THE COURTS.

Press, Volume LXI, Issue 18447, 30 July 1925, Page 6

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Sim.) DISPUTED DEAL. j The hearing of the dispute between Edi»h Isabel Sleeman, wife of Thomas Joseph Sleeman, builder, of Christchurch. and Jane Guthrie, vidow, boarding-house keeper, of Christchurcb. was continued yesterday. The dispute concerned the falo of a private hotel. >~o. 335 Moarhouse avenue. Mrs Sleeman alleged that there was a contract to purchase, for £7OOO, the boardinphoußP. an additimil i l lO6O to be pa-id for the furniture. In January ]a9t she took possession of a room in the house and placed furniture there. Mrs Guthrie refused to give possession or complete the contract. Mrs Sleeman alleged that she was incurring <-xpense in obtaining- accommodation for herself and familr. p.nd had lost' the profits of the summer business. She claimed £750 damages, and asked for. a- declaration that the cnfr.'ct for salo and purchase wa3 Taiid ant tint fli2 w-s c«t : tled to immediate, possesion. In lite alternative, she a6ked that Mrs <"-uihrie be ordered to specifically perform th» contract. Mr F. "Wilding, K.C.. with him Mr A. T. Donnailr, represented the plaintiff, "id Mr C. S. ThonißS, ,with him Mr C. 11. Holmes, appeared for the defendant. CASE FOR THE DEFENCE. Mr Thomas said that, at the meeting- in the solicitor's office, Mrs Guthrie insisted on various clauses, soino of which, however, seemed to have been overlooked and were not in the. contract. When the agreement went to Mrs Guthrie, she pointed out these omissions, five ■of them • altogether. Later, draft clauses were drawn up J.nd'the business further discussed. Mrs Guthrie' wanted the insurance arranged in 'ft certain way, but Sleeman wanted it. done r.nother way. He would net consent to Mr 3 Guthrie's suggestion, but wankd the place insured in his own office. The solicitors tried to effect a settlement, but nothing came of it. Finally Sleeman rang Mr 3 Guthrie -up and said. "I'm £ick of tho whole business, and I'll throw up the contract." Mrs. Guthrie' agreed to. do that too. Later, Sleeman said that he wouid not throw up the contract, .as when he told his wife, she had hysterics .and insisted that the sale should go, en". Sleem»n wanted to bring- in-his furniture, but Mrs Guthrie requested him not-'to. -Early in the morning, two days after, he arrived with his furniture. Mrs Guthrie, tried to stop him, but he pushed past her with the furniture. Mrs Guthrie, could'not stop him. Mrs Guthrie said that Sleeman at first quoted a ridiculcus price. : ■■ Gillies said that he would leave ;tho question of commission to wi.tness, who.promised £lk'} if a sale was arranged. Later Gillies, the agent,' said that P.' Best had a picking in the transaction. Gillies said" that Sleeman would net buy unless Best was in if. Up to the timo cf the arrangement she did ::ot know that Sleeman was interested in the commission. She understood that Sleeman acted cm «n intending buyer. Durinj the negotiations she. dici not know that Sleeman wa« actin;? for his wife. ■ He was' anxious to have the insurance in a certain office and said: "I will call the • deal- eff;- I won't be dictated to as to how' my- business shall bo conducted." She replied :■ well, we will call it crT." Later she saw an advertisement for r.n cmployeb for'.th'e place and Sleeman admitted that,he had inserted it. He said: "When 1 told-my wife the deal was off she went into hysterica,' .and I declined to go on with it." ''Witness said: "You don't mind how' you 'upset,' us; you called the deal cfT and I'm going to abide by that." To Mr Donnelly: She eigned the agreement on condition that Sleeman insured in the way cho wished and ' observed' certain conditions' r.s to painting, conducting the business, and bo on. lie agreed to stay in the place for five years and conduct' it as a boardingbouse. She desired the place to be kept as. it was as long as she - had any money in it'. James Hugh Williams, solicitor,' stated that when negotiations wcro in hand ho did not know that Sleeman would receive a- part of tho commission. It was untrue that Mrs Guthrie end witness, from thev start, know that S'ec'man was buying for Mrs Sleeman. Reginald Evgciic Booker and Dorothy JacKson, daughter of tho defendant, a'so gave evidence.' Mr Thomas siid that there was no arrangement £.s to where' the insurance should be, placed and .there ha_d. been a cancellation of the acroetn.ent.. . Judgment''-was leserved.

MAGISTERIAL. ■WEDNESDAY. (Before Mr Wyvern "Wilson,. S.M.). ' ■ DRUNKENNESS. ■ A labourer was convicted' and fined ss,' in default 24 houm' imprisonment. ■ YOUTH'S LAPSE. 1 "I stole the.money iecause Baxter kicked, me," was tho only excuse offered by Robert Arthur Neal, 17 years of age, who pleaded guilty to havins stolen the sum of £2O from William Baxter, at Mina, near Cheviot, NeaT-3 parents reside in Wanganui. Ho had been working with the man Baxter, in Mina, and in a statement to the police ho said that Baxter- kicked him one day, Jn a roof. That afternoon he went to Baxter's coat and stolo the money. His Worshio convicted the accused and, becausa of his. voutb, released him' on probation for a period of two years. He -also ordered him to repay tho £2O. "ONE OF "WORST CRIMINALS." Two young men, Ronald James Jones and Victor 'Slater, both of .Christchuvch, pleaded guilty to having committed wilful damage and mischief to. a, dwelling and household content:),', the property cf Clara : Dn,irio at New Brighton, to the cxtont. of £9 2s 6d. Police statements were to the effect that the young men had gone to the residence at New Brighton and damaged it considerably. His Worship remanded both accused in custody till Friday morning, when he wi'l deliver sentence. Chief-Detective T. Gibson, prosecutor for the polico, eaid that Slater was one <A the worst criminals in the city to-day. Mr F.' D. Sargent who appeared for Slater, objected to the remark, and Baid that wns for the Probation Officer to say. GIRLS CHARGED. On a charge of being an idle and disorderly person, Hanna Vera Garnett, a seventeen-years-old girl, of - Halsweli, was committed to the Wellington Borstal Institute for a period not to exceed three years. Another eixteen-yeare-old girl, who admitted a similar charge, aas ordered to remain in the Salvation Army Heme for twelve mohths. Publication oi her .name was forbidden. (Before Messrs W. Jones and F. H. Christian, J.P.'s). VALUELESS CHEQUE. Three charges of causing people to act on valueless cheques, as if they were genuine, were preferred against Jdmes Phillip Hcoper, a. young .man- Paterson), who pleaded ruilt-y. The persons concerned were Charles Vignal Glasson (cheque for X"6), William Hayward (cheque for £l3), and Percy Curtis (cheque for £ls). Hooper wu committed'to tho Supreme C-curt for sentence. ■ ■ SEItIUL"S CHARGES. "Guilty," enid Reuben Tawhao Kohu,. a well-dreesed Maori Aged 24 yeara, who was charged with a grave assault on a fourteeii-yoars-old gir". Kcpu was accordingly commit ted to the Supreme Court for sentence. Mr F. D. Sargent appeared for Kop», ■ V A youth, Walter Ernest Richards, agea 17 years, residing in Beckenhflm (Mr J. U. Batchelor), pleaded not guilty and was committed to the Supreme Conrt • for trial on a. similar charge in repect of the same girl. The details of the cases were described by Mr Sargent afl being disgraceful. In his opinion the mother of . the girl should have been in the dock instead cf the men for encouraging her daughter to act as she had done. • - . A labourer, William Carlyle G.raham, ag<Kl 72, yeara, denied having indecently assaulted a male. After hearing th 9 evidence, the Justices committed the accused to tho Supremo Court for trial. ALLEGED" THEFT OF FUNDS. ; (Before Messrs-H. F. Herbert, J.P. j P. L. Davies, J.P.). Ma : Thomas Alexander Mitchell, a young a>'<>n was charged with, ho.vi.ng stolen, on Anril 13th, the fium oi £5 Bs-4d, from the vf—pital Board. Mr W. F. Trt?y appeared for Hitchell ifi an ex-member of the Board's clerical Chief-Detective T. Gibson eaid that tis<* total . defalcations as far as they „ I present were £9OO. Mr Tracy: He gave himself, up volnnterilv calling. at the Polico station. i* eingie man. I apply for bail. 4 Chief-Detective Gibson: There ej-e „*v charges to bo' laid, ' er Bail was allowed accused in «elf £2sry two sureties each of £260, accused tohimself to tho Detective Office every eVc J°[. A'remand was granted until Augtigt sth °* The defalcetic<ns are alleged to have - tended over the past few yeara, the aJiJ,*" tion being tliat vouchers were falsify , abling the drawing of moneys allege t |!" the wages of nurses and wardmaide who h i leit thp. EpsisL'a «byma» . .. a