THE COURTS.

Press, Volume LXII, Issue 18722, 19 June 1926, Page 9

THE COURTS.

MAGISTERIAL. FRIDAY. (Before Mr H. A. Young, S.M.) REMANDED. Margaret Durkin, a domestic, aged *- years, was charged on remand with obtaining credit by fraud, to tho amount of £1 l^s- - May Ist, 192 G. On tho application of Mr J. D. Hutrhiion, eho was remanded on bail until Tuesday. ALLEGED ASSAULT. Herbert John Lilly, labourer, aged 31 years, was charged that, on August 21st, 1015, while a passenger on a. train between Lyttclton and Christchurch, ho unlawfully assaulted a girl. Chief-Detective- T. Gibsun appeared i nr the police, and asked for a remand for a week. This was granted. Later at the sitting the Chief-Detective asked that Lilly should be called again, as he had sent in word by a constable th'it ho had decided to plead guilty. Lilly again went into the dock. "How do you plead?" he was j-.sked. 3\"ot guilty. The Chief-Detective: But you just sent in word that you would plead guilty. I did not understand what the constable asked me. "You are remanded for a weede," Baid Mr Young. FAILING TO MAINTAIN. Edward Joseph Morgan was charged with failure to comply with the terms of maintenance orders in favour of lub wife and child. Mr P. J. Jones, Maintenance Officer, said that defendant had paid no money into the Court in tho past sis years, but ho stated his wife had received from him tho sum of £l5O, which was a war gratuity. The arrears were £5Bl 10s, comprising £'375 15s in respect of the order of 22s cd per week in favour of his wife and £203 15s on the other order. Morgan had stated that ho had been divorced from his wife two years ago, and further enquiries would be necessary. Recently the defendant had been working for a. contractor at Hastings. It appeared to bo a case in which 'ho defendant should be given a chance to meet his obligations. Mr Jones suggested that a term of imprisonment be fixed under the Destitute Persons Act, warrant to he suspended if Morgan reduced the arrears. He was sentenced to six months' imprisonment in Wellington gaol, warrant to bo suspended if he pays £3 10s forthwith, complies wit!; tho terms of tho order in respect of his child, and pays 73 Cd per week off tho arrears. The charge in respect of his wifo was adjourned until July Hlh. ADMITTED TO PROBATION. Four charges wero preferred against Charles Henry Close, labourer, of _' New Brighton, aged 32 years, of incurring liabilities by fraud in May and June. The amounts were £1 10s from Charles Henry Burrows, 13b 3d from F. W. Trotter, £1 os. 3d from George William Smith, and 14s lid from Henry Bradbury. Close elected to be doalt with summarily, and pleaded guilty. Chief-Detective Gibson said that accused had had goods sent to a fictitious address. In one case ho had obtained as small a sum as • a shilling. He had not been in trouble for a number of years. As a youth ho was sent to Burnharn. Mr E. W. White, who appeared for- Close, said ho had beon drinking, and had been suffering from a recurrence of malaria contracted during tho ■ war. Aectissd was not altogether responsible for the condition in which he found himself. Ho was a married man, and had received an offer of work in tho country. If given probation, ho would probably be able to rehabilitate himself. Probation was abo recommended by tho Rev. F. Rule, Probation Officer, who suggested that it be for a considerable term, to allow him to make restitution. On tho first charge Close was admitted to probation for a term of two years,, and a prohibition order was issued against him. APPLICATION FOR REHEARING. Reinstatement of tho case against Thomaß Grace, who was sentenced to throa months' imprisonment on Tuesday, on a charge of assaulting Frederick Moore, a second-hand dealer, was' the subject of art application. Mr J. B. BatcholoiT appeared in suppoi-t ot the application. His, client had had no summons served on him by the police, he stated. Counsel had searched the Court cords, and ascertained that iho summons had been issued by tho inforrAant. If, this was truo, thoro had been a gross breach of Court procedure, amounting to a false/ declaration by the complainant. Ho understood a warrant had been issued for arrest of Grace, and suggested that it bo susponded to allow him to appear at a 1 rehearing. Grace could prove that he had not seen Moore for three mouths. His client was out in the country, and it would Be grossly unfair for him to be detained by the Court. There were a number of men named Grace, and it was probable that tho informant had issued the suray mons againßt the wrong man. It was lather unusual for the complainant to serve a summons in a criminal charge, as it was usually ieft for the police. . v Tho Bench: The police did not know the man's addreß3. "Informant could have informed them of ; Grace's 'whereabouts," said Mr Batchelor, "and he could have taken a constable to him, if necessary." The-warrant for the arrest of Grace was 1 suspended until Tuesday, a written, application for a, rehearing to be .filed .meanwhile. , .''''. , ... BY-LAW CASES. Tho following were fined for driving .motorcars without lights:—W. Anderson', 20s and costs; G. Goodwin, 10s and costs; J. Mat-. son, costs; I. Montgomery,' 10s and costs; G. J. Morrison, 10s and costs; N.' M. P. Roilly, 10s and costs; J, Burns and Co., Ltd., 10s and coßts. For leaving cars unattended the following •wore fined:—o. Davis, 5s and costs; G. A. James, 6s and costs; R. A. Palmer, costs; K. W. Robinson, 5s and costs; C. W. Thompson, 5s and oosts. L. Field, W. Gebbio, and D. Manson were charged with driving an excessive number of sheep, along the load. They were further charged with driving tho sheep, during prohibited hours. Manson was fined £3 and costs on each charge. The other two defendants wero each ordoi'cd to pay costs. H. R. I. Fraser was fined 10s • and-costs for driving a motor-cycle without a license' to do so. On a further charge, of pillionriding ho was ordered to pay costs. H. W. Hay was fined 20s and costs for ■-Hiirying a passenger on a motor-cycle other than in the side-chair. .For abetting theoffence, C. Snelling 'was ordered to pay costs. M. Lawrenco was fined; 10s and costs for giving an unstamped receipt. For having an unlicensed wireless V. A. Philpot was fined 20s and costs. Far riding an unregistered motor-cycle, J. : G. Mackio wa3 ordered'to pay Co3ts. E. L. Upjohn was fined 10s and costs for , riding a cycle at night' without U light. For allowing cattle to wander T.-Welsh was fined 10s and costs. J. Kinlay and M. F. Waghorn were, each ) fined 10s and costs for a breach of the Arms Act. On .a similar chargo E. H Pateman was fined 20s-and costs, and 0.. W. Waghorn Is. • ' George Marra was convicted and discharged on a chargo of driving a motor-car. with dazzling lights. For driving a motor-car without, a licenso to do so, B. Maw was. fined 10s and costs. W. B. Crothers (Mr van Asch) was' charged with failiug to stop his motor-car when signalled to do so by a constable' ,Ho was further charged with failing to keep to; the left. , The first chargo was dismissed. On th» second charge he was fined £5 and costs. For driving a car with the old Christ, church number plates attached, Leslie McBeth was convicted and discharged. Julius A. A. Caesar (Mr van Asch) was charged with passing a stationary tram-car at a greater speed than four miles per hour. Julius Albert Caesar stated that on the day in question ho was driving his car to Sumner. He was travelling at tho back of tho car at about 15 miles per hour. Ho sounded the born and passed the rear of the tram-car. -■ He slowed his car down to about 5 miles per hour. Ho had just reached tho front of the car when a woman ran in frant. Ho pulled up immediately. He had been driving for 26 years, and he had never before had an accident. He knew that there was a by-law which stated that tho speed to pass .a' Stationary tram-car, on the off-side, was i miles per hour. . John S. Hawkes stated that about > threo days ago ho had'driven in defendant's car. The distance within which defendant had pulled up showed that he could..not have been travelling at any speed. The driver of the. car had pulled up in half the lengthof the car.' The case was adjourned until June 25th to allow another witness to give evidence. BREACH OF PROHIBITION ORDER. E. E. Columbus was fined 10a and costs for a breach of a prohibition order. (Bofore. Mr H. Y. Widdowson, S.M.) MOTOR COLLISION CASE. '} "The N.Z. Farmers' Co-op. Association,: -j-Christchurch (Mr F. W. Johnston), sued ' James Edward Soutbam, Gresford street, J ~Sff"llbanst- 3. -.Soutbam, Chapel .street; Greymouth (Mr R. Twyneham), for £39 14s. 6d, said "to represent tho amount of" damages' to plaintiff's motor-car, and £lO depredation in value, caused through a

collision with' a mdtor>-car driven by James Southam at' the corner of Greaford street and Hill's road, Christchurch, oh January ■ 16th. . . , . , The defendant,, S. J.. Soutbam, filed a counter-claim for ,£25 ls'Gd, as damages and depreciation to his car, alleging that'tho car owned by the C6-6p. was driven at an excessive speed-, and ; that it was not'.under' proper control. " ' . Judgment was given for the defendant on, .tho claim, and for tho plaintiff on.the,coun-ter-claim. '.' Costs were, not allowed either party.. ■■