THE COURTS.

Press, Volume LXII, Issue 18677, 28 April 1926, Page 3

THE COURTS.

MAGISTERIAL. , TUESDAY. (Before Mr H. A. Young, S.M.) ; BREACH OF TERMS. , Christina Lawion, - aged 70, was charged •with failing, to'comply with the te:ma of her release on probation. 1 . Accused had 197 previous convictions against her. She was sentenced- to one month's imprisonment. IDLE DISORDERLY. Edward William O'Connor was '• charged with being an idle and disorderly person and that he did impose upon certain private pcraons with the view to obtaining money. Detective-Sergeant J. B. Young, stated that accused had arrived in the country about six weeks ago. He had deserted from ■his ship on its arrival at Lyttelton. On Monday defendant went to St. Bede's College and borrowed 10s from one of the Rev. Fathers. He eaid he wanted the money to go to Rakaia. He had borrowed further sums. Defendant stated that he had given the money to another man who was going to obtain him a position. He had not seen the man since. "Do you think ho has been imposed upon?" said the' Magistrate. "Perhaps some men have used him to obtain the money. Ho looks soft." Accused was sontenced to one month's imprisonment with hard labour. THEFT. Lionel Chamberlain, William Reynolds, and William Chisholm were charged with stealing 75 saoksj valued at £3 15s, the .property of some person or persons unknown. Accused pleaded not guilty. . The offence was committed at Amberley. I Mr C S. Thomas appeared for Chisholm, and Detective-Sergeant J. Young prosecuted. The information against Chisholm was dismissed. Reynolds and Chamberlain were each fined £3 and costs. ON LICENSED PREMISES. Isaac Elliott and Robert Steele were each fined £2 end costs for being on licensed premises during .prohibited hours. : UNLAWFULLY ON RACECOURSE. Michael Lepinski was charged with attending race meetings when prohibited to do so. Ho was fined £5 and costs. DISMISSED. Frederick Walter rage was charged with being intoxicated while in charge of a car. l'ho charge arose out of a collision on Oxford terrace, on the nignt of April 23ra. Defendant hact collided with a car driven uy Jidward Harwell. Edward Barwell stated that he had been driving his car siong Oxford terrace on tho night in question. Ho saw two cars approaching, and one suddenly awerved and ran into him. After the collision he had asked for defendant's name and address, which wore readily given. Defendant had told witness that ho would pay for the damage. Ho appeared to be slightly under the influence of liquor. Accused stated that he had been out canvassing during the day, and had had only two whiskies. He had driven a friend home, and was, returning along Oxford terrace. As he approached the intersection of Barbadoea street a cyclist cut the corner. Jn order to avoid colliding with him, he had swerved, and had collided with another car Ho had received ft knock on the hoad and was feeling dazed, but he was quite sober. John Pollock said that he spoke to defendant after the accident, and he had then been quite sober. Witness could not even smell any liquor on him. Further witnesses were called who gave evidence that defendant was perfectly sober. Mr C. S. Thomas, for accused, said that in* a case of this sort the evidence should be conclusive. The Magistrates throughout New Zealand were being very strict on these offences. Fines up to £IOO, and even imprisonment, had been inflicted. It-was only fair to the defendants that ft doctor should be called in these cases. It was very difficult to distinguish between the effect of liquor and thflt of s blow such fts dc* fendant had. ... . , _ After deliberating for three-quarters of an hour the Magistrate said that the mpin difficulty was the evidence given by Barwell. The police should have obtained an expert opinion. At the Police Station a constable said that defendant was drunk, while the main civilian witness said that ho was not drunk. All the evidence in the ease was conflicting. The Magistrate thought that the defendant was entitled to the benefit of the doubt. The information was dismissed.

BREACH OF ARMS ACT. For failing .to register a firearm, J. G. Whitlock was fined £2 and costs. INFORMATION DISMISSED. Charles Edward Clack was charged with indecently assaulting a female child aged six years. ' • Detective-Sergeant Young prosecuted and Mr W,. Stacey appeared for the. defence. * Evidence wai given by Dr. Orooke and Dr. Pairman. The child refused to give evidence, and the information was dismissed. (Before Mr H. Y. Widdows.on, S.M.) CIVIL JURISDICTION. Judgment was given for the plaintiffs in the followingfundefended civil cases:—K. D. Benjamin and Co. v. C. Threlkeld, costs 235; Canterbury Freezing and Related Trades Union of Workers v. S. Payne, £1; Samuel Taylor and Kate Taylor v. Joseph Barron, £3 8s and possession of tenement; Apdersons, Ltd, v. J. E. Miles, £2 2s; Florence Ellen Berry v. Robert McGlinn, £6; National Mortgage and Agency Co. of N.Z., Ltd. v. II £3 lis 4.d; Jay, Wright and Co. v. E. Sharplin, 8s 9d; Booth, Macdonald and Co., Ltd. v. H. Avery, £27 lis 3d; same v. F. Magnussen, £l4 18s 6d; O. Rowe v. H. Pritchard, £1 3s; Kayo and Carter v. Black Bros., . £47 17s 4d; 'Hayward Bros, and Co., Ltd. v. ,D. M. Chalmers and Son, £2 10s; J. W: Kime v. Wm. Downing, £5; Chalklen and Simmonds v. ,H. Stephens, £ll 7s Id; Booth, Macdonald and Co., Ltd. v. Maurico Jensen for costsj 28s; Nash (N.Z.) Motors, Ltd. v. F. Nye, £6 8s 7d; same v. E. B. Fitzpatrick, £8 13s 3d; same v. F. James, £4; Andrew Fitzgerald, David Fitzgerald, and Wm. Joseph Fitzgerald v. W. F. Halliburton, £lB4 2s sd; W. H. Simms and Sons, Ltd. v. C. A. Cattell, £3 8s; David Crozier, Ltd. v. W. Glasson, £34 16s, 9d; same v. G. James, £1 3s 2d; C. F. Dobhs v. F. Rowe, £1 9s; C. E. Otloy, Ltd. v. J. E. Shacklpton, £2 18s; N.Z. Express Co., Ltd. v. B. J. Horgan, £lO 18s. 4d; Michelin Tyre Co.; / Ltd. v. Edge and Soal, £l3 Is 9d; same v.'D. M. Chalmers, £4 10s; Downings, •Ltd. v. F. .Henry, £1 2s Gd; Michelin Tyre Co., Ltd. v. W. O'Brien, £27 9s 7d; George Gilbert. v. A. Power, £l6 ss; Marguerite Smith v. Duvid Murray, £47 5s and possession of tenement; Violetta Rogers v. F. H. J. Clarke, £l9 15s; Dainties, Ltd. v. Arthur Henry Rudd, £55 10s 2d. On judgment summonses, F. M. Hampton was ordered to pay to H. J. Inwood £l4 10s 3d forthwith, in default seven days' imprisonment; H. M. Keith to p3y to KMdey Bros. £l7 8s forthwith, in default 21 days' imprisonment. . CLAIM FOR WAGES. .A. W. Ferguson (Mr F. W. Johnston), Cora Lynn; Arthur's Pass, claimed from W. Thomas (Mr Hanna), contractor, Christchurch, the sum of £95, being wagfs due, balanco on purchase of a cottage, and loans advanced. Judgment was, given for plaintiff for amount claimed and £l3 14s costs. LICENSING CASE. P. Dclargey, proprietor of the Empire Hotel, was charged with selling liquor during prohibited hours. After hearing the evidence tho Magistrate dismissed the information. 1 , For.being on licensed, premises during prohibited hours, Charles E. Hack was fined £2 and costs.