THE COURTS.

Press, Volume LXIII, Issue 18921, 9 February 1927, Page 5

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adams.) CRIMINAL SESSIONS. The criminal sessions of (ho Supremo Court commenced yesterday. The list was a, small one, five charges being set down for hearing. Of these, four concerned charges against drivers of motor-cars. Tho following Grand Jury was empanelled: Ernest Robson Caygill (foreman), Hubort Browning, Stanley David Denton, Samuel Kennedy Bassett, Fred Armstrong, Edmund Peter Gill, William Thomas Foster. Ernest Albert Robinson, William Fenner. John Bellamy Norris, Andrew Patrick Guy, Honry Kilncr, Frederick GlacJtin, Charles Edward Tustin, Patrick Francis Peoples, Douglas Mclntyra Park, Georgo Rutherford. Jo.w James Molhuish. Frederick William Thompson Herbert Clnir Jones, Clnudo Lionel Green. "Walter rranris Hcrrick, James Hutchins, nnd Arthur Clifford Wells.

HIS HQXOUR'S CHARGE. His Honour, in charging tho Grand Jury, said they would all"agree that tho peoplo of Christchurch and surrounding districts wcro to bo congratulated on the emallncsa of tho calendar. It was the emallest calendar since his Honour camo to the district, although ho believed there had been one instance when the calendar was smaller. There wero fivo persons charged. The first waa a caso of carnal knowlcdgo, in which the facts so far as disclosed were simple and clear, and would not present any diiliculty. The other cases were of a class which had been ior souio time past causing anxiety, because of ths heavy toll on the community caused by motor-tais and fast-moving vehicles on tho roads. Thcro wore four persons to answer charges of this nature. A man named Denham wa3 charged on four counts, two of manslaughter and two involving a special statutory offence created by the Legislature in 1911, <hn offence of carelessly or negligently driving a motor vchiclo and causing bodily injury or death to another person. Dcnham was carrying fivo passengers, two of whom wero so seriously injured that, ho was sorry to say, in each caso tho cravcr result had happened. Death nad been caused. Then there was tho case of a man named Judge, who was driving a motor-car near Ashburton nt about midnight and had lun over a cyclist travelling in the same diiection. The third case was against a man named Murray, and the evidence was that ho was apparently endeavourins to pass other tram:, swerved, overran the kerb, and knocked down a man und killed him. The fourth case was against a msn named Matthews, who was driving a car and it appeared that, in passing eomc cars ahead of him. ran into a van, with the result that the wife of tho driver of the van was killed. They wero nil regretable accidents, apart from the criminality of the act, or otherwise, owing to the freouency of occurrence. There find to be such evidence of negligence on reckless dnviig to justify sending the cases for trial bciore a common jury. His Honour did not think the Grand Jury would find any difficulty with any of the cases in this " 3pCCt - TRUE BILLS.

Tiuo bills wcro returned in ail cases, as "ileni? Denham, alleged manslaughter, two ' Sidney James Lilley, alleged carnal know- ° Arthur Howard Murray, alleged 'legligentIv' driving motor vehicle, thereby causing death. _ , ~ , ~ , Charles Colycr Jmkc al.cged negligent driving, caus'.r.R death. James Ludeman Matthews, alleged recklessly driving ntc'.or vehicle ur.d causing He'Jli. NOT GUILTY.

Charles Colycr Ji'dge pleaded not puiity t<j a charge of negligently driving a motorcar" thcrelv cni'injs the death of Herbert hoiry PaJ:ir. 'Mr C. S. Thomas, with him y r y W Uu«3o!l. appeared for accused. Norman Johnson, traffic inspector to the Ashburton County Council, gavo evidence as to measurements he took after the accident, and to a trial which had taken place ever the scene of the tcc : dent. Ho" eould s'« two to three cat-l*ngths aheid. Uobrrt Houston, watchman at the lrairfioM Frown; Works, said that lie was riding vrith Baker on the night cf the tccideut. Witness, when he sew the lights cf an apsronehing car, went as far ever t.i tbo left of the ro»d as possible, gakor did not have time t» mevo either one way or the othsr before the car was upon him. Tc Mr Thomas: He was seventy years o< ase. He had tin lamp en his bicycle, but Bak:r did. Baker n'eo had a reflector

on h:8 macliino find was carrying a hamper on tho carrier at Iho back. Ho did not think this would affect tho reflector. Constablo Paul, Ashburtoit, said that accused had told him that his eyes were not too good, and ho had been working Into houro. Accused could not account for tho accident, and said that the bicyclo did not have a reflector on it. WitneM examined the bicycle, and found a reflector attached. Accused had Baid that the street ugh' 3 ahead affected his vision, but witness considered they would not affect tho eight at all. Ho went over tho sccno nf tho accident in accused's car, and ho could see clearly at least a distance of two telegraph po.es ahead. Ho knew nothing about «.ho explanation of Johnson in regard to tho v;sibility ahead. . Constablo Hassall also gave evidence No ovidence was called for the defence, Mr Donnelly stating that he was quite prepared to allow the sworn evidence of accused in tho lower Court. Mr Thomas, in addressing tho jury dean with the evidence given by accused. »« Fitid it was a class of case in which the defending counsel always ftlt great responsibility. In this instance, «■< » PFJ" fcctly rcspectablo citizen charged with driving a car negligently. The whole quclion was whether accused was driving in » »»> that any decent, resectable man would no doing in oidinary circumstances. Ho suumitted that had Baker int taken a ti«n to the right the car would not have hit turn. His Honour said that it had been no Med out to llw jury by counsel 'or tho defence 'that had Baker remained where he was in strati of turning to the ngh . the accident would not, have happened. . If they accepted that version as correct, their duty ™«™J; They mmt be .atisPcd beyond >«*™»™ doubt that accused was guiltv ->f r '*''&7„ t Tho jurv rcti.ed at 2.40 and ret rnedl at ,1.2 p.m. with a verdict of not guilt J, »»<> tho prisoner was discharged.

ACQUITTED. Arthur Howard Murray pleaded not guilty to a charge of negligently driving n motor car. thereby causing » ho r d . cat . h , ti/'g. Nelson. He was represented by Mr c. T M?'Donn.lly. in outlining the rase for the Crown, said that the accident, had taKcn •dare on a footpath in Melon, street the accused being on the wrong side of the roaa almost as far as it was possible to be. Thcro was n strong onus to prove lio was not negligent on the part of a motor driver who drove on tho footpath on the wrong side and ran down a pedestrian who was ciititica to assumo it was a safe place. It characterised a desire on the part of drivers to pass trade in front of them without seeing if. the way were clear. This was one oi those eases. It was a painful case. »» accused was a man of the highest character and a highly respected citizen. There was no suggestion whatovcr of drink. Honker, the jurv had not to let these facts influence them, but had to deal with the casu as it stood. ■ | Alfred John Breach, builder, Rangiora. sat<i he was driving a car along Victoria street on tho day .of the accident, hut could no' estimate tho speed of accused's car. lie considered it was not the speed, but tne jamming of Nelson against Cooper ami Prvce's dcor which caused his death. To Mr Thomas: It was quite possible that Murray thought Mrs Smith was going to stop her car. l)cbor,-h Smith said she was driving . « small Fist car along Victoria street, and intended ti go into Cooper and Pryee s. hhc gave the signal and just as she was "bout to cross the culvert on the footpath she heard the swish of Murray's car. As s""-' took the turn across the road she did not sec Murray coming. To Mr Thomas: Before she took the turn she looked behind her. As she was crossing the road she looked to her right and saw nothing. If she had seen Murray she couiu have stopped immediately. . , Harrv Krnest Swectland, employed o> Cooper "and Pryce's. save evidence as .» hearing the crash, and to the damage to ti.donr. ~ . . .. ■ Thomas Fnrd said he was riding with .yisou. and thinking an accident jumped off his bicycle. Murray was going at a fast speed. Margaret Robinson. Victoria strec. B a%c evidence as to witnessing the accident. To Mr Thomas: She considered the speed that Murray was travelling was not es< sive for an experienced driver. It was quiit possible thst Murray's vision would he . » scurcd by a car between his and Mrs Ssinitn =, "john Bruorton. traffic inspector, and ConStable McKenzic also save evidence. No evidence was called for the Mnet. Mr Thomas said he » a ', a ? rl ' d m^n , of would came the jury a certain amount: o difficulty Accused wi« charged with cau. fag tuodeath"of another person «hr»u.-h neellrsnce This was a leuer change .nan a a conviction a«»ln.t »""J ™" nMtr Xher'^urr. 0 /^I. » whether it was. »,.^" ho *j„ r V hid to dojrS»^"t,'not ,hunier-.hccircum-

stances tho accused, by negligence, brought about tho death of Nelson: whether ho wa« entitled to be driving on his wrong side; or whether ho wad entitled to adopt tho courseho look. . Tho jury retired at -1.30 and returned at 4.45 p.m. with a verdict of not guilty, and prisoner was discharged. CIVIL SITTINGS. Tho following cases have been set down for tho next civil sitting of tho Supremo Court: —Craylhorno v. Jenkins and others; Taylor and others v. Criglington; J. It. McKcnzie, Ltd. v. Hartford Fire Insurance Co., Ltd.; Lamb v. Knight; Public Trusteo v. Bridge; Oliver v. JlcDougall; Smith v. Smith; Noedhom v. Wcvcrcux; Oakley and others v. Oakley and others. Banco and Chambers —Ballan and othors v. Shale and others; Florance v. Mclntyro and nnothcr; Whito and others v. Hart; Williamson v. O'Mallcy. In Divorce—Pitcnlthly v. ritcnlthly; Dunnill v. Dunnill.

MAGISTERIAL. CIVIL BUSINESS. (Before Mr H. A. Young, 8.M.) Judgment was entered for the plaintiffs in the following undefended civil cases:— Elizabeth Alston v. H. I. R. Roberts, £5 2s 6d; Sydney Alfred Smith v. Delbridgo Carl, 17s; Zilpah Bartlett v. Mrs Ivy Montgomery, £10; the National Electrical and Engineering Company, Ltd., v. J. McCicedy, £1 10s; R. Kirk v. W. Smcilio, £35 10s; tho Public Trustee as executor of the will of Lazarus Wolfo Balkind v. Waltei Edward and Irene Pope, £B3 3s; Robert Barter v. J. Rutherford, £9 lis 9d; N.Z. Farmers' Crt-operativo Association of Cantcibury, Ltd., v. Mrs C. Lawrence £5 12s b'd; tho Rodger Importing Co. v. T. Scott, £1 ICs; W. H. Simins and Sons, Ltd., v. K. Hornbrook, £1 14s Gd; samo v. D. Patuaka, £l2 15n; A. R. Bristowo v. John Shonnnn, £1 10* 9d; Henry William Thompson v. E. J. Wilson, £5 10s; Martha Hint, by her attorney, tho Publio Trustee, v. Mrs Violet Hines, JOs; Geoffrey Harper v. J. Mills, £1; W. R. Gobbe v. W. L. Short, £2 7s; F. D. Kcstevcn v. H. Cowan, £l4; Moonay's. Ltd., v. R. Hobbs, £3 10a; N.Z. Electric Steol Works, Ltd., v. J. H. Dawber, £3 4s; J. T. Norton and Co., Ltd., v. F. Ahern, £4 2s; Gcorgo Stevenson y. I. O. Houghley, £7 10s and possession of a tenement; R. B. Bambcrry v. A. J. O Keefe, £l4 and possession of a tenement. On a judgment summons, S. Campbell was ordered to pay the New Zealand Farm «s ß Co-operative Association of Canterbury, t.td. ; £1 9s Cd forthwith, in default thrco days imprisonment.

CHARGE DISMISSED. Peter Carl Weenink, Inspector ot Awards proceeded against William Toomey. of 285 St. Asaph street, cniineer, for the sum ot £3O, ccnaltv for breaches of the Canterbury Metalworkers' Assistants' award. Mr F. D. Sargent appeared for tne at'it"was elated in the statement of claim that the defendant had employed Kooeri dimming at a rate less than the prescribed * Judgment was given for the defendant without costs, the Magistrate remarking that tne charges were trivial ones. (Before Mr, E. D. Mosley, S.M.) DRUNKENNESS. Harold William Burlei?h, who guilty to being found drunk « Colombo street, was fined 10s, in default 21 hours imprisonment. „\,* r ooA Thomas Victor King, similarly charged with drunkenness in Manchester street, was fined 10s, in default 21 hours. BREACH OF PROBATION. Albert Krnest Bigwood pleaded guilty to failing to coruplv with tho terms of his "; lease on pioUtion. Ho was convicted and discharged . , Ham- Weston was similarly charged. The 'llev. F. Rule said that the .accused lad been put on probation on condition that he repaid certain money. He had paid «' v * ?°" an> ' ?° M tL.. Aceuiedl No, I cant get work. Times ' Th.°Msirtr.te: You'll have to go to gaol, tb A D '<enter.c* of one month's -mpriioKaent •.-.a3 ir-ir^E-^-REMANDED. Frederick Robert Garlick, charged with the theft of a gladstone bag and contents, V »I°«}» at £22 Hs, was remanded to appear at W«.Hngton. . . , „ Charles Arthur Kirk, oi Ireland, aged 27, was remanded to February 19th on a chargo

of breaking and entering and theft of £3 from a. dwelling. SERIOUS CHARGE. Troavo' Gardiner, a motor driver, aged 58, was charged with a serious offenco upon a He was remanded to February 15th, bail being allowed in two aureties of £75, a condition being that he report to tho police daily. COMMITTED FOR SENTENCE. Richard Wilson Baldwin, aged 19, was charged with forging rn authority for the payment of a money order for £8 7b Od. ■ After evidence had been called to the effect that tho accused had converted a money order to his own use, ho pleaded guilty, and was committed to the Supremo Court for sentence. .. , „,„. Bail was allowed in two sureties of £IOO. CLAIM FOR DAMAGES. Harrv Swann (Mr Haslam) proceeded .gVtartF J. Fete (Mr Edgar) for m 16. lOd. alleged to be duo on . «*•»»* «JJ»; tendant's negligence in driving a ™£™" which rtollided with a motor-cyclo ridden by plainlifl: in August last. In his evidence plaintiff mdmittec^ -J**zJXl was recently fined for riding a motor<ycle at 35 miles per hour. j*; b Ub* The Magistrate nonsuited tho pttintifl, with costs. ________»—