THE COURTS.

Press, Volume LXI, Issue 18303, 10 February 1925, Page 7

THE COURTS.

SUPREME COURT. CRIMINAL SESSIONS. ! Following ar© the prisoners who will come ] trial at the Supreme Court to-day:— | Arthur Morris, Ashburton, alleged rape. John Francis Madden, Christchurch, leged receiving stolen poods, 12 charges. Ivy Freeman, Christchurch, alleged theft. William Robert Cooko, Christchurch, alleged bigamy and false declaration under Marriage Act. Albert Norton, Kaiapoi, alleged rape. Ernest Hawking®, Christchurch, alleged theft. Robert Tyson Hodgson, Ashburton, alleged miirdet, James John Rodgere, Christchurch, alleged indecent assault. Cornelius Patrick Joseph Sullivan, Ashburton, alleged assault with intent to rape and indecent assault. PRISONERS FOR SENTENCE. Robert Thomas Beveridge, Ashburton, forgery. Albert. Norton, Kaiapoi, theft from the person. Tumai Turn Rehu, Kaiapoi, rape. Thomas Henry Moody, Christchurch, escaping from custody, theft, and breaking, entering, and theft. CIVIL SITTINGS. DECEASED FARMER'S ESTATE. Application fjr an order to investigate accounts of the estate and pay plaintiffs £ll7B under the will of David Fitzgerald, farmer, Wakanui, near Ashburton, deceased, was made by Mr W. J. Sim*tm behalf rf the following relatives:—Michael Fitzgerald, railway employee. Shannon; John Fitzgerald, farmer, Glentunnel; David Fitzgerald, threshing-mill owner, Ashburton; Garrett Fitzgerald, labourer, Ashburton. Defendants were Andrew and Wm. Fitzgerald, farmers, of Ashburton, executors of the estate. Negligence and failure to realise part of the estate were alleged in the statement of oiaim. Hiß Honour directed that the matter, bo -left in the hands of the Registrar for enquiries. The question of costs was reserved. IN BANKRUPTCY. Discharges in bankruptcy were granted to Fred Thomaa Smith, builder (Mr R. Saunders) ; Peter Dewar Boag, sheepfarmer, Christchurch (Mr A. J. Malleyl: John Shearer Scott, farmer, Ashburton (Mr F. S. Wilding); Leslie Guthrie, labourer, Kailtoura (Mr C. V. Quigley); William James Hill Rcddell, leather manufacturer, Christchurch (Mr R. Saunders). Though lie filed only six woeks ago, Wilfred. Arthur Hopkihs (Mr P. P. J. Amodeo) app'ied for a discharge. Applicant is a cartage contractor in Christchurch. The Official Assignee reported that the bankruptcy was too recent to allow of a discharge. * The application was dismissed on the I ground that tho Official Assignee had to be satisfied that there were no reasons I why the discharge should not be granted.

MAGISTERIAL. MONDAY. (Before Mr H. Y. Widdowson, S.M.). ALLEGED THEFT. Except that they had arrived in Citristchurch recently, nothing else was known about Nell Corrie, aged 19, and Lilian Thompson, aged 18, two well-dressed girls who appeared to answer six joint charges of theft of women's clothing valued at £42 16s 6d. Four of the thefts had taken place in "Wanganui and two in Christchurch. Chief Detective T. Gibson, who Prosecuted, in asking for a remand, stated that the girls were recer.t arrivals in this city. When they arrived it the railway station they stole two 6 u,it-t«,ses containing women s cjoth'.ng from tho waiting-room. . When they were arrested they had made a statement but the' police were not prepared to accept it because they thought it false. His Worship remanded the girls to appear on February ICth. "SENSE OP EXCITEMENT." Because he contended that he was knocked down by a tram-car on Saturday afternoon in the Square and was thus "labouring under a sense of excitement," John Somervule Jones, a middle-aged dental mechanic, pleaded not guilty to a charge of having usfcd threatening behaviour when" drunk and to a further charge of having resisted arrest. William Dick, traffic supervisor, of the Tramway Board, said that -on Saturday afternoon he saw the. accused walking aimlessly about the Square. Jones was wheeling a bicycle and he deliberately stood m front of a tramcar thus causing a stoppage. Witness went to? a constable on point duty "and 'informed him of the matter. : ; Constable McCormick said that a crowd of people was standing around <he accused whon he arrived on the scene. Witness told Jones to go home threo. times because he was drunk, but he took no notice of him. Witney attem-oifed. to arrest him but he struggled violently and witness had to throw him to the ground before he could handcuff Accused admitted that he was in the Square on Saturday afterncon but denied that he was drunk. He said that ho was knocked over by a tramcar and was 'labourin? under a sense of excitement This prosecution will mean that I will Iob? a> position worth £SOO a year, your Worship, he concluded. . , Sen'or Sereeant F. Lewin, who prosecuted, said that accused bad a list of pr?vicus convictions aeainst him, but. drink appeared to be his only trouble. , Jones was convicted and fined 20s, m default seven days' imprisonment on each charge. SIX MONTHS' IMPRISONMENT. Thieving from a passenger at rich to* board the Waliine, traveling from Wellington to Lyttelton, ■on ■ Saturday night was admitted by William Stockdale, 69 years of age, who appeared charged with havin n stolen tho sum of £2O from William Day between the two ports. , . , , The Twlice evidence showed that Stockdale had occupied the same berth as Day iiie passage and that while Day slumbered i his bed the accused stole his the morn'ng Day discovered thei theftjand reported the matter to the police. Wmii the accused was questioned about it ne denied all knowledge of it., but he was searched by a constab.e, the money was found in. the lining of his coat. Stockdale said that he only had.one leg and he contended that he could not arise " the night and lift up the mattress on which Day elent thus handicapped. lie could not explain, however, 'how le ®" ? came to be found : n his coat. Ive only come down from Wellington for the races, air" he concluded. _ , vHis Worshit) convicted Stoclsdale and senfenced him to six months' imprisonment with hard labour. DRUNKENNESS.

Two. first offenders, who had been bailed out of the lcck-up in the sum of 20s, were each convicted and fined that amount, default 48 hours' imprisonment,. Two other first offenders, who had spent the week-end in gaol, were each convicted and fined 10s, in default 21 hours' mpnsoa. m George Hobson, 61 years of age, whopieaded "uiitv to a charge of drunkenness for the 'second time within six months was coinvicted and fined 20s, in default three days imprisonment. attempted suicide. Charged on remand with having attempted to commit suiclue by cutting his throat with a razor, Henry Franklin Clisby, 55 years of age (Mr R. A. Cuthhert) had nothing to Sa The police said that Clisby's trouble was for accused pleaded for leniency, saS that the action was due to £cessive drinfcns and the climax was brought about when his wife obtained a , against him. The .woman had expressed ner willingness to once again live with him h HrWorsS P co 0 fnd ordered to oome uo for sentence if called xipon six months. Special conditions were that ha re ™ained in the Solvation Army Home for three months, that he himself well, and that he repaid £7 Os 9d hospital and other expenses within six months. THKEE CHAKGES.

Pleas of were ent ? red liy , Eillrl Albert Griffiths, 48 years of age, who appeared charged that, having teen W ® the licensed premises of the Zetland Hotel Sunday ho did giro a false name to a S¥a? he wasfound on the pre = at a time when such premises should have been Tosed, and with having liquor during the currency of a prohibition th» first two charges convicted * and fined 20s, in defauHeeven S imprisonment, and on the third he was fined 40s, in default 14 days m gaol.

KEMANDED. On a charge of having usrf language at Riccarton on Saturday, William David IVloon, 55 years of age, was remanded to appear to-morrow. . A similar remand was alao graced m the case in which Harry Albert Griffiths, aged 43 years, waa charged with, having failed to comnly with the terms of his release on probation. "BRAVADO." Guilty was tho plea given in Scottish accents by William Cochrane, .39 years of age, -when charged with having converted. witt-

out colour of right, a motor-car valued a £450, the property of Frederick J. Garneti-, Chris tchurch, on Saturday. Coohrano said that the act was a case of bravado. He had wished to create in the mind of a girl the impression that ne owned the car, and had "cranked up. J*® was under the influence of liquor at tne time, and was now sorry for his action. He liad been in the Dominion only four y^ 1 ?- His Worship convicted and fined Cochrane £'lo. and costs amounting to £l. He also ordered accused to pay 15s, the amount of the damage done to the car. CIVIL BUSINESS. Judgment was given for plaintiff in each of the following cases:—Duncan Cottenll and Co., Ltd. v. W. S. Horning, £5 6a 2d; Paynter and Hamilton v. C. Cowper, Vacuum Oil Co., Ltd. v. B. Hewitt, £o 16s 6d; The Distributing Agency v. G. WeUbourne, £3B 14s lid; R. A. Pearse v. H. Oa!yei' and 'K. Godfrey, £2O 17s; Vacuum Oil Co. Pty., Ltd. v. J. Cross, £l4 16s 8d; i. D. Kesteven v. A. E. Smither £5; N.Z. Farmers' Co-op. v. G. Herbert, £3B 8s 7d; Charles S. Tliomaa v. Gordon Hutchinson, £5 ss; National Mortgage and Agency Co. of N.Z.. Ltd. v. M. Buckley, £6 6s 6d; J. W. Trott v. W. O. Walker. £4; Andrew Lees, Ltd. v. H. L. Wood, £l7 3s 4d; same v. E. P. Jerman, £7 5s 6d; same v. W. J. Clegs, £22 6s sd; Bell Cycle and Ho tor Co. v. G. E. Foster, £SB 4s 7d; same v. F. McLure, £2 10a; Maling and Co., Ltd. v. C. Gleeson. £5 17b; Shanahan v. James r*Titting, £3 ss; Mrs M. Mora v. P. Nelson, £lB 8s; Dainties, Ltd. v. C. R. Rule, £1 6a 8d: sam® v. R. Mareh, £3O lis 4d; same v. E. Kingsbury, £2 8s 3d;same v. Laughton Bros., £5 Os 2d; Wooff and Salveson v. Christchurc'h Co-op. Fish Supply Co., £& Jss; S. C. Bingham (as trustee of H. B. Rump) v. A. Harwood, £lO 0s 2d; Bing, Harris and Co. v. 21. and L. Stewart, £B4 12s 4d; E. E. Woodbury v. W. J. McLaughlin, £2 12a 3d; same v. R. Smith, £4 15s» Hood -v. Jfrs H. Green, £7 19s Bdj Wm. Saunders v. George Henry Edwards and Frederick L. Wooles, £2 16s 3d; Booth, Macdonald and Co., Ltd. v. W. Watson, £35 Is 2d; J. D. Bruce and E. Scott v. E. and M. J. Hammill, £24 9s 3d; Newman and Oboin v. A. Johnston and C. Johnston, £1 5s 3d; Manning and Dorreen v. C. E. Chick. £24 4a 8d; Bristol Piano Co., Ltd. v. Wm. Ccmrie Sutherland, £l3 lis; O. P. Burke v. R. V. Geddes, £4s 18s 6d; Johnson and Couzins, Ltd. v. Charles Williams, £ls 2s 3d; C. G. Woods v. W. Small, £2 10s. No orders were made in the follow ; ng casesCarterbury Drivers' Union v. R. Cooke, £3 18s; Geo. F. and G. 0. Perry v. Allan C-ockbum, £27 9s; Hastie, Bull and Pickering, Ltd. v. J. H. Arnold, jun., £lO 3s; Parke, Davis ar.d Co. v. T. Scarlett, £5 Cs. Arthur Clarke was ordered to pay W. Strange and Co.. Ltd.. £3 13s, in default four days' impriponment. W. J. McLoughlin was ordered to pay G. Dollan £2 2s, in default two days' imprisonment. W. Carl was ordered to pav J. W. Trott £ll 5s 6d, in default twelve days' imprisonment. I. Gregg was ordered to pay Booth, Macdonald and Co., Ltd., £26 6a 6d, in'default one month's imprisonment. James Wright, jun., was ordered to pay Charles G. Isaacson £8 15s 6d, in default seven days' imprisonment. A HORSE DEAL.

Judgment for defendant was given in the claim of H. Box, of 734 Milton street, Spreydon, horse trainer (Mr R. Twyneham), against the Itongiora Borough Council iMr F. W. Johnston), evidence concerning which, was heard last Thursday. Plaintiff alleged that a horse the defendant corporation sold to him for £43 was warranted sound, quiet and well broken to every kind of work in harness, -but was not so. Ho soiight to recover the cost, £43. The Magistrate held that there was no warranty from tlifc defendants. NURSE'S CLAIM. M. •A. Lambert, nurse, Christchurch ' (Mr H. S. J. Goodman), claimed from A. Stnfford, labourer, Barbour street, Woolston (Mr A. H. Cavell), the sum of £3 6s 9d tor- nursing defendant's wife and for materials supplied. Judgment was given for plaintiff for the amount claimed and costs. BUILDER SUED. Leonard B. Hubbard, agent, Christchurch (Mr J. D. Hutchinson), claimed from Herbert Harrison, builder, Fcndnlton road, Christchurch (Mr K. M. Gresson), the sum of £6 10s. . It was alleged Dy the plaintiff that for the sum the defendant contfacted, inter alia, to build in a certain window for the plaintiff and did euch work so negligently that tho window' fell out of its place. The defendant denied negligence. ' After the evidence had - been heard, the Magistrate gave judgment for defendant, holding ' that . negligence had not- been proved. NON-SUITED. Frederick Hern, fishmonger, W altham road, .Christchurch (Mr T. Milliken) claimed from F. C. Raphael, financial -agent, Gloucester street,' Christchurch (Mr W. F. Tracy), the sum of £4. The statement of claim set out that the plaintiff had done work for. Raphael as bailiff- . His Worship non-suited the plaintiff. PLUMBERS' CLAIM. ..Newman and Obovn, plumbers, Christchurch (Mr H. S. J. Goodman), cla_med from Henry ■ Greenbank, blacksmith, Reeu Btreet, Oarnaru (Mr W F. Tracy), the sum of £9 10s lOd, alleged balance of account rendered for. wor? done. Judgment was given for defendant witp costs. PLASTERER SUED. E. Reece, Ltd.; hardware merchants, Christchurch (Mr 'P. D. Hall), claimed from A L. • 'Ford, plasterer, Tabart street, Christchurch (Mr. W. F. Tracy), the Bum of £8 1?9 3d for materials supplied. The hearing cfthe case was adjourned till this' afternooru ' ENGINEERS' .CLAIM. Andersons, Ltd., engineers, Christchurch (Mr A. C. Brass'ington), claimed from i'. Foulkes,' ' Hawtho'rh read. Riccaxton, the sum of £1 5s Cd* for work done. Foulkea counteT-claimed far the sum of £4 lvs, tho value .of six rnotor-bedy ■ stay 3 alleged to have been rendered useless by the P»F n " tiff company in its to alter them. Judgment was given fcr 12s 6d and 10s 6a costs.

MOTOR-CYCLE HEP AIRS. James Flannigan, motor mechanic, of Durham street (Mr L. W. (fee) Proceeded against "VV. J. Austin, mill Hand, of Worth Avon road (Mr W. F. Tracy) *or the recovery of £23 8s Sd, of which £2O 8s 9d, he claimed, was due fcr overhaul to a,u Indian motor-cycle and aide-car on April 24th 1924. and overhaul to g©3r-box on June 9th, 1924, together with £3 for garaging the motor-cycle from June .nd to October 18th. . , , Defendant held that Elannigan had contracted to do the work for MAfter hearing evidence, the Magistrate gave*judgment for £8 Gb 9d, with ccsts.

TENEMENT- CASE. Wm. Roy Burns (Mr \V. F. appl for an older fixing, at a standard rate the rent of.portion of a dwelling at 371 luam street, occupied by him, and owned y . W. Blanchard, for whom Mr J. B. Batcttelor aP ift a efhearin P applicant andrespondent tie Magistrate adjourned the case for P duction of information as to the Qovernment valuation of the property m 1914.

IN OTHER PLACES. CHARGE OF FORGERY. (PEESS ASSOCIATION IELEGRAH.) G-ISBORNE, February 9. Arthur Raymond Kirk, aged '29, P iea( r < * guilty and was admitted to proba l n. 12 months on a charge of stealing - 1 -> . . property of a room-mate. On a c j obtaini4 fl2 16s by means of a J«pd cheque he was remanded to Wanganm. PRISONERS SENTENCED. (PEESS ASSOCIATION TEIJSG&AV-) PALMEESTON NORTH, February 9. Samuel iuught, lor obtaining money by means of a vanities® cheque, was senttncea to eighteen months' hard labour. Arthur George Henry Sunnex appeared for sentence for an offence aga.nst a girl, agea fUteen, at Dannevuke. 'ihe Judge said he would pay due weight to the jury a recommendation. to mercy, and not send the pr.»oner to gaol. He would be sentenced to reformative treatment lor eighteen mratha. James Barter, for indecently MsauiUn, three boys, waa sentenced .to five years imprisonment with hard charge, the sentences to he concumnt, Kichard George Miles, for ® criminal tssau.!. on a child aged sentenced to seven years with hard labour.