TIMARU AND SOUTH CANTERBURY NEWS. TIMARU.

Press, Volume LXVI, Issue 20084, 13 November 1930, Page 7

TIMARU AND SOUTH CANTERBURY NEWS.

TIMARU.

CLAIM FOR DAMAGES.

As a sequel to an affray in a garage at Washdyke Leonard Rawstorn McDuff,. of Washdyke, garage proprietor (Mr W . D. Campbell) proceeded against Keith Frank Turner, of Smithfield, labourer (Mr J. Emslie), on a claim for £3OO special and general damages, as compensation for injuries received as the result of defendant assaulting him at Washdyke, on April 19th. Plaintiff claimed that ho had thereby been pievented from attending to his occupation for four months thereafter.. He claimed special damages: Hospital account £l4 17s 6d, doctor's account £1 10s, ambulance 12s 6d, loss of wages for four months, at £5 a week, £.BO, a total of £O7, and general damages totalling £203, a total amount of £3OO. Dr. J. C. McKenzie, superintendent of the Timaru Public Hospital, said that plaintiff was unconscious on his admittance to the Hospital on April 39th. It appeared that he was suffering from cerebral injury, and the following day it became apparent that bleeding was going on insido the skull. An operation was performed, when it was found that there was a depressed fracture of the skull on the right-hand side, above and in front of the right ear. A piece of skull had had to be removed, and there was now a section of brain unprotected by bono. The injury would be consistent with that received by a kick ou the side of the head, or by striking some sharp object in falling.

To Mr Emslie: At the time of the Supreme Court proceedings McDuff had made a good recovery. The possibility of future trouble could not then be definitely estimated.

Mr Campbell stated that even if defendant did not intend to inflict serious injuries the fact was that McDuff's injuries were the.result of an unauthorised act. Mr Emslie maintained that under the circumstances McDuff was entitled to only very small damages. The Magistrate said that the medical evidence confirmed plaintiff'» statement that he would suffer from headaches, although it was open to admission that Turner did not intend to inflict severe injuries. They were the natural outcome of the assault. The fight went further than an ordinary one and plaintiff had been kicked without justification. He thought that the ends of justice would bo met if he allowed McDuff special damages (£O6 19s Od), general damages (£150) and costs £lB 4s). Magistrate's Court, A sitting of the Magistrate's Court ■was held yesterday, Mr C. R. Orr Walker, S.M., presiding. Judgment was given for plaintiffs, by default, in the following cases:—J. McIvnight v. Joseph M. Flctt, £4 16s; Priest and Holdgate, Ltd., v. Norman Ilughan, £4 ss; same v. Rueben C. Logan, 9s 9d; same v. Sydney 11. Nunn, £2 2s lOd; same v. Mrs Isabella Wright, £fe 18s 3d; National Mortgago and Agency Company, of New Zealand, Ltd., v. E. Cameron, jun., £lO 7s Sd; Para Rubber Company, Ltd., v. N. Chamberlain, £1 16s fid; same v. W. Eathorne, £6 15s fid; same v. P. Ivey, £1 10s; same v. Robert Cecil Noonan rind Mary Daisy Noonan. £6O 6s 3d; F. B. Hawkey v. Garnet Stewart, £9; John Underbill v. F. Neale, £l2 16s. J. Brccn, of Levels, labourer (Mr A. D. Mcßae), proceeded against J. P. McGartland, of Timaru, contractor (Mr W. D. Campbell) on a claim for £5, for alleged- broach of contract in failing to plough and sow down in oats a paddock of 3i acres, in accordance with the terms of a tenancy agreement, between plaintiff and defendant. The Magistrate, who said that plaintiff's story was tho more reasonable, gave judgment accordingly for £3 10s, the amount paid by Breen to defendant for sowing down the paddock in accordance with the agreement between plaintiff and his landlord, J. P. Newman.

William Quinn, of Makikihi, hotelkeeper (Mr L. J. O'Connell) proceeded against Austin Culling, of Leithfield, hotelkeeper (Mr W. D. Campbell), on a claim for £73 15s, made up as follows: —Arrears of rent, £3B 13s, during the period defendant leased the hotel; cost of painting stable buildings, £25; and the cost of cutting hedges and repairing fences, £lO 2s, a total of £73 15s. . _

Tlio defendant counter-claimed for £lB3 ou the grounds that the memorandum of lease provided that if the hotel wero destroyed by fire tho lessor would spend up to £2500, including the proceeds of any policies of insurance, in rebuilding, with all reasonable speed. The hotel was destroyed by fire in March, 1929, but Quinn did not rebuild, and tho license, in consequence, lapsed. The hotel could reasonably have been rebuilt by tho end of October, 1929, and Culling would, in that case, have enjoyed the use and profits until the expiry of the lease on July 14th, 1930. The reasonable net profits of the hotel for that period would have been £lB3. Mr Campbell maintained that Quinn had destroyed tho 'lease, by removing tho hotel to another site, without consulting Culling. The lease throughout referred to the hotel on the quarteracre section, and clause eleven of the lease Btatcd that the premises could not be removed. The case was adjourned till to-day.

Bowling Centre. At a meeting of the South Canterbury Bowling Centre a letter was received from the Fairlie Club, protesting against the manner in which the draw for Thursday play was made. Tho figures as at present arranged, made the country teams bear the brunt of travelling. The letter stated that number of trips was as follows: Waimate 4, Fairlie 4, Temuka 3, Geraldine 3, West End 2, Timaru 1, Highfield 4. Fairlio had to travel for the first three games, and it had been the practice in the

past for teams not having a chance in the final to forfeit to Fairlie rather than travel. Under this arrangement i 1 airlio would be lucky to have one game on their home green. rli e chairman (Mr J. Moyes) explained that Thursday was essentially a day lor country play, and that very often Fairlie had to travel to Timaru to meet other country clubs such as Waimate. Timaru teams had to travel on Saturdays, and could not be expected to travel on both days. . Tlle secretary (Mr A. Thoreau) was instructed to forward an explanation on these lines to the Fairlie Club. Mr R. ShilHto moved, and Mr W. J. Watson seconded that the Sidey pairs be abandoned this season. This motion was lost, and it was decided to run the match on similar lines to those of last year. A motion by Mr W. Calender, that in all future" Centre competitions bowls must boar the 1925 or subsequent stamp, and be inspected by a Centre official, was carried.

Timaru Presbytery. At & meeting of the Timaru Presbytery it was decided, on tlio motion of the Rev. A. Begg, that the call to the Rov. D. N. Pryor, who had recently completed his studies at the Theological College, to the St. Andrews charge, which was in the hands of the Kev. W. F. Nieol, bo sustained. The induction was fixed for November 19th, the Kev. J. Kirk to preach, and the Moderator to preside. The Kev. J. Tennant was appointed to address the minister, and the Kev. W. N. Nicol, to address the congregation.

In regard to the call to the Rev. C. A. Kennedy, of Mosgiel, to the Temuka charge, the Kev. A. J. H. Dow addressed the Presbytery. On behalf of this congregation, Messrs Shaw, Watson, and McAulej- supported the call. It was decided unanimously that the call be sustained, an the induction was set down for December 11th.

It was unanimously decided that the call to the Rev. J. Fordyce, of Riverton, to the Fairlie charge, be sustained, and that the induction take place on December 19th, the Moderator to preside, the Rev. A. .T. Oouling to preach, and the Rev. W. McNeur to address the minister and the congregation.

Committed for Sentence. In the Police Court yesterday afternoon, before Messrs A. I;. Gee and T. P. Crowe, J.P.'s, Robert Gardiner, an Australian, aged 46 years, pleaded guilty to a charge that he had broken and entered by night the warehouse of Messrs Maling and Company, Timaru, and had committed theft therein on October 25th.

Charles John le Cren, a clerk employed by Maling and Co., wine and spirit merchants, said that on October 251 h he left the premises at mid-day, when he locked up. On the following Tuesday at 9 a.m. he found that the premises had been broken into and the place ransacked. Witness found that cigarettes, liquor, of various kinds, and tea had been stolen.

Sarah Jane Gill, Theodocia street, Timaru, boarding-house keeper, said that accused had rented a room for about a month. He had left her house on November Ist. Accused had given the name of William Foster. lie had handed her some brandy, champagne, tea, and cigarettes. Sho had not used the tea, but had thrown it out.

The Bench: Why did you throw it out? Witness: I didn't want to keep it. The Bench: Did you know it was stolen? Witness: No, but I didn't want to keep it. Constable John Devine, of Kurow, who had interviewed accused at the Waitaki Hydro Works, and Constable J. H. Ilogg, who said that accused had admitted the offence, and that ho had given portion of the stolen goods to Mrs Gill, blbo gave evidence. Accused was committed, for sentence, to the Supreme Court at Christchurcli.

TEMUKA. At the meeting of the Temfyka branch of the Returned Soldiers' Association there were present Mr W. F. Evans (president), Messrs Jas. King, li. Wilson, P. Thomas, A. E. Beck, G. A. Paterson, J. Maze, W. Spillane, T. H. Langford, and J. M. King (secretary). In connexion with unemployed returned soldiers, it was reported that the Borough Council had not yet been informed as to whether a Government subsidy would be available. Mr Langford stated that he had got into touch with the Winchester Domain Board, who were arranging to cut down a number of trees, the Temuka Returned Soldiers' Association to pay the men at the rate of 12s per day. It was agreed that the men should start work on Monday. The meeting also decided to recommend the Temulca Domain Board to apply for a grant from the South Canterbury Patriotic War Relief Society, the funds to be used in carrying out work of a public nature. Tho District High School Committee met, when there were present: Messrs A. E. Smith (chairman), M. Swap, A. W. Buzan, A. R. Beck, A. R. Longson, Jj. G. Scrimshaw, F. G. Franklin, W. J. Clarke, and E. B. Cooper (honorary secretary). The Railway Department wrote stating that arrangements had been made to run a special picnic train to Waimate on February 12th. In reply to the Waimate Borough Council's enquiry, it was decided to hold the picnic at Victoria Park. The headmaster reported that the attendance for the last four weeks had been: Primary 376, the roll being 404; and secondary 76, the roll being 70. The inspectors' examination for proficiency certificates was fixed for November 28th, when the pupils of the surrounding schools will attend at the Tomulca School for their examinations. The secondary school examination would take place next week, and pupils would be sitting for Training College Entrnhce, Public Service, Junior and Senior Scholarship, and, later, University Entrance examinations. The chairman reported that there was a net balance of £ll 3s 8d from the basketball and football tournament.

Following is the draw in the second round of the Temuka Town and Country Tennis Association's competition: —■ Orari v. Clandeboye, Saturday, November 15th; St. Joseph's v. Winchester, Thursday, November 13th; Washdyke v. Presbyterian, Saturday, November 15th; Orari Bridge, a bye. Tho following tennis players will represent Winfehester Club in the match against St. Joseph's (Temuka) to-day: Mrs G. Burborough, Misses G. South, li. South, and M. M. White, and Miss M. Sinclair (emergency), W. Bradshaw, G. Burborough, L. West, J. Ij. White, and N. Robertson (emergency). At a sitting of the Magistrate's Court, before Mr C. R. Orr Walker, S.M., James Herbert Craig was ordered to pay Svdney William Williams (Mr F. J. Smith) £3 12s 7d. Hop Wing was ordered to pay Gordon and Gotch (Mr G. J. Walker) £2 16s 6d. T. C. Simes (Mr F. J. Smith) proceeded against T. C. Daly on a claim for £.4 Is 9d. Defendant, in answer to Mr Smith, said he had done no work sincelast August. Tho Magistrate ordered defendant to make payment at the rate of £.l per month. No order was made in the ease in which Dobson Bros. (Mr F. J. Smith) proceeded against Tupi lleihana, who said that since last April he had earned only £3.