SUPREME COURT

Greymouth Evening Star, 10 March 1926, Page 6

SUPREME COURT

WESTPORT SITTING The Supreme Court sitting held at Westport on Monday, was presided over by Mr. Justice Adams. ! The Grand Jury'brought in a true bill in the case in which a youth was charged with assaulting a girl under 21 years of age. Mr. Molony, on behalf of the prisoner, pleaded guilty and submitted for his Honor’s perusal a number of medical reports, mostly from. Christchurch doctors, the prisoner having been under medical, observation for mental trouble for a considerable period. His Honor remarked that it was a case in which the public must be protected and the prisoner placed in an institution where he would be unmedical observation. If he were given probation it would be only a matter of time when he might commit a serious crime. His Honor added that it was to prisoner’s credit that he had pleaded guilty and avoided the necessity of placing the girl in the witness box. He would be committed to a Borstal Institution for five years. . , , .

The case in which A. G. Tomkies had filed a claim against W.- Davis for £lOOO damages for alleged fraudulent misrepresentation in z connection with the sale of a farm at Fairdown, was abandoned, Tomkies having lodged a notice in the Court of nonprocedure. Mr. A. C. Cottrell, on behalf of the - defendant, asked for costs against Tomkies, which his Honor allowed. J. H .Lister, of Granity, applied for a divorce from his wife and in giving evidence stated that he was married in November, 1914. In 1922 a cousin came to live with him and on February 23, 19.22, he saw the cousin embracing his’ wife. He remonstrated with her and on coming home from work that evening he discovered that she had left her home with the cousin and one of the children,, leaving two children behind.- Lister stated that he had not seen his wife since that day. He had written to her on several occasions asking her to come back to him but she had refused. Mrs. King, sister ;■ of complainant, gave corroborative evidence as to the departure of Mrs. Lister from her home. His Honor granted a decree nisi to be made absolute in three months’ time. ■ A decree nisaj&yas. made absolute in the case'of Hobbs v. Hobbs, heard at a previous sitting of the Court. In the case of Brown v. Stewart, Mr. Wilson (Crown Prosecutor) represented appellant. The respondent was not represented. This was an appeal on point of law against the decision of the Magistrate at Westport. The respondent had been charged with a breach of regulation under the Health Act and pleaded guilty. The magistrate held that the regulations did not provide any penalty and dismissed the information. Against this decision the Health Department appealed. After argument by Mr. Wilson, His Honor held that the Health Act itself provided a general penalty for breach of the Act or regulations and upheld the appeal. The case would be remitted back to the Magistrate with a direction to convict but as the defendant had pleaded guilty in the lower Court, no costs would be allowed.