MOTORIST FINED £25

Press, Volume LXXVI, Issue 22940, 9 February 1940, Page 10

MOTORIST FINED £25

GUILTY OF FATAL negligence SUPREME COURT AT TIMARU [From Our Own. Reporter] TIMARU, February S. “I have decided not to send you to prison,” said his Honour Mr Justice Northcroft at a sitting of the Supreme Court at Timaru to-day, when Lawrence William Cantwell appeared before him for sentence, having been found guilty of having driven- a car negligently, thereby causing the death of Helen Eva McAuliffe. Because of the accused’s good character, added his Honour, it was not necessary to admit him to probation. He would be fined £25.

McAuliffe, said Mr M. A. Raymond, who appeared for him, was 21 years of age and had an excellent character. The evidence against him had disclosed no recklessness or excessive speeding, but failure to keep a proper look-out. Counsel, in urging a period of probation for accused, said that he was on the threshold of life and a term of imprisonment might prejudice his career. , In other respects Cantwell’s character was all right, said his Honour in sentencing him, but he had in the present instance shown an utter disregard for the safety, well-being, and lives of others on the road. Cantwell had, shown that he had. no right to be on the road at all, as he was irresponsible. In the circumstances his licence to drive would be* cancelled and he would be debarred from acquiring another such licence for five years. As he drove a tractor, his Honour would, however, approve of an application for such a purpose if he made it. Civil Actions The Public Trustee (Mr W. D. Campbell) petitioned against Conway Steadman Chisnall, of Woodbury, a farmer, Wilfred Gordon Chisnall, of Hinds, a labourer, Collingwpod Dunbar Chisnall, of Hinds, a farmer, Cecil Charrington Chisnall, of Hinds, a farmer, Harold Linton Chisnall, of Hinds, a , farmer, and Irene Hart McConnell, of Hinds, a farmer (Mr V. W. Russell)., in respect of the will of Godfrey Chisnall. who died at Timaru on August 2d, 1939. In the statement of claim the plaintiff set out that so far as he was able to discover Godfrey Chisnall never made or signed any other will except the one referred to and if he had died intestate defendants would be the persons entitled to share in his estate. The plaintiff believed that Chisnall was at one time a patient in a mental hospital. The plaintiff prayed that the Court would decree probate to the plaiptiff as the sole executor named. After hearing evidence, his Honour held that ChisnaU, possessed testamentary capacity when the will was made and that probate should be granted. In the case Annie Vesey (Mr L. G. Cameron) v. John Douglas Fraser (Mr F. J. Rolleston) an originating summons case brought under the Family Protection Act and-seeking additional maintenance from the estate of Charles Niven Vesey, his Honour made an order that the plaintiff be allowed the right to call for additional payment at a rate which should not altogether exceed £lO4 a year. Fraser was trustee for a number of institutions which benefited under the will. In another originating summons case Agnes Frampton, of Wakanui, married (Mr V. W. Russell), proceeded against Thomas McDowell and Malcolm -Douglas McDowell, both of Wakanui, farmers (Mr C. S. Thomas), executors and trustees of the will of the late Thomas McDowell, of Wakanui. farmer, and Mary McDowell, of Wakanui (Mr G. C. Nicoll). Mr R. Kennedy represented Thomas McDowell and Malcolm Douglas McDowell in their capacities as trustees. Petitioner, a daughter of testator, sought an order for such provision as the Court thought fit should be made out of the estate for her proper maintenance and support. After legal argument, his Honour said- that there was no doubt that the father could not be said to have failed to make • adequate provision for the plaintiff for the reason that adeauate provision did appear to have been made for her. In the circumstances the application must fail and the summons be dismissed.