LAW REPORTS.

Dominion, Volume 1, Issue 202, 20 May 1908, Page 4

LAW REPORTS.

" -0" : ■ . SUPREME "COURT; CRIMINAL SESSIONS. YESTERDAY'S PROCEEDINGS. / : : v . The Criminal Sittings wero resumed yes-■'-terday morning,' Mr. Justice Chapman tak- . ing his seat at 10.30 o'clock. ' BREAKING AND ENTERING. .Thomas Prisk and Charlotte .Prisk wero ~ charged with, on March■ 30,'. 1908,'.at' night, : having : ■ broken-' and .'? entered the' business establishment of Frances C. Pallant at Daiinovirke with intent to commit .theft.- , .vMr. Wilford 'appeared on- behalf : of' the /;;'•/;?/ ;. . male, prisoner, and Mr. Levi -for the female ' . .prisoner. Picas of' ndt-guilty wore cntored/ ,Tho following; jury was / empanelled ; ... -.-P. Moore (foreman), Jos. Tilyard, Tlios. Ley- : don, W. Brown, H. E. Long, A. Webley, A-!' Rflid, H. Hayward, W. Knight, W. -Col- ■ - ley, S. M. Johnston, and Chas. Clark. - •. Tho'Crown Prosecutor,dDriefly.- outlined (the fqcts relied on m support ot the charge. He, stated, inter alia,'■ that, prpspecutor/'was. • at the tnnc removing to other promises. -Only a right-of-way separated- tho premises which she .was vacating';and those; occupied'' v by tlio prisoners. . ... -. 'Chas. Benjamin Coleman, night-watchman, ■/■V}:[ vX; state(l-; ; tha1; -'when - lib;. made/'his the . lUpiial. / itim'e-/ prosccutxir's,s&op,' : was locked.; :• '/' 1 ); i Subsequently; ho. -a ,'lightr showing; through the -fan-light. He went over, arid' 1 ' - saw. someone open the door a few -inches. . Then-the dpor was slammed. Witness asked; • wlio. was inside, .but rccah'ed no reply. In ' answer to-a second query a l -man called out .-r ■ , ."Mr. Pallant. It-is all right;" . Witness i V --'repliedjVz l *-That {. iipt,?Mr.i;. ■;>: your'. voicp..'' Iknow irlio' it' is!'' Open the :' door."' After some delay the :.door Was v:';/ ?/; •-.opened, .i and, the prisoners canieout. The. ■i'. male prisoner said that thoy had founds the . .; i - / • door ppen, and denied that he had a key - - whichy would', opoii i the - door. -.-' Tlio -.fvimvlij; !:prisbrierj' who 'remained'-behind' momentarily,' declared that somebody- threw- a'st-one, -wjiich 'i;',, ■/■ /;'striick their /window, and oil going out/.she found the door open.. La.tcr,. slie .and i: her v.vhusband went in to have a.'lo6k"jrpuild,sbut i:'A s ' h?d not. done anything. • - iSubsoqu'ently/tbo ill"' :'. .; :male,;/prisoner remark«l:,. "/Don't. say . any-. : i: thing about this, will you?" Witness repliedl .-must report-the matter- in ordw, I.to:protect, myself.'.'. Continuing, Prisk said : -ff / "You are the .only .person .who '.knows.. aLy- - : thing-, about it,; and jf you keep 'it .to'youri; ?/'/ '■:; /■ self ino-ono will be.' "any .thci wiser."' If - joii ■; . . Ido I will make it worth your while. If you , anything, .about'; it,, think;,yrn v/ere trying. to ■ Call-in tho mornmg and I will fix it-up."' ' .Witness said;. ho.: would , think .the matter over, but, wpnt away arid informed, the police^'-.-'iy-Cross-esamined, stated . the ; prisoners did,.not (with ■■ his services ' as night-watchman because .he had:been ! j!ty ';/ negligent; but'.on .account, of the iaot'-that •: ■/ . they were- ! residing on tlio. r '-!premises'.J' He ; : had not-the slightest ill-feeling against tho .. ' prisoners.'- . . '//.v.' ~\;i ;'.;,' p> -jj.' •/Prosecutor.. stated that-/'tlio stock? remain-' '.".'ing inithe'.shop'which/she was vacating was" , iJ displayed \iii.;th'tf 'wMdow. '• On/ Saturday ieyen- - ing the place wa? ; tidy, .liut'on Monday?piorn- ■ ing a pair '-of men's bqots were lying on the ; floor, And a'-pair''of '-women's:-shoes on the counter. . -. i >.';•>) ; • ,'lvy Thompson,- assistant at prosecutor's . / shop, .gave.oyidence, tliat the: female ■ pjlscner

pncea.-U' yuu suoir's ~ou o ouu r.nuav, vious to tho date in question. ITpojrieaving .'.r . tlio premises ■: on Saturday evening witness locked the door. • • >7' : ;?£;'■■: SergeantCruickshanks,.'depose(k ,'that tlio n female prisoner said. ; tp him : : ,"Tlfat' is''what . you get for looking after-othcr'pedplo's busi- ' ness." Witness mentioned- it -'C.' : v;-was .reported that they: had closed the;door :• ' behind them. . In reply, she remarked:."That ■i /is whcro we mode the mistake." : ■ Constablo-Moloney: also gaye-evidenoo. > K' , ; ' J?;This. eloped tlie case for ;tHe. p^bsipution. ]' . ' :V Thp male prisoner, .'wlib"''is"'' a ?fjcScy*golds'- *. ;• ' fealeir, . stated, on/ oath, that. his wife, who •. had jiofc gomj; to..'bed, vhear,d ; a ■ . and awakened him'somotimp'after!'midiiight.'' They went round to prosecutor's shop. and found tho door open. Both went in to in'yestjgate'.; He; struck a couple of • matches, but found that.nobody was there. His wife closed tho door fyehind - them. Just as they. ' appeared on; the'scene.' The night-watcliman' had a; grudge. v . -.' dispensed '.Tyith 'lliS'jsryices^'; V V^Thp ; . Prisk' who was,some time ago_ fined £100,-in V.'default.. six', months' •imprisonment;-';-for •' smuggling opium? . - Prisoner: -You-know.as much about b,as'L f -.V do, old man. '• " ; .o. 1 V ':■ ■■■' f.ui: ■> ; ' :.yHis Honours That ;is- no• answor- tp.:tho; ■ question. ■■ ■" <-.v..Prisoner: I '.liferriiitka ' ... ■ was fixed. ■ '' Tho Crown Prosecutor: .'Wero you i.ol in ■ gaol for a v.-eek or'feo?* - ; •' ■ ■'ri ' -;v Prisoner : ::. Yes; hut. then,pajd,. , i. l: ' ! V and ;I was released. I ' '■ v" '/' >'< '•- '• The Crown. .; Prosecutor,; Ton .are quite,. ' wroug; default was fixed. ' r!The'''fenialo''prisoner also: %aVe"- iwJdenctt'; ; : ! Sho':. : stated, inter alia, • that sho clo_se-l tho ;door when thpy.;'wenfiiitp'prosecutor's'shop . .. in order to preveht 'tho'matpheV 'lirwn' ; - out. Tho evidence .iji. '/support of thy. (iharge was, 1 sho said, untrue.; 1 -' >' Counsel addressed . the Court, aiitV His 1 •Honour summed up. . • '.'j--Tlio jury, whiclj retired at 3.35, retvined :•■'• i it\ , 4.46'.with'-' , a , ;vcrdict pP"Quilty.";;' ' '.' Prisoners : wpj;o toinanded'-for sentence-ain'til' ■' tlii.s morning.. .

.THEFT FROM A JEWELLEE'S.SUOl 5 _ . -.'-William Camoron, alias Hayward, a young ' man, was charged with having, at Masterton, on March 3,. 1903, broken and entered "tho shop of James Scott, and. stolen a number of - articles of, jewellery. \ - 1 '' ■? : Prisoner,, who :jyas not. represented by coun-i ,'scl, pleaded not guilty. . . " 5 -TJjo following jury .was empanelledA. >S. , ChapAniin. (forenian), - Hill, Fred W. Petjierick, David Wilson, ..W,;n,r A.' Pearnien,' E. W. Seatori. Wm.. Wilson, Walter Hayward, Wm. J. Thompson, A. J. -G. Sjnith, "Hy. Donkin. : i _ . : Tho Crown Prosecutor outlined J. ho facts, ... relied-011 by tho prosecution.. m> : -r.;;,, .I'roseciitor gave ..evidence that, 011 March' 2, he -left his sliop at. about .5.80 p.m.-, iSS'ext morning' l ho found that the. back wiiidow liud been forced and that tlio' gooSs in '.question '-had been, stolen. • W'itness identified 'as- bis property certain articles produced.- Other articles which had been stolen were still : missing. It woidd appear that the window'' had been forced with.a,,chisel.. . • . . Elizabeth M.' Hansen said that she was employed' at the Fairview boarding-houso at Masterton,-' ivhero prisoner stayed' for a" few' days. Among prisoner's luggage were bags fi'similar'to those produced. One;mornirig'his ■ beddookod.as if it.bad not boon slept,in,;riild she found a brooch upon it. Prisoner-did not removo his .luggage from the.-boarding-house .' when lie went away, but it was taken away £ftenrards. .7 - William Thomas' Dryburg, boarding-house keeper, Napier, .deposed that prisoner stayed at his placo for some days. His luggage consisted of the bags produced. -. - Constable - Baker,- .sw.orn; ~ stated "9, found sevoral of ;tho articles produced in the ■ fif- pris.oiier, who' had,,been; arrested at • Napier- : for . drtinkenncss; ( ;,^•. ; 3fost of-!; tho goods wero in the'-bags,'- of which prisoner denied. * Among othor things, there -were gelignite detoilators - and >plugs' in the bags: Prisoner said thsft'Jio had never been in Masterton,, and ; that''.-he had pur : , chascxl the goods found on bim;for £2 on tho_ racecourso.' at Napier from -ft,,111.i1l about Gft.6in. in height, and list; .You can hang mo if you like,''/prisoner continued,, "or do what you like: with me, I'(im ,;thoroughl.y disgraced now as it is."' , i Actipg-])cti'ctivo Quarterinain, / 'Sergeant Millet;,''and Jessie Seott also-gavoEvidence. 'Phis closed tho,case for the prosecution. Prisoner briefly addressed tho' Court:''' Ho was,_ ho said,, not guilty of tho offence.' His Honour sumriied up. ' . ' The, jury, which xetireil at-4.50, returned at 5:2 with a verdict of " Guilty."

Prisoner hq/I'nothing'fo 'say ,whv sentonco should not harassed uoon, him. iOjrv Croun

"prisoner l had previously been"'convicted of causing actual bodily harm, tlicft 1 from the person, assaulting tho.polico, and obsccnc language. ,; ( ;|lis .Jhat tlio prisoner had a very • bad• •Teportl, and. the sentences which.hadibcon'iiiiposndiian. hini showed that other Courts Ijiad foiijid jjim to bo of very bad character. & If-ivas or no uso sentencing him •to>a> imprisonment; .lio must .bo'sentenced tq\V'{erm which would act as /a'ciuition'to .liim'.'. 1 He would order him to Lo incarcerated for four years'with hard labour.

Tho Court, then'adjourned until 10 o'clock this-morning.

;SIT TIN GS. , i,,, OF PARTNERSHIP. Mr. Justice Cooper yesterday re-heard the icaso'.betw'een'tbftrepresentatives of tho lato Pr, Roed, of North, and George Simpson} ; of'Fdxtoh'.' • , - This was. an - appeal from tho decision of His Honpur'thb Gliiof. Justice, which came "Jtefofd tho''Cfouft of;/Appeal at its recent sit..tings, -and' pf which; the Court ordered a re-'t-riaT of'certain' issues of fact. . Thp,.case : may'.'bW&ta'ted nriefly ns iollows: —The late jDr.'Roed entered into partnership in 1903 with Simpson in tho business of a llaMiiller, near .Bulls, and one of tlio terms of << the - partnership ; agreement was that .Simpson, was to carry oil tho business in his own name.' : Dr. Reed then went away from the Dominion,-leaving Simpson in control'of ;tho mill. . Simpson mortgaged tho'whole, of. tho plant to' Patterson and Co. to secure the sum pf £1600, which lie applied to jiurpor.es :notiauthp^isea,-by r the partnership. .' Dr. Reed [had; m£a'nwjsp app&inted -Mr. G. Moore, solipF North, 'bis attorney in •'New'Zftaiaii"d',4fof-IUo purpose of looking; after his interests in. tho mill.- Tho security to jl'AtterfipiV.and Co. was given on-February 9, 1905," ahd' in tho sauio month, Mr; S+oore sj.w a notice in the "Mercantile and Bankruptcy Gazette" of the'security, but no steps were ,taken to inform Patterson and Co. -that part. iof'th'6':pr6pKty;ic'o®prise[l' in jth'd',security he-' longed to: tho partnership. On September 11, Levin and' Co. .advanced to Simpson, in tho belief ithat ho..was. tho sole owner .of thechattels comprised in tho security, £3000 odd to pay off/Patterson and Co.V security, and iii^tiC-^'^^itWtejWTOty-'-oyor 1 the sanio assets .from .Simpson. On September 6, a writ had. been issued on behalf ofjl)r. Reed, claiming a dissolution of partnership, and this writ,.had/actually been: served/on Simp'soii ' days before the money%vas'!bori'6weirfrbm -Levin arid Co., but. Levin and .Co. had no nbtico of the: issuo' of .the writ,"and were led to believe by Sin-pson that the'property comprised in their security was solely-his,own. ? A receiyer was ihen appointed in the partnership action, which had :boen>'commonced against Simpson,, and Lor in iaiid »Co,'s;secui'ity ■ was -attached- on the ground that it' partly comprised partnership !PTOperty/;y,T(iQ..:.Gl}ief. Justice held , that. the-Kii-of ; flaloW».^-validi.only. : in .respect' of Simpson's share of tho property mortgaged, The caso came, on .appeal, and after ..argument in?the Ci>u'rt : ;;-'6f '-Appeal, i'which lasted tho better'part of three days, tho Court, intimated .tliat tho.facts were too defective.on which f<i giVe'' judgment,•'■and remitted s!io baso to tho SypremojGourt/for tho'.ascei-taininent of further-facts.-, : . , ?',, • '

' in issuo at the re-trial .was 'whether .-Patterson and Co., when they took.the security, over the partnership 111 o'pWtvTikncw "of. the 'fact of ;tho partnership. Evidence • Off"tliiS; p'oiiit was h'eardp and tho case wasiidjtiifnM ■' sino die to enable the evidence./of.tho -widQw of the lato/Dr. Reed ! -j; /Mr. H. Di./Bell, K.C. (with him' Mr. Ostler), anpearaViPn-rbehalf of, Leviii,v.and Co., and Mr.' r Skerre r (with him Mr. G, 'Moore),. for' the .representatives of. tho lato

-MAGISTRATE'S . COtJRT.:

J CASES. (Before Mr. \v. G. Riddell, S.M.j on Tues- ". day.) ... ■ ,- r . An clderjjf; and very > respectably-dressed "first^blfending female inebriato : was charged irithvheirigtjOTnd drunk in Ghuziiee Street on- Monday!..qiglit. She was convicted and discharged. \ ' V . 55., in default twenty-four hours' imprisonment. ■ Upon a charge, of tho theft of a shirt' and a pair of trousers, valued at 135., John Milne, a-strongly-built young man, was remanded, to appear at Picton on Thursday. " CIVIL BUSINESS. • I Cf ?: •• A clajm upon a guarantor for goods sup■pliod' was brought by Wardell Bros, and Co., fory,whpm.-,'Mr./Eell lappeared, against J. F. liGunsler/.'.'tho'vanipunt in' question' boing £3 ' 45,: .10di«i'jAi£ter.hearing tho evidence His Wor,4hi^,'gaVe;judgmcnt"'for. plaintiff, ..with costs IW,IHrV. ... proceeded against Nathaniel 'Kui'Msi', 1 '; bfepling-ili'ousa keeijer, to Recover .£.!■ as.servant.. Mr. t-Eii-kciiidi'o'' for : plainti(f, and Mr,. 'defendant. After hearing the 'eviiieiibe, 1 tW. characterised the c^aim,.as. paltry,, an(l-said that it; should, have "sbttled' of .''court: ' Judgment , was fbj ; Cs. costs. -.' M! y? 09?'''inj . «ni2'- • 1 . ~ JDDQMIip! BY; DEFAULT. •• i,

S.M.) . Judgment'"for-plaintiffs 'by- dfcfault was granted in tho . following civil . cases United Asbestos Australasian Agency, ClnHt&lvl.v. -Loader, £1, costs WDoiinell -v. John Coch-.rane,,-1,165., costs 55.; H. Oscar Hewett 'ani Co., Ltd., v. Alexander. Dunbar, £12 45... costs,.'.'#l.-.-.;1!35, ;Nicol, Stringer and. •Roberts,' Ltd-.-Win-,liquidation) v. Thomas Bailey, £12 5s v ' costs £1 10s. 6d.; H. Oscar Hewett and Co., Ltd., v. John Tofts, £3 10s., costs 10s.; 'Nicol, Stringer and ItobertSj Ltd., ,(in liquidation) 'v. W. J. Lawrenco and Sons, £l'.-llrs.i6d,, .cos,t&„os.George James Pcarco Sr. ' and Alfred Rolston, £8 2s^Ba. ,, 6d. ;• A. Cocks and Co., Ltd., v. John Hislop, £21 12s. Bd., costs £2 14-. Lynn, £1 ss.',1 ooita" ! jUiViV ?WB®/ ; Hudson , v.; Elliott L'Estraiigo Bartonj. £25' 10s., 'costs £2 14s'.; Robert Martin, Ltd!, v'. Mrs, E. Grimmett, -J/17 10s. -4d:yi,costs £1 10s.; 6d. Bernard $\ Whltaker,:® Charles Buchanan, £3, and possession by June 2, costs lis.; George Henry liaylis v. Jvwong Cha Chong, £6 10s., with .lcftVo-.-tQ- 'issuo. immediate execution, costs "£1 -Is. (id. ' . - JlJlXiitoT SUMMONSES. '• In tho judgment summons case of tho New "Zealand Express. C., Ltd., v. Prank Roberts, tliq,-(lehtpr.,.was ordered to pay tho balance "Owing; Sl'-lfls., on or before June 2,, in default three days' imprisonment. No order was'mado in the case of tho Nonpariel Cycle and, Motor Co. v. William Henry £6'ls. ; . ..... A MOTOR-CAR CASE. The"result of a motor-car collision was the subject of :an .action between Edward Bloomfield, dairyman, of Kilbirnie, • and lnglis Bros., motor-car agents, in which the former alleged' that on April 6 the motor-car was driven with great i'orco against tho plaintiff's .-.horse, vftuditluifetltp. animal-was rendered useless aiid had to bo destroyed. A veterinary surgeon-had been called in, and tho plaintiff c'laimetPSlS 'op Ilia" abovo causes, and in tho rflteVn'fttiVo.'£l.B," Jiechuso it was held that the {lofendante' Afiycr .caused tho injuries by driving "at'a 'dangerous speed., A counterclaim for £26 4s. was brought,by defendants Oil the. grounds;thstt tho horso liad been negligently aiid uuskijnilly ridden, thus causing HUfiiitgo'-fe' tho car, and that plaintiff was 011 road. .jir. j). M. I'indlqy appeared for tho plaintiff, "and Mr. Von llaast for tho defendants. -''"iftei ; '!¥"MligW; hearing, judgment was MOTOR-CAR v. BICYCLE. ,"A claim* for-•£s 10s. damages' to a bicyclo was* brought ; by'"Martin Wale against Dr.' H. ; C; laulle the result of a collision in Willis. StrcetaoifuMarch •' 30.*./ It was alleged that tho damago resulted' through tho naxlifieiit driving of., defendant.

Mr. tiook represented .-plaintiff,, and Mr. Gray defendant. After' hearing the eridonco for tho plaintiff, tho case was adjourned until' Tuesday next. '' CLEANLINESS OF A HOUSE DISPUTED. Dr. M'Arthur, S.M., delivered judgment in the oaso between Joseph Brain (Mr. Fell; and Arthur Batclielor (Mr. Buddie). Defendant owned a piece of land with a dwelling at North Avenue, oil' Hopper Street, and in January ho. leased it.to th'e plaintiff at a 'weekly rental of £1 2s. 6d. Plaintiff took it on the understanding that t]io house was habitable, but ho now alleged that it was infested with vermin, and that this was known to defendant. Plaintiff claimed £25 damages as compensation, or, in tho alternative,'• ;G25 for injury to . furniture and oilcloth and expenses incurred in shifting from tho promises. Tho Magistrate was satisfied that the house was in the condition stated, and that the defendant knew of this. His Worship quoted other judgments at considerable length, and said that he w;as of opinion that there was no implied obligation or condition on the part of tho defendant that tho premise'? let by liim' to the.plaintiff were fit for habitation. His' Worship pointed out that ho could not overlook tho fact that the plaintiff had admitted that lie inspected the house before taking possession, and that lie made no complaint until nearly three months afterwards. Judgment would, therefore, be given for the defendant.