THE COURTS.

Press, Volume LXVI, Issue 20089, 19 November 1930, Page 9

THE COURTS.

—.—* SUPREME COUR'I. TUESDAY, 4... i's Honour Mr Joatiee Adams.; DISMISSED. -.- Olca Kaema Birdlmg fo! Tie P 6 "" ~:„i f-oin her husband, Harle; on the ground o£ cruelty ci, >,; 3 Honour stated tha: on July 18lh its P stu f w lived together, with two in 1928. » nd 7 / rhi-pc weeks, until Apri Ul'fi petitioner Anally left re jSlh, l»—'> .ponden'- rilWed that from the middle The P e iH° i 9 "B until the left home, the o{ s eJ »f«mDer, - uilt y 01" cruelty to respond"®' had d that her health hat tfsr< ".^ s fy affected by the cruelty.allied denied ail the allegations n engaged in January, 1925. consent, of their parents, but with a „i;th tie con marri;lge should be postponec condition This con( jition they disregarded for 'twoJ -Qcretly married by the Registra: ,c ,Z end of iix months. The Mid that she had promised to marry Birdto -,Ther coming of age, and that ha helc ? S to this promise against her will. The let had been informed o£ tho marriage I 1" following Saturday, and were recon"id but had insisted on a public marrwgc ceremony in a cilarc,! < . s ° ne "ihfjndje held that, if story .rime she must have realised that it -was ./.for her to remain in tha same houec the respondent—her life would have iVJr, in danger from his unrestrained vio*l She was not, at the period when hei it,hand's excesses were complained of, con' 'Sj to remain by strong affection wnicfc, It infrequentlv, induced unhappy wires tc ■Jara ill-treatmc-nt. Her paternal home was cpff to hor and would have a/forded a ■ife asylum. * The whole of her evidenc3 011 a certain stared act mnst, the judgment .held, be re("•ted. His Honour would go further and say it cast considerable donbt on her eTiunce as to the acts of cruelty alleged. LetIrt had passed between the two, but in t-fceao in hint was given, by either petitioner or respondent, of any ill-treatment; the reinooilent's letters were those of an affectioMto husband. _ , The judgment continued: .Now, 11 tne evidence in support of the petition be accepted it is obvious that, as stated in the loiter from her solicitors to Mr Thomaß on September 2Sth, 1929, ifc was hopeless to attempt a reconciliation between the parties as tier® could be no certainty that the respondeat would be able to behave as a normal busIssd shonJd do to his wife. No intelligent pariOß actuated by ordinary principles of jjßßjnity could havo thought it proper to adtise the petitioner to agree to a reconciliation* Mr Raphael, however, knowing all the fact*. sot only advised this, but called in •id the mediation of Archdeacon Taylor in ' order to effect a reconciliation. Mr Raphael i« an intelligent person of some education, and ' appears as an affectionate father. His conduct, however, is strangely at variance with lis plain doty on the assumption I have made. Assuming. however, the substantial tratb of the evidence of the respondent and hi*witnesses, Mr Raphael's conduct becomes boti consistent and commendable. Moreover, vas in constant communication with the petitioner, and it is obvious that he did not porsus his efforts towards reconciliation without her approval." Mr J. H. Upham accepted judgment for petitioner and Messrs A. T. Donnelly and C. 8. Thomas for respondent. At the hearing of the case, which occupied Are days, the publication of tho evidence vas forbidden. After judgment was delivered yesterday Mr Donnelly asked if there was any objection to the findings in the case being published; their publication was of the greaterf importance to. their client. His Honour said he realised this, and could see no objection provided the newspapers mi their discretion in the selection of *iafc they printed. * INTERPRETATION OF WILL. The Court was asked to interpret tho will a I Francis Smedley Taylor, formerly of Waip&ra, and later of Fendalton, who was 1)1 ?nrs of age when he made the will. In particular it was asked to aay whether * ;ift made in the words "My late sister, Sarah Ann Baker, of Crich, Derbyshire, England,'' 2iesat "my late sister, Sarah Baker/' or "my late niece. Sarah Ann Bacon." • The estate had been sworn in at about 130,000, and on,, the Court's interpretation of these words depends whether Joseph diaries Taylor Baker, builder, of Christtiurch, receives" approximately £7OOO. or whether it is divided amongst the children el the testator's late niece, who are resident U Derbyshire. The plaintiff (Mr M. J. Gresson) asked iar an order interpreting the will. Mr A. [£ Donnelly, who appeared for Joseph Charles [ftylor Baker, held that the words referred the testator's sister, whfJe Jfr C. ; 'fewnas, who represented the children of » tgth Ann Bacon, held that the words ro- [ to the niece. Sarah Ann Bacon. f ks»r considerable legal* argument the j turns adjourned pending an affidavit from j i|»»ileitor who drew the w'tl being filed. 2 it a very interesting problem/' rszufced his Honour, ? MAGISTERIAL. ! \ TUESDAY. (Before l£r E. D. Moslay, S.U.J SSNT TO THE BORSTAL. HilUim Peter Anderson, aged 18 (Dr. A. I. Hulam), appeared for sentence, having liuiei guilty last week, with another youth, ] ttconrerting to his own use two motor-cyclec. tot sccused, Dr. Haelam said thsfr he was eighteen years of age, was working isii racing stable, and gave the whole tf Miwninffi——lss a week—to his widowed setter. He had already/ had a week in CM tody.

JC* Ifosley: E'ealin? with a lad like this, it is absolutely necessary to put him on a frtih trade, and, further, there are far too **97 offences of this kind, and I hare to to creel to be kind to offenders. I have ®s4e up my mind to sond him to the Bosikl There he will have new environment —H it not a good one that he is in now—will Bate an opportunity to iearn a trade. He has been given chance by the wort on a former occasion. He is senftaeed to a period of detention In the BorInstitute not to exceed three years, and J® "will be put under the jurisdiction of the Wsmi» Board, so that if he makes good he *3l bo licensed out. STOLE AND BOUGHT BREAD. Pet«r Bsebridge, aged 40 years, was that on May 2nd, 19S0, at* Christbe stole cutlery valued at £2 2s, the of J. H. Brownlie. Jtetoetive-Sergeant J. B. Youngr said that bad rested a furnished house, and *ajle ia tenancy sold some of the articles did not belong to him. He was at serving seven days* imprisonment for pretences. B. Twyneham, who appeared for acMid that the sentence, of seven days • 'web teemed was' at present serving conjwed the obtaining of work by representtilt be was a man with dependents, 2*B inch was not the case. Accused had ?*® P*jing 35s a week for the house, havjwtifcen it when he was in constant work, JJJfti riant was in arrears because he had S® yai ©n to part-time work. He had r® Owing for groceries, etc., and was in *««p«rats state when he committed the rjjto, with which he was charged. Ha ffoods concerned in the charge to •wwnd-baad dealer for 2s 6d, and bought idesied was convicted and ordered to come 2Jvt sentence if called upon within six and was ordered to make reetitu- ** *iwwj one month for tho goods sold. tvoman sent to gaol. Korxnan, aged 37 years (Mr M. "W. JJJJJ/i before the Court upon two of obtaining credit by fraud, and obtaining goods by false pretences. s-Scrgeaxi t J. B. Young said that acupon two occasions obtained credit bf telling stories which other charges concerned the of a pair of shoes, accused repre- j tbat she was a person who had an j r®Wwitb tbp firm. She had also gone ttst .v® *a'otor-car dealers, and, stating i i* iwT* *** getting married, had arranged k LJf* of a motor car. She had '•SjifjM** lo arrangements, but had not delivery when she was arrested. FurilnfiT. **reifc had prevented her taking ft**?** B * topoa another false pretence. M to be a woman with a wonderconvictions for similar jaitly hopeless. ' or accused, said that ia trouble for two years. It j™"*™ th»t c]i e had been married this 1 iu LS.V' 1 hniband deserted her, and she " wee 4to «ome of her acts hy sheer « 'h* offences are of too gravo w be passed over lightly. ®h e Kaai to three months' impristtarg* s labour in respect to the pretences, four months frtdit bard labour for obtaining is* n..-!. • for the sum of £3, and i^r»k*-s5 , with hard labour »££?* credit by fraud for 17s 6dwill be concurrent. and ekterixg. vears, was charged J ' entering the dwelling ai November 11th, 1930, and jSH ft? v~' t > >ad with breaking and 0n.1530, iSX®! 0 ' Potter, on November •sit®*" inhrT , en t to commit a, crime. It? « lii® ol ' » motor trimmer, rsP»rade, Shirley, said that STi« 1 November 11th he saw a n** l Hit l n P l ol,ert7 v owned b y Gwyn w»!«»il ar t ' ie man ca - m ° ° a!L . P re, ni£es and tried the ifs> ,S 'n front. "Witness went iJi. hint what he was the aeensed, asked vit""neei a ira« et saA struck

witness. However, they closed and •R-itness held on until help arrived. Detective-Sergeant J. B. Young: This witness is to be commended for hi» prompt action. , . , Mr Moslev: Very much so md»«d. Thom4s Victor Gwyn. a general storekeeper, gave evidenco of the damage done to the house and store. He said the bathroom window had been forced open, the house ransacked, » quantity of cigarettes stolen, and about £3 in money. Evidenco was aleo given as to the breaking and entering of Potter's house, and was stated that nothing was taken. Accnsed pleaded guilty and was. committed to the Supreme Court for sentence. Mr Mosley added that Amos was to be congratulated on his action tackling accused, and on behalf of the public he thanked him. It had elso resulted in the accused 3 apprehension for another offence. GAMBLING AT SHOW. William Joseph Brosnahan was charged with being a rogue and a vagabond, in that he had played n game of chance at the JShow Grounds. Detective-Sergeant J. B. prosecuted and Mr C. 8. Thomas appeared for defendant. Mr Thomas explained the details or the game accused had been playing. He claimed that if . the strict letter of the law was applied to many of the games played at the Show Grounds they would he held to be games of chance. Brosnahan had merely overstepped the mark by a trifle. He asked the Magistrate for leniency. Brosnahan, who had a previous conviction for a similar offence, was fined £2O and costs, in default two months' imprisonment with hard labour. Thomas Cooper was charged with a similar offence, and waß also fined £2O and cost?, in default two months' imprisonment with hard labour. CARRYING A REVOLVER. Thomas Edward Lionel Kelly, a salesman, aged 23, \v;as charged that, on November 9th, i he carried a revolver without lawful purpose; that he carried a revolver beyond the limits | of a private house without possessing a permit to do so; that lie had in his possession an unregistered revolver; that he demanded money with menace's, and finally, that he presented a revolver at Timothy Ryan. Mr W. B. Laecelles appeared for accused and Detective-Sergeant J. B. Young proso-"Deteetive-Serffeaat Young said that on the night of November 9th a sergeant and a constable were on duty in High street. Shortly after 11 o'clock they were accosted by Ryan, who alleged that accused had pointed a revolver at him and demanded money. Both men were taken to the Police Station. Two statements by accused, one made on the night of his arrest and the other two days later, were read in Court. They set out that accused, having nothing to do on the evening in question, was spending his time walking about town. He met Ryan at the corner of Hereford street and Colombo .street, and Ryan offered him a cigarette end invited him to a party. He had never seen Ryan before. Ryan suggested taking a bottle of whisky, and accused gave him 10s, and K> an went off toward an hotel down the st reet. He did not return, and after a time accused followed him and found him outside the hotel He had no whisky and refused to return tho 10s. They then walked round to accused's lodgings, where accused got out an old revolver which lie had found in the Waima-kariri riverbed two years ago- Tiiey then took a taxi with the intention of going to the partv, and on the way accused produced the revolver and showed it to Ryan, though without pointing it at him. and again demanded his money. Ryan got out of tho tati and accused followed him. arcued for a short time on the pavement, then Ryan asked to see the revolver airain. Accused showed it to him. and Ryan immediately went up and spoke to the two P °t) C a t™c e Young said the three §Sv> a thTpoi d « monev'with would be dismissed, and agreed with Mr Proved, dUmfcriw that frlttb

! Addressing accused, tho Magistrate said: "There is cot the slightest semblance of an excuse for a young man to go to his lodgI ings and take out * loaded revolver with which he might take the life of a human I being—not the slighte&t shadow of an excuse." That sort of things could not be tolerated for one moment. If accused's character had been good in the past, as he believed it had. it was all the worse that he should piay such a trick, no matter under what provocation. "Fortunately we have very few crimes such as this in our young country," continued the Magistrate, ' And when one does crop up it rnußt be dealt with thoroughly. Accused is, in my opinion, according to the evidence, not guilty of either of the two major charges. He wiy simply be dealt with, therefore, as an offender under the Arms Act." The fact that he had committed a very serious offence against the law, coucluded the Magistrate, must be brought home to accused very sharply. On the charge of carrying o revolver without lawful excuse he would be lined £ls and costs, and on the other two summary charges he' would bo convicted and .discharged. CIVIL CASES. (Before Mr H. A. Young, S.M.) RESERVED JUDGMENT The Magistrate gave hiß reserved judgment in the case in which C. S. Trillo \Mr F. D. Sargent), proprietor of the Gold Hand Taxi Company, claimed from the City Council (Mr M. J. Greeson) th© cum oi £ll2 damages for breach of contract for the disconnecting of the street telephones on th® taxi stands of the City and £6O refund of the fees paid for the use of the telephones. "On May 26th the defendant, by resolution, decided to abolish all taxi-stand telephones as from May 3'lat," eaid the Magistrate, "and on the latter date they were disconnected at the request of the defendant. This action, in my opinion, amounted to a breach of contract on the part of the defendant. , , "The plaintiff thereupon rented premises and installed telephones therein, and claims as damages the expenditure so incurred. Xn my opinion, t*ho damages eo claimed are not in law recoverable. Plaintiff is, however, er.tilled to nominal damages, which I fa "It is common ca.u'se that pjaintiff is entitled to £SO, being a refund of fees for the unexpired portion of the. term. -This Bum was * offered to and refused by plaintiff before litigation arose, and haß been paid into Court by defendant. ... "Judgment will therefore be entered for the plaintiff for £2, in addition to the £SO paid into Court."' CLAIM FOR POSSESSION. The adjourned case in which C. E Oticy, ltd (Dr A L. Ha3laru). claimed irum Charles Frederick Pryke, a Council employee possession of a house and some land which had been sold by plaintiff under a mortgage, waa concluded, judgment for possession a.nd for £2 3s for rent being entered. At the previous hearing Pryke, who conducted his own cose, eaid thai he would never have been sold up if his eolicitors had paid the inteiest and latcs on the property when they fell due. Ho eaid he was going to aak the Law Society to take up his case. When the case was reopened yesterday Pryke "produced a letter from ths president oi the Law Society, which said, inter alia: "As wo explained to you, it is not the Law Society's function to adjust civil claims between client and solicitor. Adjustments of thnt kind should be left t-o the parties themselves, and the client can always obtain assistance from some other solicitor if lie reciuires it." , ... The Magistrate gave judgment for plaintiffs for possession within li aaya and for £2 3s by way of rent. JUDGMENTS BY DEFAULT. Judgment for plaintiffs by default was given in the following cases: —State Advances Superintendent v. R C. Dyer, £l3 4s 8d; F Williams v. W. 3. Boyd, £26 16s 6d; H. Cole v. J. M. Sinclair, £3O; Adams, Ltd., v. W. J " Smiti, £9 10s; Canterbury Drivers »od Kelated Trades Industrial Union of "Workers f 2?. Carey, £1 X 4» 6d; W. Etranga

Hue! Co. v. J. J*, plfnier/3, £1 12s 3d; H. C. CJrhvin, Ltd., v. K. Edwards, £3; Leslie C. Jj. Avorill v. W. Clements. £5 ss; Robert Tonkin TosewUl v. Ernest H Bosher, £96 8s 4d; Owens, Ltd., v. J, C. Giltrap. £o Is; the CRy Council v. David Smith, i's 14a Id; the City Council v. Derby Hennie, £l6 15a lOd; tbe City Council v. Harold Cyril Amyes, £l3 Ss Id; Carrick Wedderspoon, "Ltd., v. Sydney Carpenter, £3l 15s 2d; Chriatchurch Performing - ndustrial Union of Workers v. C. J Tobfeck, £2 17a Gd ; John J Ardagh v. H. Kay, £4 •7b, Gough, Gough. and Hamer. Ltd., v. C. Ij. Bunnius, £J4 4s 30d; G. S. Morse v. M. McKenzie, £i 7s 6d ; J. Patterson v. A S. Callaway, £6 17a Gd; Scott. Brothers, Ltd., v Mrs 1. E. Harris, 15s 3d; Christchurch Harmonic Society v. E. P. Simpson, lO.t 6d; Sumner Borough Council v. C. Hr.igh, £2 13a Id; Yorkshire Insurance Corn pany, Ltd., v. S. Lauson, £i 19s 4d; Adam I *, Ltd., v. H. T. .Butter, trading as Globo Cycle Works, £l9 10s 4d; Guillerrao and Co., Ltd., v. W. Foater, £'2 2s 3d; Andrea-s and Heaven, Ltd., v. W. Edge and F. Soal, trading as Edge and Soal, £1 18s lid; Goodrich Silrertown Tyres, Ltd., v. W. urcn, £2 14s lOd; H Ulbrick v. M. Payns, 10®; Atlantic Union Oil Gomnany, Ltd v. C. Milner, £7 Is Cd; E Halstead v. F. H Labatt. 17b 9d; C. W. Henderson, formerly trading as Bates' Store and now trading as Watson's Store, v. T. Da,cr<?, £5 :8g 9d; W r . Wood v L. White, os 9d; J. J McGregor v. M. Swords, £9 7s Gd; John James Parsons W H Kvans, .36 10s, and possession of a tenement; Sydenham end Suburban Cooperative Money Club v. Mrs TC. King. £lO 10fl, and possession of a tenement; New Zealand Farmers' Co-operative Association of Canterbury, Ltd., v. William carets Wood. £l2 7a Gd JUDGMENT SUMMONSES. I'. Power was ordered to pay E. K. .McDonald the sura of £1 5s Gd forthwith, in default three days' imprisonment, Tr .® rr J? to be suspended so long as ho paid tno amount due before December 2nd. A. J Smith. v7ho did not appear, vaa ordered to pay P. Feron and Son, LW., u-° sum of £25 15s 3d forthwith, m doiault days' imprisonment. W. E. Clarkeon was orderc-d to pay A. i ■Hcbfon the sum oi £7 9s lid forthwith, - n dcfault nine days' imprisonment. J. Haborn was ordered to pay ». y Wailis, Ltd.. the sum of £2 6s fortliwitn, in def'auH three days' imprisonment. C. F. Pryke was ordered to pay W. •>. 'J Cren the sum of £l3 3s forthwith, in defaa.t 15 days' imprisonment. TRACTION-ENGINE HIRH. Frederick William Zimmerman (Mr .J. Hunter), a thr-shins-mill proprietor, of - N '°j" ,h Brighton, claimed from Thomas Phelouns W. Tracy), a contractor, of St. Albans, the sura of £ll6 4e, for the alleged breach of a contract for the use of his traction-engine and for the purchase of a driving-bolt wlnen defendant bought from him. The statement of claim eet out that plaintiff contracted with defendant tor the hire of plaineiff's engine for the duration of a contract which defendant had secured for f9 a ?~ construction work near Ashburton, and was expected to last until about thoniiddio of December. Plaintiff took his engine ana whare to Ashburton ancl began work at tLie beginning of May, At the end of July, however, defendant put of? plaintiff's engine, refusing to use it for the rest of the terra agreed upon, and declining to pay hire after July 31st. Plaintiff therefore claimed £lll -is us damages for the breach of contract and £o as the prict« of the driving-belt which he had sold to defendant. r Witnesses gave evidence regarding the tu. ciency of the engine and its suitability for the work of driving a stone-crusher, for which it was being used. Evidence was also given as to payments which had been made on account of sums to plaintiff by defendant s agent, and the hearing was adjourned until Saturday morning.