THE COURTS.

Press, Volume LXI, Issue 18307, 14 February 1925, Page 6

THE COURTS.

SUPREME COURT.

(Before his Honour Mr Justice Adams.) PRISONERS SENTENCED.

Eight prisoners came up for sentence yes terday. A PRISON BREAKER.

A sentence of one year's imprisonment on a charge of escaping from Paparua Prison, and two years' imprisonment, concurrent, on two charges of theft and breaking and entering, was passed on Thomas Henry Moody. His sentence will begin at the termination of the sentence he is serving at present for breaking, entering and theft. As Moody has a long list of previous convictions, he was also declared an habitual criminal. FORGERY. Robert Thomas Beveridge, who had pleaded guilty in the Magistrate'!! Court at Ashburton to having forged the signature of Robert Totty, chemist,. Ashburton, to a cheque for £25 10s on the Bank of New South Wales, Ashburton, and to having uttered it to James Sutherland, bakor. Ashburton, was sentenced to nine months' imprisonment. SEXUAL OFFENCE. A Maori, Tumal Turu Rehu, aged 25 years, who had pleaded guilty at Kniapoi to a chargo of assault on a woman, was sentenced to five years' imprisonment. THREE MONTHS' IMPRISONMENT. Wm. Robert Cooke appeared for sentence on charges of bigamy, and making a false declaration under the Marriage Act. Mr W. J. Hunter, who appeared for the prisoner, said that Cooke enlisted in the Eighth Reinforcements when he was eighteen years of age. He suffered from an ear dlßeusc, which might provo fatal, and which might have affected his mentality. Cooke's marriage in England was a war marriage. Cooke told the police that he believed he had a right to marry again after being separated from his first wife for three years.

His Honour: Knowing that his wife was alive, and that there was an order against him which lie had disobeyed! I don't think any importance can be attached to that. The offence is a serious ome. He misled the girl, and did harm to her. It is stated, however, that he is somewhat irresponsible and has suffered. He will be sentenced to three months' imprisonment. PROBATION GRANTED.

Ivy Freeman, for the theft of £3 7s 6d, was admitted lo probation for two years, on condition that she made restitution and paid £4 icosts of the prosecution. YEAR FOR THEFT. Albert Norton, a Maori, aged 26 years, who had pleaded guilty to stealing £6 from F. T. Clarke at Tuahiwi. was sentenced to twelve months' imprisonment, his Honour mentioning that Norton had boeil twice previously convicted of theft. SENTENCE DEFERRED. John Francis Madden appeared for sentence on a charge Of receiving stolen cigarettes, valued at £46. Mr R. A. Cuthbert, who appeared for tho prisoner, in asking for probation, said that Madden was a member of a family of seven children. He was a devoted son to his mother, who was deserted by her husband six years ago. Madden was the main support of four younger sons. If he were sent to gaol the chief bread-winner would be taken, rs only one girl was working, It was impossible to apportion tho blame between Madden and Fuss, the youth who stole the cigarettes. Mr Donnelly said that Madden, in the wit-ness-box, told a story that was obviously untrue.

His Honour paid that Madden's demeanour in tho witness-box somewhat bore out the view of the police that he was the originator of the thefts, although that was not proved. Mr Donnelly Said that that was the opinion of the police, based on a comparison of the two youths. Madden, obviously, was quicker and more intelligent than Puss. His Honour said he would have further enquiries made, and sentence Ma-i----den at 10 a.m. on Monday. FIFTEEN YEARS* IMPRISONMENT, A sentence of 15 years' imprisonment was passed on Arthur Morris, on a chargo of the rape of a girl of 14 years. _ Mr R. Twynehatb, the counsel assigned to Morris by the Grown, stated that the prisoner had asked him to s.tite mat he had been three months in- custxly, awaiting trial. Ho was blind in one eye, and had a prospect of lOßlng the sight of the other. Mr A. T. Donnelly, fOf the Crown, remarked that the man had a very bad reputation, and the case was a very bad one indeed. "The prisoner has a Very bad reputation;" said hi* Honour. "After n careful trial, in which he has had the benwllt pi Able assistance from counsel allotted to him by the Crown he has been convicted of rapo upon a little girl of 14, an entire Strang to him, who did all she could to got away from him, but Whom he succeeded in making the victim of his brutal and unbridled lust. There Is no redeeming feature: His previous record deprives him of any special ground for leniency. The Legislature has provided imprisonment for life In cases of this class, and, in addition, flogging. I have given careful consideration to the matter, and in view Of the prisoner's physical disability I propose to inflict a sentence of Imprisonment only." , Morris was then sontenced to 15 years imprisonment.

ALLEGED ASSAULT In the case in which Cornelius Patrick Joseph Sullivan was charged with haying committed an indecent assault on » girl at Tinwald, further evidence was heard. Accused had pleaded not guilty on the previous day, and was defended by Mr R. A. Cuthbert, who had been assigned to defend the case by thq Crown. ~..,, „ The jury, after a retirement of _ half an hour, returned a verdict of not guilty.

MAGISTERIAL.

FRIDAY. (Before Mr Wyvern Wilson, S.M.) DRUNKENNESS.

A first offender was fined 10s, in default 48 hours' imprisonment. SAVAGE DOG.

William Thomas Harrison appeared to answer a complaint that he was the owner of a dangerous dog not kept under proper control.

Evidence was given by a woman canvasser that when she called at Harrison's placetwo dogs bounded out, and One of them bit her hand.

A statement vas produced, in which Harrison admitted that one of the dogs, which were smooth-haired retrievers, was savage, and attacked people. ■. ~ In evidence, Harrison said that his bitch was six of seven years old, and she was of a playful disposition. He admitted he had had to pay S.l to a policeman for damage done to his ciothes by the dog, which had been given to a man at Ward street, JAddington, and would be kept under control. Tho Magistrate made an order that the bitch should be destroyed within a week, and ordered Harrison to pay 7s 6d witnesses' expanses And costs.

DISMISSED. Albert Emnson (Mr W. F. Tracy), a motorist* who had knocked down a cyclist, was charged With having driven A motor-car along Manchester street, in a negligent manThe Magistrate dismissed tho charge, holding that the accident could not have been avoided.

- BY-LAW CASES. James Douglas Logan (Mr V. D. Hall) pleaded guilty to having driven a motor-cycle along St. Albans street in a manner dangerous to the public, and to having permitted pillion riding. , Senior-Sergeant Lewin stated that defendant had driven at a high rate o£ speed, and crashed into a motor-car at the corner of Bristol street. Defendant was fined £3 and costs on the charge of dangerous driving, and 5s and costs on the second count. For cycling without lights, Phillip J. Oliver, Fleet Burry, and Albert Walker were each fined 20s and costs. For leaving cars unattended, Lewis Ferguson Walter J. Moore, Frank Parris, and James Roland Smith were each fined 5s and costs. „ „, J. E. L. Hegan, George Mangels, and George Mole, who had no rear lights on their cars, were each fined 5s and costs. Clarence Manson 'and Harry Pearce were each fined 5s and costs for cycling on the footpath.

(Before Mr H. T. Wlddowson, S.M.).

FRUIT IMPORTERS' CLAIM. Jamieson Anderson and Co., importers, Christchurch (Mr J. R. Ouningha'm) claimed from 1\ T. Bonham, fruiterer, Timaru (Mr A. W. Brown) the sum of £l6, the balance owing on a consignment of oranges sold to Bonham by the plaintiffs. The defendant admitted that he had received the oranges, hut said that 75 per cent, of the fruit was bad. His Worship said that, after hearing and considering all the evidence, he was of the opinion that the fruit had been hurriedly packed. Therefore, if it had been hurriedly packed it was doubtful if it had been properly packed. He would be bound to hold that the case of the defendant had been proved. Judgment was given for Bonham.

CLAIM AND COUNTER-CLAIM. Mrs Frances Chambers, of Broadfields (Mr A. C. Bntssington) sued H. H. Cook and Co., Ltd., land agents, Christchurch (Mr J. D. Hutchinson). The statement of claim set ont that the defendant company had sold on behalf of plaintiff a property, situated at Broadfields, to G. 6- Smith for £1660; that defendant company had received £IOO from Smith by way of deposit. Mrs Chambers claimed from defeadft-at: l») £*? 12s, representing

the deposit, less £47 8s commission nt Chamber of Commerce rate, to which the defendant company was entitled, and £5, which defendant company had advanced to plaintiff by way of loan. Defendant company counter-claimed for £94 10s for work, journeys, and attendance in connexion with the sale of n farm, the property of plaintiff, to E. W. Brookes. In each case the farm property was the same. The farm was first sold to Brookes, but that deal fell through, and Cook and Co. Inter sold the farm to Smith. The company claimed commission on both deals, but for (ho plaintiff it Vas contended that they were ontitled only to commission on the sale of the property to Smith. After lengthy evidence had been heard, Mr Brassington moved for a non-suit on the ground that no binding contract existed between the parties. His Worship said he ■would reserve the point, but would like to hear further evidence, which was then taken.

Judgment was given for Mrs Chambers for £4l and costs £6 3s, on the claim and for her on the counter-claim, with costs £ll 16s

PLASTERER SUED

E. Reece and Co., Ltd., hardware merchants, Christchurch (Mr P. D. Hal!), claimed from A. h. Ford, plasterer, Tabart street (Mr W. F. Tracy), the sum of £8 12s 3d, value of paint and oils alleged to have been supplied. Part of the caso had been heard on Monday. Judgment was given for the plAintiff company for the amount claimed with costs. Ford was also sued by Briscoe and Co., Ltd., wholesale ironmongers, Christchurch (Mr A. H. Cavell) for the sum of £l3 13s, value of lathes and plaster alleged to have been supplied to him by the company. ■ Judgment was given for the plaintiff for the full amount with costs. IN OTHER PLACES. AUCKLANDER ARRESTED IN SYDNEY. (press association telegram.) AUCKLAND, February 13. The New Zealnndor whose arrest In Sydney on the arrival of the Mamma was reported by cable yesterday, is Max E. Millbrook, of Auckland, who is charged With having stolon a sum of money in a partnership matter. A police escort leaves by the Mahono to-day to bring Millbrook back. DIVORCE CASE. (press association telegram.) AUCKLAND, February 13. An undefended divorce case, in which James Wilkes, of Christchurch, petitioned against Clara Emily Wilkes (Mr Hubble), was heard by Mr Justice Herdman in the Supreme Court. The parties were married in July, 1899, and in 1916 they went to England. Later in that year, petitioner stated thati he found it necessary to return to New Zealand, but his wife refused to accompany him. He loft provision with his brother for her maintenance, and later arranged that she should have tobput £SOO which stood to the oredit Of his bank account at Homo. Since then ho had not seen her or heard from her. Full arrangements had been made as to her future maintenance. There were no children. His Honour granted a decree nisi.

TRESPASS ON RACECOURSE. (press association tblegrah.) AUCKLAND, February 10. At the Police Court Claude Oswald McCully Carter, With previous convictions, was fined £2O, of in default one month's imprisonment, for trespass on Takapuna racecourse.

WANGANUI CRIMINAL SESSIONS

(press association telegram.) WANGANUI, February 13. At the Waiganui Supreme Court to-day John Graham was sentenced to two ye&Ts' imprisonment for theft; Matthew; Wilson to nine months'for abetting arson; David James, to a period not exceeding 18 months' reformative treatment for perjury; Arthur Motley, who pleaded guilty to arson, was ordered to come up for sentence if called upon within two years.

BANK OFFICIAL CHARGED W*TH THEFT. (pBISa ASSOCIATION MSMEGBAM.) NELSON, February 13. At the Motueka Magistrate's Court, Thomas George Scott Smith, a bank official, was charged with fraudulently converting to his own ÜBe money which should have been accounted for to the Bank of New Zealand at Motueka, the total sum involved being ,£409 Os 7d. The alleged offences date from November, 1023, to January last. After being formally charged, the accused was remanded to appear at Motueka on February 19th. Sail was granted, himself in £l5O and two sureties of £IOO each.

"COWARDLY BRUTALITY," (press association tslkokam.) DUNEDIN, February 18. Philip Gordon Sutherland, 21, found guilty of manslaughter in connexion with a drunken affray at Christmas, resulting In the • death of John James Ryan, Was sentenced to two years' imprisonment. Tho Judge remarked that accused did not begin the quarrel, but it was a pioco of cowardly brutality.