THE COURTS.

Press, Volume LXI, Issue 18342, 27 March 1925, Page 14

THE COURTS.

MAGISTERIAL. THURSDAY. (Before Mr G. Cruickshank, S.M.) DniWKEX.YE.SS. Two statutory first offenders, a man and a "woman, ■were each convicted and discharged on a charge of drunkenness. Boih had spent the night in' the lock-up. REMANDED. On a charge of having indecently assaulted a giri. 9:1 years of age, George Cabel Pnce, aged 79 years, was remanded to appear on Wednesday next. ALLEGED THEFT. A farther remand till Wednesday was also panted in the in which Arthur Smith, sged 40 years, was charged with bavin? etoirn a quantity of harness, the property of the St. Co'.umba" Presbyterian Church, Hornby, on or about .January 14th, J323. Bail wag allowed. OLD MAX'S LAPSE. Thieving timber fro:n the yard of Harcour and Daniel, Christchtirch, - was admitted "bv William Carlvle Graham, aged 72 years. The value of the piece of timber he p'ea.de-1 guilty to having stolen was 12s. but in the course of the prosecution Detective-Sergeant D. Connolly ?aid that the o!d man had been cautioned about it before. Graham lived next door to the timber yard, and on Wednesday evening one of the employees caught h:m with the timber, and the police were communicated with. "When the house searched," the Detective-Sergeant continued, "enough timber v.-a s found to last, the old man • for twelve months. I don't know v.hat he was going to do with it. I think he's in his dotage." Accused was convicted and ordered to pay the expenses of the prosecution. "MEXACE TO THE PUBLIC." Charged with having been found in a state of intoxication in a motor-car in Cashel street on Wednesday, William Hayes, a farmer, of West Melton, aged 39 years, pleaded not guilty. Mr G. T. Weston defended the accused. Evidence was given by Archibald McCslluia, a draper, who said that on Wednesday afternoon he stopped his car in Barbadoes street, and went .into a boot shop situate about 100 or 150 yards from Cashel street. While he was there he heard a crash, and on running into the street saw that Hayes'j tar had collided with the rear of his car and had damaged it. Hayes was drunk, and witness could not get an . intelligent reply from him. Eventually he rang the City Motor Inspector and told lum what had happened.

The evidence of an assistant of the City Motor Inspector, who was sent to the scene, wis to the effect that the accused wu drunk. Constable T. Edwards, who arrived some time later, also deposed th?t in hij opinion Hayes was intoxicated, and that he swayed on his feet when he stood up. Counsel for the accused based his defence on tne contention that the brakes in Hayes's car hod failed to act, iind that that was the cause of the accident. He said that his chcnt had come into Christehurch from West Melton on Wednesday, with his wife, for ( ho purpose of attending the Addington sale. He left his car in a local parage, and while he was at the yards he had five glasses of beer. He had not drunk anything for a week before that, and perhaps five glasses of beer was more than his capacity. However, after the sale he went to the garage and got his oar and drove away. When he went to the garage he was sober enough (o convince the garage hands that he was capable of driving a car. In evidence,- Hayes made statements simi lar to those made by Mr Weston in his opening. Ho said that he had intended to park his car behind McCallum's. He de nied that he was drunk, aDd blamed the brakes in. his car for the accident; the hand brake had not worked.

"The hand brake in Hayes's car would not work, ind the foot brake was not efficient," said Maxwell Bo.vd, a motor mechanic, who had examined the accused's car, and who gave evidence for the defence. In hi J ouinion Hayes was sober enough to take charge of a car. His Worship said'that ho would have to convict Haves. as he believed he had been drunk. Therefore he. was a menace lo the public. ' He might have knocked over little children or other people or he mieht hav» collided with hievcles. However, his Worship said be would postpone sentence till the ifternoon, because he would lik« to read tV><> Act. In the afternoon his Worship said I'c had looked'into the Act. and 1 fouM that it wafi noßsible for him to disqualify the man from, obtaining a driver's license if he had not one aire adv. Further, the- fine for such an ■offence as Haves had committed had been increased to £IOO. A man in the ncc"sed'<! position had to he made an example of. rvon though he was a thoroughly respectable man. Hayes was fined and '"•as disqualified from obtaining a driver's license for._ six months. CONCERNING A DOG. Alleging that he had lent Joe C'ordner, a drover, of Lower Riccarton (Mr A.- H. Cavell) a pheep-dog, which he valued at £lB, ami that Cordner haid failed to return it, Robert Sloan, a ploughman, of Amberley (Mr F. W. Johnston) claimed the dog's return or its value. During the hearing of the evidence it was stated that the dog had been killed by a motor-car. Judgment was given for the plaintiff tot £5 and costs. CIVIL BUSINESS. Judgment by default was given for the plaintiffs in the following undefended casee: New Zealand Farmers' Co-operative Assn., Ltd. v. N. Mills, lis 3Od; Riccarton Timber Co., Ltd. v. M. Barnett, £4 l€s 7d; Christ's College v. •F. C. Elliott, £lsl 19s 7d; Goodrich Silvertown Tyres, Ltd. v. Thomas Rees, £35 16i 6d; A. Britten v. E. H. Pateman, 7s 6d: Booth, Macdonald and Co., Ltd. v. William Sutherland and F. Harrison, lis (costs only); ,New . Zealand Farmers' Co-op-erative; Assn., Ltd. v. W. J. McLaughlin, .£l7 4s lid: Jack Suckling, Ltd. v. A. L. Band, £6; Goodrich Silvertown Tyres, Ltd. v. Charles W. Dickie, £32 5s lOd; Kempthorne, . Prosser and Co., Ltd., v. J. H. Thomas, £5 5a Id; W. H. Dunston v'. William Ray, £6 lCs; Beaih and Co., Ltd. v. R. De MathiaSj 9s (costs only); same v. T. Mcllroy, £1 4s 6d; E. J. Amos v. Arnold W. Cook, £1 7s Gd; Mrs. M. J.; Miller v. Alfred Lo Gras, £2 10a; Carrick Wedderspoon, Ltd. v. R. Mottram, £152 Us Gd; Mason, Struthers ( and Co., Ltd. v.William Painter, •£6 183-3 d ; same v. Tho:nas A. M _ ra, 16s Sd; Jame3 Shard and Co., Ltd., v. C. J. Moran, £l;2 Cs 8d; Maling and Co., Ltd. v. Reginald George Caddy, £l9 17s lid; eamc v. Allan Buckton, Jil las 8d; sar»# v. George stou Tanneries, Ltd. v. Charles Ensor, £l2 13s 2d: H. J. ..ptley v. T. Green, £35 Is 8d; Wriehl, Stephenson and Co., Ltd. v. S. D. Wilson. £l.l 14s Gd; Maling and Co. v. Mrs Mary Ellen Mathieson, £7 10a Ed (against her sepiratc estate). P. Innas wa< ordered to pay George Lumb th? 'sum of £l7 Us 6d, in default 11 days' imorisonment.

R. J. Stanhope was ordered in pav . C. Hunton tho ram of £ll 13s. in default 14 days' imnrifionment. the warrant lo be suspended if he pays £4 on April 26th. r.nd £4 on the 26th of each fallowing month. ' PRODUCE MERCHANTS' CLAIM.

The sum of £3 15s, alleged to- be tho amount overpaid hy the plaintiffs to tho dedefendant for a quantity ci cowgrass.- in May, 1924, wps c'.aimed.bv Field and Royds, produce merchant", Christchurch (Mr W. R. La=celle3), from •E. White, Springston (Mr F. Whitcombe).

It was stated by. a partner in the firm that an error had been made in weighing the grass forwarded by the defendant, who had been overpaid for it. Judgment .was given for the plaintiffs for the amount claimed. TENANCY CASE..

A dairyman of Halswell, Michael Thomas Wadley'(Mr W. J. Sim), claimed from Jack McGilligan, a labourer, residing in Ensor's road, and his wife, Jean MsGilligan. (Mr i-Y D. Sargent), the.sum of £23 ss. It was outlined in Jin* etatement of claim thp.t the McGilligans had entered into possession of premises owned by Wadley in Drummond street, Sydenham, as weekly tenants at the rental of £1 per week, in December. 1923, and that they remained there until February 12th, 19£5. The defendants had paid the rent up to December 23rd, 1921. but had paid nothing since that date. During the occupation of the premises, it was alleged that'the tenants had . damaged the place. • . The defendants applied for the filing of a standard rent under the War Legislation. After hearing the evidence, his Worship reserved his decision on both claims. FARMER'S CLAIM. Hector Jarden, fsrmer, Hillsborough (Mr C. S. Thomas), churned from M. C. Wearne and E. C Moir, cartage contractors, Lyt{elton (Mr W. J. Hilnter), the sum of £ls, being the purchase price of a draught gelding sold and delivered by him to the defendants in or about November, 1924, and which defendants had not paid. The defendants contended that they had taken the horse on trial, but after hearing the evidence, the Magistrate held that a sale had- taken p'.ftce, and accordingly gave judgment for J&rden for the full amount, with costs.

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