LAW REPORTS.

Dominion, Volume 3, Issue 774, 24 March 1910, Page 11

LAW REPORTS.

SUPREME COURT.

DISLIKED LOCAL WEATHER. WIPE'S DESERTION. An undefended divorce petition was heard by tho Chief Justice, Sir Robert Stout, yesterday. • Francis Joseph Lyons, bricklayer's labourer, stated that he had been married to' therespondent, Ellen Lyons, on December 10, 18S8. There were three children;of tho marriage,' all grown up. His wife had left hiin seven years ago, and was now living in, Auckland, had been married. She had since' written to petitioner stating that she ' would not return. . She also expressed herself strongly on Wellington weather, and stated that she was glad to get into "a clean city,", away from the wind and dust. In 1908, a 3ummpn£ wasjssued by bis wife suing him for maintenance. He went to Auckland, and the case was dismissed. The ■ judge, holding that desertion was prdvod, granted a decree nisi, on tho usual terms. ' ■ ' ■Mr.'. A. H. Hindniarsh appeared on 'petitioner's, behalf!? . ' . THE HAULAGE OF LOGS. 'Hearing.of the case of William Burgess and John Mitchell versus Williajn dicker's, a.claim for £200 for alleged breach, of a log-hauling. contract ; was concluded before Mr. Justice Williams yesterday: ; "■'■ ' ■ ; Mr. E, Kirkcaldie appeared for plaintiffs,' and Mr. CB. Morison : for defendant. " . : :■■.'.' Tho claim was based upon the allegation that Vickors had committed .a breach of a written contract by selling the bush, near Waikdriae, and, by so doing,'had put it but. of plaintiffs' power to deliver the logs. There was a counter-claim for £340, Vickers alleging' , that plaintiffs had not carried out their obligation to haul a minimum' quantity of 60,000 ft. of timber per month, and that they had committed a breach of a..covenant to .repair a' bushhauler, v . ' .; ' ■ ■

His Honour reserved judgment.

MAGISTRATE'S COURT. j THORNDON MURDER CHARCE. (Before Mr W R Haselden, SM) Robert CorkiH appeared on remand at the Magistrate's Court yesterday, charged with the murder of Christopher Denlns Smith, in Pipitea Street, on March 4. Mr. Jackson ; (on behalf of Mr. "Wilford) appeared for acou ad Mr Slyere prosecuted Aβ Andrew Percy Findlay, a witness; is leaving Wellington, shortly, his evi dence was taken Hβ deposed that he was a horse-trainer employed at Mira Hiar On the eiemng of March i, about 550 pm , he happened to be about twenty yards from Wo 60 Pipi tea Street, the house vthero the tragedy ocurred haling just come out of the Metropolitan Hotel He noticed tno men talking loudly, but did not take any notice of whit they were saying or doing, and turned an ay Immediately attenmds his attention was <,dr!twn ß by a shot, He turned round then, and'sau a young fellow put his hand to his stomach, and then go I fchxouglu a gateway The other, man went over to the gate ind stood there, at the same time putting his hand his cheek Afterwards witness saw the other man lying on his back, apparently dead He (witness) stayed about until accused was arrested, but did not see the revolver till it was. taken from his pocket Accused asked Witness to go for a doctor Mr Myers asked that accused be remanded till next Wednesday, when all the evidence would be taken. Mr Jackson applied that the case be further remanded until the following Friday, as Mr Wilford was out of town: Hie magistrate regretted that he could not accede to that request, as engagements'for Friday would not per,mit of, this being ■ done, especially as his colleague, Mr; Riddell, S.M., would 'not be there. Under the circumstances the case would proceed on Wednesday. EX-CONSTABLE IN TROUBLE. William Patrick M'Dermott,' alias Arthur Shrelfo, already awaiting trial on charges of forgery, was further charged with that: (1) On February 29, at Wellington, ho did forge a'document for a request for money, purporting to be written and signed by J.. A. Farmer, and did utter the same to. Joseph Ames. (2) On February 30, at Wellington, did forge a document for a request for money, purporting to be written and sighed by T. Hutton, and did utter the same to Andrew Patterson. Accused pleaded not guilty.

' Joseph Ames, commission agent, stated in evidence that, on December 30 last, he received a letter purporting to comb from J. A. Farmer, private horse trainer to Mr. W. E. Bidwill, of the" Wairarapa. The writer asked that witness should leave £10. _ with Messrs. Izard and Weston, solicitors) in an envelope supplied, and addressed to T. A. Hutton. In the latter envelope was'a note addressed to Hutton asking hjm to nominate Mr. Bidwill's racehorses Tribulation and Provocation for big racing events in Australia, such as tho Doncaster Handicap and the Champagne Stakes.'. The letter was received too late to leave tho money with Messrs. Izard and Weston. The nominations were sent to Sydney, but were afterwards cancelled on it being found that the matter was a. forgery. J'. A; Farmer,' private horse trainer for W. ; E. Bidwill, denied writing the letters, and stated that • he- had- not atithorisod anyone to nominate the horses for the events. , After the hearing of further evidence) accused was committed for trial. LIQUOR AND THE LAW. Joseph Henry Chaney was charged (1) "That on February 26, at Wellington, he did deliver to George Green a package containing two gallons of beer, to be taken into a No-License district, such package not having written or printed on the outside that it contained liquor; (H) that on February 26, at Wellington, ho did sell two gallons of beer to George Green, to bn taken into a.No-License district, and did fail to send to the dork of the Court at Wellington a statement in writing of the nature and quantity of liquor so taken, and the iiamo and address of tho person ordering the same, and 'of tho person by whom it. was taken. Mr. Jackson appeared fur defendant: Mr. Fitzgibbon, who appeared for defendant Grcon, suggested before ' the 'opening of the case against Ohaney. that tho evidence of Green in that case should, for tho purpose of saving time, bo accepted'as ovidenco in the ease of tho Police versus Green. This course was assented to, and tho defendant pleaded not guilty. Sub-Inspector Norwood,, who prosocuted, then called George Green, who utated that ho was a fisherman living at Palmer Head, within the No-Lioenso urea of Wellington South. On the morning of February 26 he wtnt to Maearthy's brewery, where defendant supplied-him with two gallons of beer. He had not told defendant on that day

where he was going, and , had placed ■the beer in- his cart. Ho remornbered No-License being carried, and defendant knew whore ho (witness) lived. On being asked how he (witness) stood in view of No-License, he bad remarked, ''You can get the beer just the same." Emily Green,. wife of the previous witness, stated that ■ defendant knew where, they lived. . Sho went to the brewery when the present complaint was laid, and on shaking to Chaney, he said: "If; it comes to anything, 1 do not know you. from.•■a crow in-this oase." : " :: ;; ; .""■■.■ '

Joseph Henry Chaney, employed at Macarthy's brewery, deposed that when Green came for the beer, ho was ignorant of. the locality which he (Green) was living .in.; Grepn did not inform him that.he was still living at Island Bay, and witness denied saying to Mrs. Green the words: "If it comes to anything I do not know you from a crow." ' His Worship considered that.tho evidence was sufficient to record a conviction, and defendant was fined £3, in default, seven days' imprisonment.

. ANOTHER LIQUOR CASE. ■• George 'Green' '\vas charged with that, on February 26, •when'giving an order; for liquor" .'to. be! takitii'intfl; a No-License' district, ho. did.' not", notify ' Harry Chahey, the person to whom the order was given, that the liquor was intended, to bo so taken, and did not give him in writing his (Green's) name and address. -.. . •■• ■.'• • • '"' : Mr. Frtzgibiwn intimated to , the Court tha-t he had.no further evidence to call,' but intended to raise a rxiint of imfjortince t6 : residents in no-license' districts who required liquor. , He submitted for defendant GTeen, that. in view of tho fact that ho verbally notified Chaney that" No-License, was carried,:that, he was'-in- a ; No-License district, and in view of the further fact that he was . well. known to Chaney, that' no offence "against. Section 147, sub-Section, A, .had., been.. committed. The section read ■ .. ■ . ;'... ■ ■;■ ■. ! ''Every- person who gives any of- : ," 'der (whethor vor-bal or in .writing) . .:for,any liquor.intended''to''be sent, or taken into tih'e district.. shall\ .notify the ..person to whom ,the . ;. order -is given .that, the liquor, is intended to be so sent or taken, • and shall give to such . last-nKin--.tioiied'person a statement iii writ- . : ing of nis name and address, and ;., (where the ordor is given on ac- ■■ ■/■count of, any otter porsoa) Hie ' name and address of such other person." .'.'■•' ■..-.'■ Continuing, Mr. Fitzgibbon contended that the section must .nisfciba .literally, construed. ■'. It must be .con-, strued in oonjunction with' tho rotrain- , ing provisions of Section 147', and alsowith .the provisions of Section '145, regard being had to the object of libese sections. The two sections must be read together. It was clear that tlie object of the Legislature was to secure some" measure of , official supervision over"liquor.brought or sent into a NoLicense district. Two olasses of'persons .were concerned—the buy v er. atld seller. Upon the seJler cerJain ob-Hgi-tioiis were cast, a breach of which was visited by a serious penalty. The seller's ohiof duties were to label the liquor, and send a return to. the. olerk of the Court; ■ Tho seller needed pro■teotion against' careless '.or' unscrupulous buyers. To accord thia protecfaon sub-Section A, Seotion 147, was enacted.' It ; w&3 ; merely reqiiirfld u>. enable, the', seller" to fulfil his ' obljgatwns. ;.,' The .'prbvisibhs were purely .direotdry.;. : If,-the inforination, which' the buyer, was bcrand: to give the seller, was already- within tbe. seller's knowledge,', the buyer com-, mits no offence. It would bo .absufd to'say, and this would follow from a . literal construction of. the. resident within a No-Lioyii'so'. .district .required-liquor, but would have" to go' tp the merchant , to well known, and give that ■person on. each occasion a statement in writing of. his name and address, and notify.him "that; lioi.was living in a NcPLicfiSse'district. , 1 : .'■:.:.:.•'.•■, . ■■>"....■■ ■ ■"■'; ' •'. ' Mr. Fitzgibbon's obnteation,.was upheld by the. magistrate ...and the information . against' Green; was /accordingly dismissed. , i.. ••':'■:■ /• .-".' : .' other" cases: : ' ' ~.^ George William, alias Spicer, alias M'Fafland, alias .-'Williams, was charged' l with being driink, ', and .al^o, iusing improper,; language. Ac,'cused,'" '■ who had been*" before the "court. ! on tiventy-sis. ''pecasioirs, .. was fined-10s.. on the charge of drunkenness, with the option _of 48 hours' • imprisonment; .For using imprbper . language, he, was ; fined £4,; in default 21 Says', imprisonment. .'..-. ■ .-,. . William; James ;. -Eennedy,' .• charged with using improper language on the •Main. Road, at Upper Hutt, was convicted and fined , £5, in default 21 days' imprisonment. : ; . '...-. ;■; Jfames '. Cummings, and- John nessy appeared in answer to a charge of assaulting and robbing Joseph John Patterson of a watch valued at £8." Accused were remanded.'until March 30. .Maurice -Christian-Larsen,--and-: Arthur. Liddall, charged, with ..using threatening behaviour in Charjptte Street, • whereby , a breach-iofi'tbe peaoe: was occasioned,' were'each' ftned. 405. , ;' in default, seven- . Michael" Connolly, charged with insobriety (25 previous convictions), was fined 55., in default 24 hours' imprisonment. ■ . '-,' '■■" • .:'•■. Annie Evans, who appeared on a charge of drunkenness, was remanded ■for curative treatment. ■

Joseph Gibbons was convicted ■ and discharged for intemperance. For having procured liquor during the currency of a prohibition' order, he was fined 405., in default seven days' imprisonment. .' '"

George Leech, another inebriate, was fined 10s., in default 48 honrs' imprisonment. ■ For assaulting John Bates. William Cayless was. fined 405., in default 14 days'' imprisonment.

On a charge of committing an unnatural oifence, Walter Henry Lister was 'further remanded till March 30..

Thomas ; Troy' pleaded guilty to cpmmittirig a certain . act in . Taranaki Street-,, .and. was. sentenced to : one. month's imprisonment. William Collier Boulter was charged with disobeying - an order of the court to maintain his mother, the arrears totalling £4 17s. 6d. His Worship entered up a conviction, and sentenced accused to one month's imprisonment, warrant to be. suspended so.long, as.'6s. par week is paid oiT the arrears, tho first instalment to bo' paid on March 30.