THE COURTS.

Press, Volume LXI, Issue 18331, 14 March 1925, Page 6

THE COURTS.

SUPREME COURT.

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

Alice Mary Harper, who had pleaded guilty to a charge of having abandoned her child, appeared for sentence. She 6aid that she had tried to get work, but had been unable to do so. She had had no help whatever from the father of the child, and had been compelled to take the step she had. She asked for another chance.

Accused was released on probation for three years, during which time she was to remain in charge of the Salvation Army authorities.

Andrew Boyd, who had pleaded guilty to a charge of theft from the person, was sentenced to reformative treatment for three years. He had been convicted twice previously. On the first occasion he was convicted and ordered to come up for sentence when called nnon, and on the second occasion was admitted to probation for two years.

IN DIVORCE. Charles Wallis (Mr A. R. Kirk) applied for a divorce from his wife, Dorothy Evelyn Clara Wallis on the grounds of desertion. The case was ordered to stand down to allow counsel to produce correspondence from the wife and from the High Commissioner.

Agnes Jessie Walsh (Mr A. W. Brown) petitioned for a divorce from her husband, H. A. Walsh (Mr K. M. Greeson) on the grounds of desertion. A decree nisi was granted., to be made absolute in three months.

George Sheran (Mr A. C. Cotterill) petitioned for a divorce from his wife on the grounds of adultery. A decree nisi was granted, to be made, absolute in three months.

Annie Marie Waghorn 'Mr H. S. J. Goodn'an) rsked fi* a dicsoUition of her marriagp with William Waghorn on the ground of ' desertion. A decree *isi was granted, petitioner to hav« custody of the two youngest children. Costs were allowed on the 10-"nr scale.

Hed'ey Ja-m<«. Con- 'Mr E. W. White), "rrcpr'a pssistart of P«dcliffs. petitioned for a divorce frc-m lu3 wifn on the grounds of adultery. A decree nisi was granted, to be m"' 1 "* rbs'olut" i-> three -months. Etbelbcrta Williams 'Mr J. _ E. Cuningham\ was granted a. deer** nisi from her husba."d. Albert Svdnev Williams, for bavin" failed to comoly -with an order for the restitution of rMits made in 1924. OMb were allcvpd on "ie 1ow»r F°ale. Leonard /nvitron? (Mr L. B. Freemanl. a clerk, of ChriatcViiirch. annlied fc- an order for t*>e r-«t,ihition of conjugal riehts with lu'.«. wi'e, Elsie Armstrong. The order wan made as prayed. Rita Jean Banfield (Mr R. A. Cuthbert) petitioned for a divone from her husband, who was represented by Mr R. Twyneham, on the grounds that he had refused to comply with a separation order made in TO2l. A decree nisi was granted, to be made absolute in three months.

Dorothea Mary Atidreae (Mr J. H. Upham) applied for an order for restitution of conjugal rights with her husband, Leslie Burn Andreae, woolbroker, of Christchuich (Mr K. Twyneham). The order was made, petitioner to hare custody of the children. Sophia Louisa Marion Traoey ■ (Mr A. C. Cotterill) petitioned for a divorce from her husband on the grounds of desertion. A decree nisi was granted, to be made absolute in three months. Petitioner was given custody of the child, and costs on the lower scale were allowed.

A mutual separation harinsr been made be-' tween Lillian Rosa I*orrin (Mr T. Milliken) and her husband, Everard George Perrin, in 1921, the wife asked for a decree for divorce. A decree nisi was granted, and petitioner was given custody of the child. Costs on the lower scale were allowed.

Leo Horace Barker, telegraph linesman, of Christchurcb, bavin? failed to comply with an order for the restitution of conjneal rights," his wife, Iris Catherine Barker (Mr C. S. Thomas) petitioned for divorce. A decree was granted, and petitioner was. riven custody of the children. Costs on th© lower ocale were allowed. MOTION FOE NEW TRIAL. (Before their Honours Mr Justice Sim and Mr Justice Adams.) A motion for judgment for the defendant, or for a non-suit or a new trial, in Georg» Hobbs, aerated water manufacturer, Christchurch, v. Cecil Huia Shields, market gardener, Christchurch, wag h'eaitf. The case arose out of a motor collision at the corner of Garland's road and Opawa road. At the bearing the jury gave a verdict for the plaintiff for ' £228 special damages and £2 general damages. Mr Thomas moved for judgment for defendant, or a non-suit on the ground that the evidence of plaintiff and of his witnesses «howed contributory negligence by plaintiff, and movod for a now trial on the ground that the verdict was against the weight of evidence. , Mr Twyneham, for plaintiff, opposed tne motion. Judgment was. reserved. RESERVED JUDGMENTS GIVEN.

His Honour Mr Justice Adams gave his reserved judgments in the following cases:— Thomas Benjamin Jackson (Mr J. R. Cuningham) v. Lily Myrtle Jackson (Mr S. E. McCarthy), petition for restitution of conjugal rights—Petition dismissed with costs £25 and disbursements, and witnesses expenses to bo fixed by tho Registrar. Walter Leonard Pengelly (Mr M. J. Burns) r. Hilda Ethel Beatrice Pengelly (Mr J. R. Cuningham), petition for restitution of conjugal rights.—Petition dismissed, petitioner to pay respondent's costs, £25 and £lO 10s for second day, with disbursements and witnesses' expenses to be fixed by the Registrar. ■ln the C£fle of John Hessey (Mr F. D. Sargent) v. Charles William Fisher (Mr H. H Hanna), iudgment was given for plaintiff for £220 Both parties were fruiterers and confectioners, of Christchurch. Hessey purchased a business in Colombo street from Fisher for £440. Hessey asked for rescission of the contract or damages alleging fraudulent misrepresentation, _ but at the hearing tho claim for rescission was abandoned, leaving only the claim for damages His Honour said that there was no doubt as to a certain misrepresentation being false to defendant's knowledge Plaintiff was entitled to damages, which might be fairly assessed at £220. Costs were allowed according to scale, and disbursements and witnesses' expenses to be fixed by the Registrar.

MAGISTERIAL.

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

Charged with drunkenness Jack Golden, an elderly man, pleaded guilty and was convicted and fined 20s, in deiau.l 4S hours imprisonment.

DU.NEDIN MAN SENTENCED

Aopearing on remand for sentence on a charge of having stolen an engagement rin" and a tie pin valued at £l2 from a room mate named Frank Pitt, in Wain B Hotel, Dunedin, William Glasson, a young well-dressed man, had nothing to say. The Probation Officer's report, sent up from Dunedin, was an unsatisfactory one. A similar report from Invercargill, said Chief Detective T. Gibson, was to the effect that accused was the eon of respectable His Worship convicted and admitted Glasson to probation for two years. Special conditions included that he prohibit himself from alcohol for each year of the period of probation and that he refrain from visiting racecourses.

THREE MONTHS' IMPRISONMENT. "Drink's my downfall—give me a chance, your Worship, and I'll take a pull on myself," said Albert Joseph Bell, aged 42 years, who has a lengthy list of previous convictions, when pleading guilty to a charge of being a rogue and a vagabond in that he had begged alma in Selwyn 6treet, Adding*ton. • Pleading for leniency the prisoner said he would go back to the country and take out a prohibition order against himself. However, hia Worship refused to believe the well-worn tale and convicted and sentenced Bell to three months' imprisonment with hard labour. A WARNING. Pleading that he had only done what others wero doing, Leonard Humphries, a young man, admitted having plucked fruit from an ornamental eh rub in Hagley Park. "He went in and trampled down the flowers in their beds and plucked the fruit from the crab apple trees," eaid Senior Sergeant F. Lewin. "Yea," aaid the Magistrate, "it seems that this young man has simply done what he saw others doing. He has followed in the bad tracks of others. I think the prosecution has been brought to act as a warningto others who might be tempted to do the same thing." Senior Sergeant Lewin assnred his Worship that such was the case. Ao a similar charge, A. Collender pleaded not guilty and after hearing the evidence the Magistrate dismissed the case. BY-LAW CASES. Claude Ring, who admitted havinj left a car standing' in a street at night without

a light, was convicted and fined os. Ha made a voluntary appearance. Harold McFarlano, who also made a voluntary appearance, was similarly dealt with for riding a bicycle on a footpath. "Walter Arnold, Wm. F. Bull, and Henry Brunton were each convicted and fined 5s and costs for pillion riding. J. S. Ashworth. who had an indistinct number plate on the rear of his motor-cycle, was convicted and ordered to pay 7s costa. Claude Jack Ferrier, who in a statement to a constable admitted having travelled at about 35 miles an hour in his motor-car in Victoria street, was convicted and fined £3 and cost 3. A further fine of 5s and costs was imposed on him for having driven without a rear light. For cycling on a footpath L. Dryberg, H. Goyhtin and T. Pearce were each convicted and fined 5s and costs.

For having left motor vehicles in a street without reasonable excuse the following were each convicted and fined 5e and costs:— W. Baker, C. E. W. Burneister, h. H. Clarke, H. E. Curtis. F. H. Drewitt, Wilfred Godfrey, B. F. Halcrow, G. B. King, Elsie Lewers, M. G. Louisson, Win. Machin, M. J. Mander, H. Menere, J. H. Moore, T. Newburgh, Bernard Eennell, A. S. Sanderston, Geo. Scott, junr., J. H. Shepperd, R. W. Toswell, W. F. Turner. Noel Vale, Cecil W. Wood, and W. G. Wright. William Schneideman was convicted and fined 20s and costs for having driven a car without a certificate of ability. Joseph Regal was convicted and fined 20s and costs for cycling at night without a light, SEQUELS TO ACCIDENTS.

William Thomas D. Cowlishaw, a young man (Mr R. M. J. Cowlishaw) denied a charge of dangerous driving in a motorcar ' along Stanmore road.

After hearing the evidence, the Magistrate held him guilty, and convicted and fined him 20a and' costs.

A fine of 20s and costs was Imposed on L. Delmonte, who pleaded guilty to a charge of having driven a oar without a certificate of ability. Ho was similarly fined for having driven in a negligent manner, a charge to which he pleaded not guilty. Both cases were the results of accidents.

IN OTHER PLACES. DAMAGES AWARDED. (PBXSS ASSOCIATION TSLEGRAM.) GISBORNE, March 13. In tho Supreme Court, in the case in which John William Boniface proceeded against the Gisborne Sheep Farmers'. Frozen Meat Company for £1137 damages for injuries received by plaintiff through contact with iv fan in the freezing chamber, the jury returned a verdict for £403.

SOLICITOR'S TRUST ACCOUNTS. (fHISS ABSOCIATIOH TTLIGRAJf.) AUCKLAND, March 13. D W Neild, solicitor, of Maungaturoto, was'fined £SO in the Police Court for failin" to furnish an audit of his trust accounts. Defendant did not appear.