THE COURTS.

Press, Volume LX, Issue 18129, 19 July 1924, Page 6

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adtras) BEEACH OP PROBATION. Alexander McEw<m w« ; charged with having failed to comply wiiu the terms of his probation. Having been convicted of assault, he was admitted to probation for three para in August, 1922, on condition that he paid costs amounting to £5 within a month. He failed to pay, eo was arrested in Otago on Sunday. Mr Donnelly, Crown Prosecutor, said that McEwan belonged to a class of offenders who made the work of tho Probation Officer hard. He worked in the country, usually far back. He went from Canterbury to Palmerston, and then to Dunedin and found work out of that city. The Probation Officer had written to him frequently asking him to pay. There was no tion of misconduct on his part. It seemed that ho had made a fair effort to keep himself in touch with the Probation Officer in view of tho nature of his work but i there was no reason why he should not pav I the £5. Ho could poy, and seemed to be willing to pay. He should have been dealt with in Dunedin, but the Magistrate there sent him to Christchurch becauso he was sentenced here. Asked by his Honour what he had to 6»v J for himself, McEwan Baid he had not £5 I above hia expenses. For four months ho j had not earned £3O. ! "You have no responsibilities; you are a single man, and you say you couldn't pav £5 in two years,'' his Honour said. I havo a job to make ends meet; I reported to the Probation Officer wherever I went. Mr Donnelly stated that the constable at OtokLa, OUgo, had reported that McEwan conducted himself well there, and had a reputation as a good worker; he had been I employed on a mill and nt ploughing. j His Honour said that he could not believe I that McEwan could not pay £5. The I humane legislation of New Zealand was passed on the basis of faithful observance of | the conditions attached to the probation orders. Breaches of these orders must be ; regarded as serious offences MoEwan would be admitted to probation again, but the term would be extended to two years from the present time, and he must pay the £5 and £2 lis costa of the present proceedings. If he failed to observe any of these conditions he would be sentenced for the original offence of which he was found guilty. IN CHAMBERS. His Honour Mr Justice Adams yesterday ; granted probate of the wills of the following deceased persons:—William Acton Adams 1 (Mr K. Nea-ve), Norman Gordon Whichcote j Hanmer (Mr H. J. Beswick), Patrick HanI nigan (Mr J. A. Beattie), Mary Seaton (Mr J. S. Barrett), David Biotkloek Carruthers ' (Mr T. D. Harman). Henry Burgo Mathie- ! son (Mr J. D. Godfrey), Daniel Cant (Mr M. S. Brown), John Brown (Mr E. E. Papprill), Archibald McGregor (Mr H. D. Andrews), Catherine Eule (Mr T. S. Dacre), Charles Hobbs (Mr A. S. Nicholls), Mary Casserley (Mr R. Hepburn), Walter Rais- ! trick (Mr C. S. Thomas), Patrick Osborno ; (Mr F. W. Johnston), Mathew Henry Stokes ■ (Mr Papprill), Agnes Kennedy (Mr M. J. Grcseon). Susan Blain (Mr G. H. M. Walton), Robert Maxwell Sunley (Mr J. Clark), James Nancarrow (Mr G. D. Pascoe), Robert i William Manning (Mr Pascoo), Hannah Itongmuir Hay (Mr Beswick), Agnes Jameson (Mr Thomas), Joseph Thomas Baldwin (Mr R. B. Ward). Alfred George Shilton j (Mr J. K. Maloney) ,Annie Wella (Mr J. , Park), Edward Benbow (Mr H. C. Orbell), I Patrick Burke (Mr T. Cheyno Farnie), William Campbell Robertson (Mr W. D'. Campbo!)), ■ Garnet Alexander Balfour (Mr S. I. Fitch), Joseph Cotton Huddleston (Mr M. J. Knubley), Andrew Gibson (Mr Fitch), Catherine McCosker (Mr G. H. Buchanan). i The motion for probate re John Eoburg I (deceased) (Mr Fitch) was dismissed. Letters of administration were granted as follows:—Wilfred Lancelot Wateon (Mr G. S. Salter), Mnrgaretho Adelheit Wateon (Mr M. S. Brown). Registrar to report as to sureties:—Lacy Hartnell Stone (Mr W. J. Sim), Arthur Ernest Charles Cook (Mr R. Hepburn). Subject to Registrar's report as to sureties:—Arthur Longden (Mr Pascoe), Charles William Sullivan (Mr Beswick), John Frederick Walker (Mr H. I Lovell), Isabel Marion Bain (Mr C. H. Tripp). CIVIL FIXTURES. The following cases have been set down for hearing at the Supremo Court:— Monday, July 21st—National Mortgage and Agency Co., Ltd.. v. Meredith and another—summons for a special jury; Fox Chivera (Mr Twyneham) v. Fox Cairns (Mr Thomas); Thomas (Mr M. J. Gresson) v. Childs (Mr K. M. Gresson); Craddock ▼. Public Trustee. Tuesday, July 22nd—Hanmer (Mr Alpers) v. Hanmer l —undefended divorce; Harding ,(Mr Upham) v. Blyth and others (Mr AmcVloo) —originating summons. MISCELLANEOUS MOTIONS. Woodley (Mr Donnelly) v. Lawrence (Mr M. J. Gresßon) —appeal. Claridge—Bankruptcy motion. Thursday—July 24th—Wilson (Mr Bat- ; chelor) v. McGee (Mr Alpers)—before jury alone, followed by Bowman and Bowmanundefended divorce. Friday, July 25th—Chambers. Monday, July 26th—McMullan (Mr Alpers) v. Amyes (Mr Acland). Tuesday, July 27th—Stephens v. Price and Flesher. Wednesday, July 28th—Ainger end another (Mr Myers, with him Mr Sim) v. Rantiu Bros. (Mr M. J. Gresson, with him Mr White).

MAGISTERIAL. FRIDAY. (Before Messrs A. H. Holmes and W. Helliwell, J.P.'a.) DRUNKENNESS. Christina Mills, a second offender, pleaded guilty to a charge of having been found drunk in Oxford terrace. She was convicts! and fined 10s, in default, 48 hours' imprisonment. REMANDED. Cecil Cyril Granger, aged 22 years, was charged that on June 19th at Tai T..pu, ho stoie £1 and a hat valued at 10s, the perty of Jack Grady. Accused was remanded till the 2Srd inßt. SERIOUS CHARGE. Gertrude Grace Bell, aged ,29 years (Jttr A. H. Cavell) was charged with having unlawfully used an instrument on a woman at St. Albans on June 14th. Chief Detective Gibson applied for a, r»manu for a week, stating that the woman was still in icepital. Mr Cavell said ho would like to know whelher the police would go on with the case next week or whether they would require another remand. It was quito unfair to leave a charge of a serious nature hanging over the head of his chont for a longer period than necessary. The Chief Detective: I can't go on with it till the girl has left the hospital. We are ready as soon as the girl is wed enough. Mr Cavell made an application for bail, saying that the police were satirEed that tie danger of the woman's illnosß was past. Accused was remanded until July s:sth, bail being allowed self in £2OO and two sureties of £IOO each. BY-LAW CASES. For leaving oars without lights, Herbert Simpson and Charles William Anderson were each fined 20s and costs. Trevor Clarkson pieaded guilty to having driven a car at a dangerous speed in St. Albans, and was fined 20s and costs. For leaving or .riding motor cycles in Hagley Park, Ernest William Archbo'd, Ernest O. Cox, Fred Cox, Henry T. Mcintosh, Charles P. Robb, and Ernest Taylor were- each fined 20s and costs. Beryl Hope was fined 6a and costs for leaving a motor-car unattended in Catnedral square. Malcolm Cunnean, who had driven a car for eight years without a certificate of ability waa fined 40s and costs. For riding bicycies at night without lights, Bernard Hamniersiey, Clifford W. Harvey, Devis Hobbs, and Fred Keys were each fined 5s and costs; Edward Johnson and Len Hartley vrerc each ordered lo pay costs only 7s; John Moneie, Herbert Manning, B. C. Pattrick, Keith Radiord, Jamas C. Eichardson, William Rolton, Richard Sharp, VViuiam Taylor, and Thomas Donne vjcre each fined lus and costa for eimiiar offences. William Machiu, jun. was fined 10s and costs for driving ,-. car at night without a rear light. For'driving a waggon at night without lights, Peter McLaughlin was fined 20s and costs. Allan Mataon was fined 20e and costs for leaving a motor-car nnlighted. C. L. R. Monk, for not having a certificate of ability, when in charge of a car was iined 40s and costs. Richard J. T. Sharp was fined 20a for driving a car without Ughts. Percy Wilkos, who left a car without lights, wa3 fined 20a and costs. Tor cycling on the footpath James Wilson was fined 10s and coats. Harold Bellamy was fined 10s and costs for pillion riding on a motor-cycle. Benjamin D. Carmichael, a char-a-banc drivor, who returned to his stand before thirty minutes had elapsed after his last de- , parture, was ordered to pay costs 7s. j Elmo Lyons was fined 10s an! costs for I ectting n. corner in a ear. ' Geo. Morra was fined 10s and costs for piiliom riding on a motor-cycli.

For driving > ou il I dangerous speed, Edward E. Pulley was fined 20s and costs 16s. Herbert Smaller, ■who rods & motor-cycle without a certificate o£ ability, was finei 20s and cost". - Ethclbert G. Bland (Mr Murchison) pleaded not guilty ia having driven a car at ft dangerous speed. The information was disA charge against lan G. Davidson ot riding a evcle -without a light whs dismissed^ F. Q- Robson was fined 10s *nd costs for leaving a motor-car wi'liout lights. Percival Oliver Smith, for speeding over an intersection, was fined 20s and costs. (Before Mr H. Y. Widdowson, S.M.). CIVIL CASES. CWrns of £29 3s . r d. £l5O and £73 wera mad.''against three d.-fendants, George Gil- , IpSDie IJ.1 J . E. Hook*-, nr.d H G'"v*»~<»n. bv fficc and Co.. Ltd.. C. S. McCully and i Co and William Wilkins respective'?. Tl« claims were in respect of work dene ana materials supplied under sub-contracts. Judgment waa given for tnc defendants with costs in each ca3c. ASHBURTOK. (Before Mr E. D. Mosicy, S.M.) On a judgment summons, E. Newman, late of Mpthven, was ordered to pay E. Protheroe, New Brighton, £1 13s forthwith, m default three days' imprisonment. Onorse Bowden was charged that on July 12th he did not deliver liquor within a reasonable time to the purchaser. Mr A. K. North appeared for defendant, who pleaded not guilty. ~.•,.-,* The case as outlined was that deientlant had an order to deliver liquor from Chertsey to a person in Ashburton, and that the defendant and another person were found in a ehop in Hevelock street. The person with defendant was the owner of the hquor. The defendant's excuse for not delivering tho liquor was that he had a series of breakdowns coining from Chcrtscy. However, defendant had passed the purchasers' house on his way home. For the defence, Mr North said that the car had broken down and was not in a fit state to proceed to Donn'3 house. The Magistrate said that defendant was liable to a fine of £SO. Defendant'would be fined £5 and costs. Richard Lane was charged with attempting to cross a railway crossing at Ashburton when the lino was not clear. Mr Brown, lepresenting the Railway Department, stated that two cars had crossed the line, but the other person could not be found. The Magistrate commented on the fact that a railway line should not run through the centre of a town like Ashburton. This was in answer to a remark by Mr Brown that attempts to cross railways in front of engines were becoming- too frequent. Defendant was fined £2 and costs £i 9s. JEWELLER CHARGED WITH. THEFT. Further enquiries in connexion with tho theft of a valuable diamond pendant have been followed by a Homewhat development (says the Wellington "Post."). Some time ago, Mary Green, a young domestic in the employ of the owner of tho article, appeared before tho Court and admitted that she had stolen the pendant. Since her committal for sentence, Detectives Sinclair and Murch have carried out further investigations, as the result of which a summons has been served on George Arthur Jenness, jeweller, of Cuba street, to appear before the Court on Wednesday nest to answer the following charge:—''On or about May 26th, 1024, at Wellington, did commit tho theft of a diamond pendant valued at £65, the property of William Hume, executor in tho estate of tho late Mrs Wheeler."