THE COURTS.

Press, Volume LXVII, Issue 20225, 1 May 1931, Page 5

THE COURTS.

MAGISTERIAL.

THURSDAY. (Before Mr E. D. Moaley, S.M.) DOMESTIC'S THEFTS.

"Vera Veronica Mulling, a domestic, age 19, of 139 Ferry road, was charged wit! stealing, on March 17th, at Akaroa, tw pairs of silk stockings valued at £1 5s lOi and JEI in cash from Ada Haron Lear. Tli Chief-Detective said Mullinß had been in th employ of Mrs Lear at Akaroa, and th thefts had been discovered after she h#< .left. She was convicted and ordered ti come up for sentence within 12 months, an< ordered to make restitution of £2 5s lOd in such instalments as the probation office! wight direct. INTOXICATED DBIVER. As a sequel to an accident' which oc curred in Stanmore road on Wednesday even ing, Frank William Brightling, a carrier aged 59, was charged with being intoxicated in charge of a motor-car. Sergeant D Hyland said that about 6.30 p.m. on Wed nesday accused was driving along Stanmor* road when he collided with a tramcar. He wan examined by a doctor almost inme diately afterwards, and the doctor certified that he was not in a' condition to drive. Mr H. H. Hanna, for accused, said his client admitted having had drink that after noon. He had been trying to avoid a boy cyclist when he had made an error of judgment and hit the side of the tram. Accused was fined £ls and costs, his license was cancelled, and he was prohibited from obtaining another until May 3lßt, 1932, AN UNFORTUNATE CASE. What was described by the Chief-Detective as a very unfortunate case was heard when Joseph Aaron Mills, aged 26, was charged with stealing, on November 29th, at Wellington, a motor-car valued at £SO from Harrison and Gash, Ltd., of Auckland. Chief-Detective J. Carroll said that in August of last year, when accußod was living in Auckland, ho had traded in a motor-truck and bought a motor-car on the hire purchase system from Harrison and Gash. Then he had moved down to Wellington, and had got into desperate straits. He had managed to borrow £5, and he and hts family had lived on that for a time, but eventually it had been exhausted, and for two days his wife and he were without food, and were only ,iust able to buy milk for their child. At last he had decided to sell the car, and had sold it for £lO, when there was still £SO owing on it. Ho had paid back the borrowed £5 and lived for a time on the rest. Later he brought his family to Christchurch, and was now on relief works. The purchaser of the car had gold it again for foi' an . d v th<m U hnd chnnged h*nds for ~ds, and then again for £65. "Accused has never been In trouble before," the OhiofDefectivo concluded, "and personally I've a lot of sympathy for him." He added that he had been instructed to ask for an order for tho repayment of the £lO received by accused. The Magistrate remarked that it was hardly worth while asking accused to return ±lO when the other purchasers could not be ordered to make refunds, and It Was certainly hopeless to expect him to repay £SO Accused was convicted and placed on probation for two years, the Magistrate refusing to make any order for the return of the money. FALSE PRETENCES. Charles Lovcday Foster, aged 35, a chemist s assistant, of 102 Cheater street, apit"?* ' or A e " tence on a charge that on April 4th, 1931, at Christchurch, with intent to defraud, ho obtained from Hector Transvaal Cooper the sum of £-4 14s 6d in money by falsely representing that a cheque for the sum of £5 was a good and valid order for that amount, and that he was a chemist employed by 11. F. Stevens. He Was also charged tlinf nn un,

1931, at Christchurch, with Intent l to defraud ho obtained from Horace D>w }ho sum o £2 18g in money by falsely tha a cheque drawn on the National Bank o New Zealand, Ltd., Christchurh, for £3 wa' ai t#o4 and valid order for that Amount, ant that he said that he was a wholesale chem ist. He pleaded guilty to the teconc charge. Chlef-E-eteotive J. Carroll stated that in formation had been, received regarding twt other cheques, but about which there hac been no complaint. They were for smal amounts. As far as the police knew, thert were no previous convictions against ac cused. Whuu he issued the cheques ha fully in tended sending the money to meet them PoEtcr stated. He was convicted and sentenced to two months' imprisonment -nth hard labour oi .i>a first chfirsK', and ;u one month's hi.' jrisoamont on the "second. ASSAULi CHARGE, Francis O'Malley (Mr A. B. Hobbs), :J)ai'ged with assaulting Rupert Spencer at vicoarton on April Ist, was convicted Mid inod 20s and costs, in default seven days' mprisonment'. DAMAGED SIGN. Frederick Musson (Mr A. W. Smithson) ileaded not guilty to b charge of wilfully lamaging an electric sign, the property of Claude Neon Lights, Ltd., to the extent of ;10, and guilty to a charge of throwing a aissile to the damage of the feign. It was stated that Musson had been walkng in the street with companions, who vers eating tomatoes. He had thrown a omato at one of them, in fun, but it had lit the sign. Musson pleaded that he had had ho intention >f breaking the sign. "From the facts given by the prosecuion tho thing appears to have been quit* in accident," said Mr Mosley, in dismissing he first charge. Musson was convicted on the charge of throwing the missile, and fined 20s and :oeta. SUNDAY TRADING. Mataura Wootton was fined 10s and Costs or keeping her shop open on Sunday for ho purposes of selling goods. BREACH OF AWARD. For failing to keep a wages and time>ook correctly and _ failing to pay wages n full to an apprentice, Colin Campbell (Mr I. C. Brassington). was convicted and fined .Os. CIVIL CASES. (Before Mr H. A. Young, S.it.J SALE Off A HORSE. A claim regarding the sale of a horse van heard, when Pyne, Gould, Guinness, jtd. (Mr O. G. Loekwood), claimed £5 from :I. S. Stockdill, farmer, of Amberley (Mr j. B. freeman). Mr Lockwood said that if the Rangiora horse sale the company's luctioneer had sold » howe to defendant for n 10s on behalf of aMt Moore. Later, icfendant had telephoned to the auctioneer illeging that he had guaranteed the horae louad, that tbo Jiorte was not sound, and ,hat it was not worth £7 10s. Defendant iffered £5 for it, which, after some delay, ind in order to avoid litigation, Mr Moore igreed to accept. The company had sent i bill for i'Q to defendant, and after u fur;her delay he had come into the office and jffered £1 for- the horse, whereupon the :ompany deoided to sue him. The defence was a denial that the offer of £5 had ever been made, a claim thut the horse had been represented as Bound, and A'ttß not sound, and that the horse was some years older than had been represented by the auctioneer.

Judgment was given for plaintiffs for the full omount claimed, with costs. JUDGMENTS BY DEFAULT.

Judgment was given for plaintiff by default in the following cases: —The Sun Insurance Office, Ltd., v. A. E. Wall, £3 16s 2d; Graham, Wilson and Smellie v. F. Heaton, 15s; E. G. Keats v. tonald Erickson, £5 10s; Ashby, Bergli and Co. v. W. L. Brian, £6 18s; Skelton, Frostiek and Co., Ltd., v. H. B. C. Ilayston, £7 3s 3d; 11. C. Urlwin, Ltd., v. J. Boyce, £4 7s 3d; Sarah Ann Stubbs v. H. Anderson, £7 8s 2d; W. H. Harris (Tinsmiths, Ltd.) v. VVuiutu Trading Co., £9; Christchurch Mechanical Works V. Hopkins and Shaw, Ltd., £8 13s 2d; "Vale and Co., Ltd., v. P. Watson, trading as P. Watson and Co., £3B 8s 6d; R. C. Lalor v. J. Rutherford. £3 7s 8d; 11. Odell and Son v. G. Johnson, £1 15s; F. Haase v. R. King, £1 Is 6d; John Chambers and Son, Ltd., v. Bristow and Co., Ltd., £23 10s Id; A. W. Grimmer and Sons v. H. S\ Browne, 15s lOdj Gamage Cycle Co., Ltd., v. J. B. Jor* dan, £l> 10s; International Harvester Co. of New Zealand, Ltd., v. Frederick Taylor, £222 8s; C. Eavis v. W. Elliott, £l3 9s 3d: Beadle and Spinks, Ltd., v. I. G. Watkins, £27 10s; same v. J. Giltrap, £6 4s; F. D. Kesteven v. M. Callan, £6O; K. More and Co., Ltd., v. T. J. Wright, £3 lis; A. E. Hope v. M. Sullivan, £8 10s; Lumber and Fruit Case Co., Ltd., v. J. Giltrap, £22 7s Id; G. S. Morse v. R. Norton, £3 as 6d. 11. M. McGeachie was ordered to pay Smith and Smith, Ltd., the sum of £1 8s forthwith, in default -three days' imprisonjuent. . . . Reginald Lynch was ofdered to pay Michael Murphy the sum 6f £3 IS* 6d forthwith, in default four days* imprisonment. J. Anderson was ordered to pay Chisnaii and Stewart, Ltd., the sum of £4 19si M forthwith, in default five days imprisontn(A.t'MAikle was ordered Rtevens and Sons, Ltd., the sum of £6 lis 6d forthwith, in default eight days* imprisonment.