THE COURTS.

Press, Volume LXIII, Issue 18926, 15 February 1927, Page 7

THE COURTS.

SUPREME COURT. (Before his Honour Sir Justice Adami.) CIVIL PROCEEDINGS.

An action for slander was heard before a jury, when Francis Robert Redpath Sandford claimed £SOO damages from Edgar Johnston, manager of Robert Johnston and Co., coal merchants. The statement of claim Bet oat that on December 16th, 1926, Sandford was employed by the firm as a carrier, Edgar Johnston being manager of the company. On the afternoon of that day tho defendant Johnston falsely and maliciously spoke and published the allegations quoted, in respect of which Sandford claimed £SOO and tho costs of tho action. ,_ „ Mr W. J. Hunter represented plaintiff, Mr C. S, Thomas appearing for defendant. In evidenco, plaintiff said he was two years employed by Robert Johnston, Waltham road. Johnston's son, Edgar, had full control of tho bnslneas. On Anniversary Day he was sent to the Waltham railway yards for a truck of coal. He brought one load back, leaving Ms eoat at tho Waltham yard. He was then sent out on other jobs, and in the afternoon loaded with five bags of coal for Spreydon. Before delivering the coal he went to give the horse a drink at the Waltham yards, and to collect his coat. When leaving there he saw Johnston nearby. t When he returned, Johnston said: "Where s that bag of coal you thieved from the Waltham yards!" Witness said ho had not taken any coal, and that the bag referred to had been one ordered and delivered by him. Mr Thomas: Did you "go off" when Johnston spoke to you f—Yes, and so would you, Mr Thomas. I dressed him down, and, my word, I "went off a million." For the defence. Edgar Johnston and two employees were called, and denied that the plaintiff was accused of theft. While giving evidence, a female witness collapsed, and had to be carried from the Court and taken to her home. The Court was adjourned for a brief space. The jury retired for twenty minutes, and decided that there was insufficient evidence to prove that the words alleged had been spoken. . , , . ... Judgment was accordingly entered for defendant, with costs and witnesses eipenses against plaintiff.

MAGISTERIAL. MONDAY. (Before Mr H. P. Lawry, S.M.) DRUNKENNESS. There was no appearance' of Frank Watton, labourer, 40 years, who was arrested for drunkenness In Moorhooae avenue on Saturday. He had been balled out of the lock-up, and was convicted and fined 20s, the amount ot bis bail. MARRIED MAN'S THEFT. A plea of guilty was entered by Edward Helmsley Dawson, a young man, «nP'OJ«d aa a slaughterer, who was charged with having stolen a motor-cycle and side-chair, talued at £49, belonging to Francis J. Wigg. Chief-Detective W. E. Lewis told the Court that Dawson, fwho was a married man with a wife and three children, hsd taken the machine from an empty section and usea 'The Magistrate ordered accused to come up for sentence U called on within twelve months. He was ordered to pay £B, the amount of damage done to the cycle, to the owner. ~.__ MAINTENANCE. For disobedience of a maintenance order, Richard Barnden was sentenced to seven days.' Imprisonment, the warrant to be suspended so long as he pays 5s a week ok Johit'William Condon, for a similar offence, was convicted and sentenced to three months Charged'Vith disobedience of » maintenance order. George Edward Harvey was sentraced to «fx month*' Imprisonment. the_*»rrSt to be- .usr«ded «o loag *s arrears «. paid off at 7s 6<l • week, to addttton to current maintenance. For dieobedienee of a maintenance order. Hugh Ritchie was sentenced to'three""»«* imprisonment, the issue of tte «««*{• be suspended prorlded £lO b paid within seT«n days, aad thereafter at the »t« of 10. » week, in addition to eurreyt jwrawU. John Edward Owans. charged with dUobedience of a m*taUaMie« order, w»f sentenced to ••«» dan* taprfioimun*, to do released en. payaiat o! the fan aaeuntof the arrears. •••-»■« Arthur KMOaosehi* wm senteaeedto on* fuaMt-tatzitoaßmi' fa* :M»Mm*zd}+-

maintenance .order, the warrant to* be suspended it defendant of the-attests; within 'seven days and the balance '.within fourteen days. .....' Maintenance) separation, and guardianship orders were htado in favour, of liavlnla Florence Rees against t her husband, Arthur Albert Reet, on the ground of failure to maintain! Maintenance was fixea at £3 a. week: Fast maintenance,'amounting to £25, was ordered to bo paid to Mrs Rees at the rate, of 10s a week. (Before Mr E. D.'Mosleyi S.M.|. '•■•' BY-LAW BREACHES. Charles Anderson was fined 20s and costs, and William A. Hooper" 20s without costs, for ipillion riding. Albert E. Falcon was fined 10s and costs for '■ driving a motor-vehicle, without • license. . '. ' . John Flaws was fined 10s and costs for using a heavy traffic disc that had expired. For leaving a motor-car unattended, Martin Molr was fined 10s and costs. Thomas A. Smith was fined 10s and costs for failing to notify change of registration. SIX CHARGES. Norman Pllkington (Mr C. S. Thomas) pleaded guilty to driving an unlicensed vehicle (two charges), to driving a vehicle unlicensed under tho heavy traffic by-laws (three charges), and to plying for,hire with an unlicensed vehicle. Mr Thomas stated that the fees In question had been paid. The Magistrate, Imposing a fine of £2 and costs on ouo charge of using an unlicensed vehicle, and convicting and discharging him on the remainder, said that if defendant appeared on similar charges again this year he would not be treated as leniently. DANGEROUS SPEED. Arthur J. Payne pleaded guilty to a chargo of dangerous driving in Ferry road, and to driving without • light. In evidonce it was stated that defendant had been speeding along Ferry road, and colUded with a cyclist. He waa knocked unconscious, but at tor a quarter of an hour he mounted his machine and rode off. An inspector gave chase, but defendant would not 'stop, and he increased his speed. Defendant stated that he had been so dated after the collision that he did not know what he was doing. .•.-.. Payne was fined £3 and costs on tho first charge, and was convicted and discharged on the second. „. . „„ ■ , Charles William Berg was fined £3 end costs for dangerous driving. The Magistrate said that he had recently been fined for speeding, and he hoped that defendant would take' thJa-aaa leaaon.