THE COURTS.

Press, Volume LXI, Issue 18541, 17 November 1925, Page 5

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adams.) IN' BANKRUPTCY. The following were granted discharges in bankruptcy:— Henry Lester Reed (Mr Y. I>. Sargent), Anthony Robert Andrews. /"TV* Stave!e - V (Mr.W. R. Lascelles). Jacob barren, farmer, of Asl.burton .Mr (!. I 11. Buchanan). John Sims, farmer, of Harewood (Mr J. R. Cuningham), Robert Cairns, ironmonger, of AsliLurton, formerly of the hrm of luchardsou and Cairns (Mr A. K. North). BUILDER'S APPLICATION REFUSED. Mr A. C. Cottrell appeared in support of i>n application by Georse Henry Mfred Edwards, builder, of Barbadoes street" The application was opposed bv Mr C S Thomas, who appeared on behalf of several of the creditors. His Honour said that the report of the Omcial Assignee was not favourable. Bankrupt apparently had gone into business without a penny of capita!, and had gambled with the funds of his creditors. Mr Cottrell said that bankrupt went into partnership with another man. who had the capital of (he firm. Later the other man drew out of til,: partnership, and bankrupt found that, afir-r ho liad built himself a house he was in del/' £3OO. He took two other contra.-ts to build houses, hoping thereby to make enough p-ofit to get himself out of debt, but one contract turned out disastrously, ami the other did not result satisfactorily for bankrupt. Questioned by his Honour, Mr Cottrell said that in the ■■use of the first contract, the man for whom the house was being built did not carry out his part of the contract, and bankrupt lost on it. Bankrupt contracted to bui'd a hnv;e for £784, and he knew the man had bur-owed £750. Unfortunately bankrupt allows! other charges to be paid out of the ;7:o, and he received nothing for hu;;d:n-_- the house. Kis Honour ;,u..l tliat the case was on the border I,no but was probably on the side that ma»ie if safe for bankrupt. He had continued to take contracts when he must'have known that he was inso'vent, and his creditors would receive probably about one shilling in the pound. Losses such as these fell on the trading community, and men of bankrupt's class were really a menace. The application wou'd be refused. CRIMINAL SITTINGS. Five prisoners who have p'eaded guilty to charges in the Magistrate's Court, will appear for sentence to-day. The cases for trial are as follows:-—-Harry Hill, theft. William Alexander Findlay, breaking and entering dwelling-house by day, and theft. Roland Ernest .lames Walsh, exposure. Ernest Astrup Guillermo, breaking and entering into a shop and committing crime (three charges). Walter Robert McTlwraith, causing death through the negligent driving of a motor vehicle. CIVIL CASES. The following civil cases will be dealt with at the sittings commencing on Thursday:— November 19th—Milligan v. Briggs and another. 20th—Joughin and another v. Opic (two coses). '■ 23rd—Webb v. the King. 25th —Divorce and Chambers. 26th—Stoddart v. Ashburton County Council. 27th—The King v. Carter. 30th, December 1st —Scott v. Patterson and Co. December 2nd—Bradley v. Bradley. 3rd—Raphael v. Sumner Borough Council. 4th—Sandrey and another v. Hampton and others. 7th—Bowis v. Galpin. Bth—Watt v. Southern Cross Assurance Co., Ltd. . 9th —Keen v. Keen and another. Rendezvous, Ltd. v. Scott Service Tailoring Co. 10th—Buchanan v. Robertson. 11th—Niven and Co. v. Cygnet. Ltd. 14th —Carpet Import Co. v. Beath and Co. 15th —McLcod v. Edgar and another. MAGISTERIAL. MONDAY. (Before Mr. H. Y. .Widdowson, S.M.). DRUNKENNESS. Three women and three men, charged with drunkenness for the first time, were each convicted and fined a, nominal penalty (which did not exceed 20s). SERIOUS CHARGE. A remand till the 25th inst. -was granted in the case in which Amy Glenn, aged 28 years, married, of Colombo street, Christchurch (Mr D. H. Hall) was charged with having unlawfully used an' instrument on a young woman. In asking for a remand, Chief-Detective T. Gibson said the girl had sine© died and a mare serious charge might be laid against the woman. An application for bail (made by Mr Hall) was refused. "CADGING FOR DRINKS." , On a charge of being idle and disorderly in that he begged alms in Tuam. street on Friday last, Percy Walsh, a middle-aged man, appeared on remand. Police statements were to the effect that Walsh had approached fifteen persons. "He was cadging for money to buy drinks," eaid Sub-Inspector J, M. Mathew. The man pleaded guilty, admitted being an habitual inebriate, and expressed a desire to go to Roto Roa. Walsh was convicted and, in lieu of other punishment, was sent to Roto Roa island for twelve months. HELPLESS DRUNKENNESS ALLEGED. Charged with helpless drunkenness, William John Naughton, an elderly man, who asked, "Am I supposed to be normal?" was remanded to appear in. a week. In the meantime he will be medically attended. CIVIL BUSINESS. Judgent by default wss given for plaintiff in each of the following cases:—The Crescent Manufacturing Co., Ltd. v. P. J. Taylor, £2 10s; F. D. Kesteven v. C. S. "Walker, £9 12s; H." Matson and Co. v. A. E. Moore, £3 17s; Andrews and Beaven, Ltd. v. W. H. McJarrow, £l3 ss; Beath and Co., ..Ltd. v.. A. H. Hanlon, £6 7s 2d; H. Hancock v. 'Peri Pomare, £9 163; C. S. Lewis v. A. Reid, £2;' Horace S. Crosse v. A. Eathorne, £5 18s Gd; Distributing Agency Ltd. v. George O. Owers, £37 Os lid; Paramount Tailoring Co., Ltd. v. J. Phelan, £6 ss; Maling and Col, Ltd. v. Wigzell Bros., £l7 15s; Frederick W. K. Barker v. James L. Hemmell, £ls; Booth, Macdonald and Co:, Ltd. v.-J. McDonald, £5 Is 9d; N.Z. Farmers Co-op., Ltd. v. W. Scott, £8 15s 8d; Smith and Lister v. Empire Costume Manufacturing Co., Ltd., £99 6s 3d; J. Rattray and Son, Lid. v. Evelyn Henry, .£l6 15s' 7d; Canterbury Carpenters' and Joiners' Union v. William O'Callaghan, £1 13s; same v. Samuel Banks, £1 2s 6d; Janet Pope v. John Barrett, £l3 10s; F. A. Cook, Ltd. v. M. M. Martin, £7 Is 9d; Simms and Sons v. J. Poole, £l4 9s. On judgment summonses, George Wright was ordered to pay £4 9s 4d to H. Jackson, in default five days' imprisonment; R. Stringer U. pay to E. E. Stewart, £7 5s 6d, in default eight days' imprisonment; J. H. Wilson to pay to J. R. Prisk £l2 ISs 6d, in default 14 days' imprisonment; J. D. Carney to pay to Park, Davis and Co. £8 14s, in default 10 days' imprisonment; S. Pierson to pay to Joyce and Johnston £2 9s lOd, in default three days' imprisonment. SALE OF CHATTELS. Harriet Jane Brown, wife of Robert Brown, of Christc.hureh. draper (Mr T. W. Rowe), proceeded against Rendezvous, Ltd. (Mr R. Twyntham).

It was set out" in the statement of claim that the plaintiff held a security for a loan of £2OO over chattels belonging to William Herman . Aschoff, in Freeman's Cafe. Aschoff was holding the cafe under a lease granted by the defendant company. The latter distrained on .the chattels on the premises for rent owing by Aschoff. Most of the chattels were sold under instructions from the defendant company, though these included chattels in the plaintiff's security. The amount realised was £378 lfis, and the amount the defendant company was entitled to retain was £228 2s 6d. The balance of £l5O I">s Gd should have been paid to the plaintiff. The defendant company, however, had retained £298 3s ltd, and paid to the plaintiff only £BO 14s Id. It was claimed, therefore, that the defendant company had unlawfully retained the sum of £7O Is sd. The plaintiff claimed also £l2 for a mirrored partition left on the premises. It was stated that Aschoff had become a bankrupt after the sale of the chattels. At the conclusion of the evidence for the plaintiff's case, Mr Twyrieham asked for a nonsuit, which was sustained. (Before' Messrs J. H. Scager and F. H. Christian, J.P.'s.) YOUTH'S TUSSLE WITH CHINESE. A 17-year-old boy, David Swift, labourer, of Marshland road, was charged with having broken and entered the house of Harriett A. Alexandre, at Marshland, with intent to commit a crime; with/ a similar offence in respect of the house of a Chinese. Ma Lik Ming, of Riccarton, and with having broken and entered.Yee Long's house, at Richmond, and stolen £2 15s. Mrs Alexandre said she found Swift in her house at 4.30 p.m. on September 23rd. and that he had said he got in through a window because a Chinaman had followed him. Ma Lik Ming told the Court, through the medium of an interpreter, that he caught the boy in his house at about 8.50 p.m. on September 22nd. He tried to hold him, but the lad got away. Nothing was taken from either of the two houses. On September 24th, between 4 and 5 p.m., said Yee Long, he found that someone had got into-his house through a window. He ''no

cum found fifteen shillins. And alle same no found two pounds." In a statement to Detective A. Allen, Swift said he did not know what made him go into the houses. After hearing the evidence the lad pleaded guilty and was committed to the Supreme Court for sentence. IN OTHER PLACES. ALLEGED MURDER. (PBES3 ASSOCIATION TELEGRAM.) DUNEDIN. November 16. When the charge of murder against Ellen Hart, in connexion with the Kaikorai tragedy on November 9th, was called in the Magistrate's Court, the Chief-Detective requested a remand, accused still being in hospital. He announced that it was anticipated that the case would proceed on November 26th. A remand was granted.