CLAIM

The hearing was concluded yesterday ol th e case in which £• Saunders, motor-driver, ,\Mr U «• Sim! proceeded against Alexander v.. FaTconer (Mr 0. T. J. Alpersl for £s3.special and £65 general damages, as a res.lltol a collision between his car and defendant a car at the corner of Papanui road, and road on October 7th, 1923. The defendant counter-claimed for £165 damages Before the hearing was resumed yesterday morning the jury of four viewed the scene of the accident. • „ +i,_ Claude Lionel Green, who resides in the vicinitv of the soene of the collision, stated that immediately after measurements were taken After the accident, Saunders appeared quite collected, while Falconer seemed agi U Fr»nk Newell, garage proprietor, said the depreciation to plaintiffs car was between £SO and £6O. Defendant's car, he tnought, would suffer about the same- depreciation In opening the case for the defence, Mr Alpers said there would be a direct conflict of evidence, and he would submit that the case as put by the plaintiff was untrue. Plaintiff had broken the by-law m the manner in which he turned out of Normans r °The defendant, in evidence, said he was driving up Papanui road at between eighteen and twenty miles an hour. He was about fifty yards from Norman's road when flei became aware of the plaintiffs car approaching the corner. He slowed down and moved further to his left hand side of the road. After plaintiff's car had got out on to Papanui road it turned in again. Plaintiff cut the corner. It seemed to witness that plainfff "gathered him in." By the time the collision occurred both cars were going very slowly. Plaintiffs car was practically in the gutter. Witness denied that he took his hands off the steering wheel prior to the accident. . . Maxwell Hugh Boyd, motor mechanic, who was a passenger in the defendants car, also ga oliv e eFa e wife of defendant, said that her husband never drove at over 20 miles an hour,on Papanui road or on Colombo street. Her attention was drawn to the im pending accident by her husband putting on the brlkes. Shs saw Saunders s car immediately in front. His oar was moving. She did not see her husband raise both hands five yards before the collision John H. Pennington, lecturer m electricity at the School of Engineering, who was a passenger in Falconer's car, estimated the speed of the car at between 18 miles and 20 miles an hour. Witness saw nothing to indicate that Falconer lost control five yards before the impact occurred. James Armstrong, a former tramway* motorman, estimated Falconer's speed at not more than 20 miles an hour. _ Irene Monica Boyd, a passenger in defendant's car, Frederick William Jones manager of the International Harvester Co., and Herbert Mcintosh, city motor inspector, also ga Co-nn V sei e addreaeed the jury, and his Honour summed up. . , After a retirement of fifty minutes, the jury returned a verdict for plaintiff for the full amount claimed. The counter-claim was dl Jud^m 3 ent was given accordingly, with costs on the lowest scale, and £5 5s second day allowance, disbursements, and witnesses' expenses to be fixed by the Registrar.

MAGISTERIAL.

THURSDAY. (Before Mr H. T. Widdowson, S.M.) DRUNKENNESS. A first offender was convicted and fined 10s in default 24 hours' imprisonment. Samuel James Martin, 47 years of age, -who pleaded guilty to charges of drunkenness and procuring liquor during the currency of a prohibition order was ordered to pay 7s Bd medical expenses, in default 7 days imprisonment. ALLEGED FALSE PRETENCES.

Flora Duncan (Mr F. D. Sargent) appeared charged that she did procure the sum of £6 by means of a valueless cheque, drawn on the Bank of New Zealand. Detective-Sergeant Connelly asked, for >.'» remand' until March 12th. He said the Accused had only been arrested that morning at Darfield, and there were several other charges pending. The remand was granted. Bail was allowed, self in £SO, and,one surety of £SO.

THEFT. Harry Sadler, 40 years of age, appeared for sentence on a charge of stealing a watch and chain and two gold medals, valued at £lO 10s, the property of Gordon Nelson Everest. Detective-Sergeant Connelly , said the accased was a stranger to the police in- the South Island, although he had several convictions against him in the North Island. The accused admitted tha't he had been convicted three times on charges of theft in Auckland. The Magistrate said the theft was a particularly mean one. "It seems to me that this is the sort oi man the public should be protected against," he said. "You will be convicted and sentenced to six months' imprisonment with hard labour." CIVIL BUSINESS.

Judgment by default was given for the plaintiff in each of the following cases: Diamond and Hart, Ltd. v. Horace Cornish, £3 10s; William Williamson v. W. Dixon, £l6O 4s 3d; Massey-Harris Co., Ltd. v. Thos. R. Cowie, £25 12s 7d; A. M. Sugden v. Robert Willyams, £l2' 4s; Florence May Ball v. E. Graham,. £1 12s 6d; Bing, Harris and Co., Ltd. v. Tyson, Hodgson, £3 6s Id; E. T. Cowper v. Stanley Leigh, £7 16s; Ashby, Bergh and Co. v. G. Eow e , £10; John Peters v. E. A. Brooks, £3 6s; A. W. Buxton, Ltd. v. C. G. Jones, £l2 6s 9d; E. W. Pidgeon and Co, v. Boy B. Stafford, £6 13s 9d; William C. ColliM v. J. A. Hobson, £8 16s lOd; William Bayliss and Son v. J. Barron, £2 2s Id; Malcolmson and Co. v. Hooker and Gunderson, £3 7s 6d; J. Buaton v. Mrs J. Wolfe (costa only); R- A. Robertson and T. L. Tullock v. W. C. Manttan, £7 16s 8d; C. D. Gough and Son v. Sydney Forscutt, £2 17s; Massey-Harris Co., Ltd. v. J. W. Finnerty, £ls Is; C. E. Hollis and Co. T. George E. Peterson, £2 2s 3d; E- H. Andrews v. James T. Moore, £9 8s; Pepplers, Ltd. v. Leonard Coakley, Ltd., £27 6a 9d; F. P. Tymons v. S. J. Wickliffe, £ll 7s. No order was made in' the case in which Miss M. Wallace claimed £52 Is 6d> from E. Hutchison. Robert Sfiewart was sentenced to 28 days imprisonment unless he pays £27 5s 4d to the Bristol Piano Co. _ No order was made in the case in which Tapper Bros, claimed from Nathaniel A, McKay tbe sum of £6 Os 3d. Edna Cohen was convicted and sentenced to 14 days' imprisonment unless she pays £lg 13s 6d to Graham, Wilson and Smellie. Amy Elizabeth Unwin was convicted and sentenced to three weeks' imprisonment unless she pays William Unwin the sum ©f £24 19s. ~,..■■ Hardie and Thomson, LtcL, timber merchants, proceeded against John George Burgess (Mr A. W. Brown) for tho sum of j£LO3 9a lOd, as balance of an account due on timber supplied by the plaintiff firm. Mr Hanna said the defendant had ordered and been supplied with certain timber by the firm, with which he had fenced the Northcote Settlement, Papanui, but when he had been served with the account he denied having received some lengths of timber charged to him. Mr Brown submitted that the defendant had not received all the lengths of timber charged to him by Hardie and Thomson. Judgment was reserved.

AMBERLEY. (Before Mr Wyvern Wilson, S.M.) Judgment by default was given in the following cases:—Commissioner of Taxes v. J. Cameron, claim £3O 0s lid; same v. J. M. Hoban, £ll 0s 9d.

HOKITIKA.

(special to '"the pbess.") HOKITIKA, March 6. At the Magistrate's Court yesterday, before Messrs tTW. Bruce and W. E. Williams, IP' 5 Benjamin Lawson, on a charge of ljeing'idle and disorderly, was convicted and ordered to come up for sentence when called sitting was held before Mr W. Meldrum, S.M. . W Freitas was charged witn being on licensed premises after hours. The defendant stated that he had called at the hotel, •the Occidental, in order to see a boarder named Little. The police evidence showed that defendant was in the hotel over an hour, and he was convicted and ordered to pay costs. ■ •. ■ Henry Harvey, who pleaded guilty, admitted being a fifth offender, and was fined

£3 and costs. Several first offenders were each convicted and ordered to pay «> 9ts - John Shaw, a second offender, was nnra £1 and costs and Jamea Duncan, who ■ h*a eight previous convictions, was fined ** ° n The C °PuWic Works Department (Mr Park) proceeded against W. and G. Searle (Mr Ji.l- - for failure to pay a license fee ot £5 on a motor lorry used on the South road. Mr Park asked for the full penalty ot ±j» as the Searcles were really defying the v,ourt. Mr Elcock said the offene*? was not n tyrant breach of the by-laws. Searle had been a member of a deputation to- Sir Pr»na» Bell, who had expressed surprise at the imposition of the ,tax, and had given the deputation to nnderstaitd that it w««W be relaxed. The lorry had been used to oblige the Post and Telegraph Department which was constructing a ttS&lftone line to Han was gi~n *7 *. £t»«r»ld Public Works Ore«eer. who ««* £»SS ° crease in motor traffic had cansert tne of upkeep of the mam South .road to in- ° were convicted and fined « "Indent w» giren to, fauH in the following civil actions: *•■• JoMston and Geo. Footer. Thos. Wot £ . Christina Koxboxongh ▼. J. 0. McKae, * Os 6d.

TIMARU MAGISTRATE'S COURT.

(special to "thb pbesb.T TTJCARU, March. 6. At the Timaru Magistrate's Court this morning, before Mr E. D. Mosley, SJI-. Percy Kerr, for pillion-riding, waa fined Ufa and ooeto. and for failing to *V***» motorcycle was toed to, witW oosU^ Andrew Clarkson, for P™-^ I **, "jL,. during the currency of a was convicted and fined- ±6 and. cos», default on* month's imprisonment with hard labour. . . _„ "William Arising out of the previous ««> Shutt. barman of the Grosvenor Hotel, was charged with supplying liquor to sTuTt stated that he did not )ok>w that the man, aarkson, waa prohibited. ine Magistrate, saying that there was no prima, facio case against Shutt. dismissed the case. The Commissioner of Taxes JMr J. "• White) proceeded against the TlßU £[ n Property Company (Mr W. D. Campbell) for failing to furnish income-tax returns, a. \sMartin gave evidence of auditing the company's balance-sheets. Defendant company was fined £& and costs. Helen Keen proceeded against John .Keen for. maintenance. Mr W. D. Campbell appeared for plaintiff,. and Mr G. H. Vlnch. instructed by Mr C. S. Thomas, on behalf of defendant. Helen Keen said that she had beta married since 1910 and had live children. In 1919 ahe had a private separation order from her husband drawn on account of defendant bringing another woman into the house. Plaintiff bad been compelled to work to keej the children. Mr TJlrich submitted that the evidence did not show that the failure to maintain was wilful. J*» labouring man could keep up the payments. The Magistrate said that defendants wages had been spent on things which should certainly take second place to the maintenance of his wife and children. This waa shown in his own evidence given in Christchuroh. It was no use, however, making on order that defendant would not be able to comply with. Plaintiff was given custody of the children. Defendant was ordered to pay £2 per week maintenance. Defendant was also ordered to pay £3O for past maintenance and to find eeoarity in sum of £IOO, with one surety in the like amount, that he would comply with the order. He was also ordered to pay complainant's costs.. Security was to be found within 14 days, in default three months' imprisonment with hard* labour. •

Sidney Riley Wilks, T. Alexander, and John B. Leckie were each charged with being on the premises of the Masonic Hotel, St. Andrew's, after hours. Their excuse was, as the Magistrate remarked, . a novel one — they were celebrating- a christening. Accused were each fined £2 and costs. LETTER-CARRIER IN TROUBLE. (PBIS3 A.BSOCU.TIOH ■ TKLZOKAX.) OAMABTJ, March 6. Jonas Fifield, aged 20, a letter-carrieir, was to-day remanded for » week on three cßargea of detaining and opening postal packet*. Further charges are pending. (Bail was allowed. .- ■■