COURT NEWS.

Grey River Argus, 3 November 1928, Page 5

COURT NEWS.

DAMAGES CLAIM. Over Motor Accident. WHO IS TELLING LIES? (Per Press Association). WELLINGTON, November 2. In the action by Margaret a vlaii’.i for £1348 damages, for injuries ri‘c, iveil by the upsetting of a service ear evidence was given for the plaintiff by one witness that he had been asked by the driver to ‘ake a file and puncture a tyre, . 0 that he could say that he had a “blowout.” Evidence was also given tha' the iipfendanfs. Whitfield and Elliott, both owned cars which wore run under the name of Whitfield’s Motor Service. z\ man named Galt had been buying u car from Elliott, but the arrangement -cased in December. Elliott told witness he was finished wi h Galt, until he found £l5O for the defenc©It was contended that no negligence was shown by the driver, and that Whitfield aiid Elliott did not own the ,ar, but that Galt did. The driver, McClelland, in the wit-ness-box said lie was employed by Gal , and not by Whitfield or Elliott. Galt had <*ngagcd him for a fortnight. Plaintiff’s counsel produced a. statement of defence that was filed in July, ’ii which McClelland admitted lie was ••mployed by Whitfield and Elliott, and. tn reference to this and to McClelland’s 1 denial that lie had asked a witness to puncture the tyre, counsel asked which of the two was committing perjury. McUlrllaiid said the other was lying. Counsel asked if this other witness had perjured to get McClelland and the others into difficul'y. c ‘You,” he said, “are 23, and have no assets.” Witness also denied the truth of some of the other evidence for the plaintiff, and he was asked by counsel if he was accusing these witnesses also of perjury. Council: What have yon committee!— is it perjury, or is this statement of defence of yours I have, put in wrong? I give you up. McClelland, re-examined, said he had not seen the statement of defence filed in July. DAMAGES AWARDED. WELLINGTON, November 2. In the Motley ca.se, the driver, Mr Lellaud, admitted tliat the receipt for fares given to the plaintiff bore the name of Whitfield’s motor service. Evidence was given that one, Allan, was not told to juncture a tyre, but only to pick up spare parts lying on the ground. Witnesses also said the accident was consist<'ut with a blowout. « Al the close’ of an hour’s retirement, the jury found Me Lei la nd was negligent, and that he was liable, as also was Elliott, the owner of the vehicle, but Whitfield was not liable; and they awarded. £450 general damages, and £57 15/- special damages. LAX METHODS. WELLINGTON, November 3. A clerk, George Ashton JPcrgusson, was found guilty in the Supreme Court to-day, of stealing electrical goods valued at £.14 from the National Electrical amt Engineering Coy Ltd. The jury recommended that the greatest mercy be extended to Fergusson, because of the lax business methods of the firm. Sentence was deferred till Monday. THEFT. TTMARIT, November 2. /Yt the Supreme Court, Thomas Hart and John Watson were found guilty of theft from the person, and were sentenced to reformative detention for a period not exceeding two years. EX-CONVICT CONVICTED. AUt.KLAND, November 2. After a retirement lasting over two hours, the jury in the Supreme Court returned at eleven o’clock to-nigh. with a v rdict in the- shop explosion case, ex-Constabl.es Thomias Francis Car roll and Sydney Francis Waters being found guilty of arson, and. not gixilty "of conspiracy to defraud. Carroll was also found guilty of a charge of making a false iusur.udicc declaration. James Tail, taxi-driver, was found not guilty on both counts, and was discharged. The jur v rccomm nded Waters and Carrol! to mercy, and both were remanded for sentence until Monday. TIPSY SAILORS IN TROUBLE. WELLINGTON, November 2. Standing cars seem to appeal Io drunken seamen. Another case of such : men en'ering a car, with some hazy notion of driving back to the ship or elsewhere, occurred yesterday, and today they appeared in Court. They belonged to the Mataroa. Cliffordc George Dart on, 26. and Leslie Summer Ogilvie, 24 both pleaded guilty to drunkcnnc w s, but not guilty to a charge of an at'enipt to concert the car. It was stated that the. owner. David Hugh Millar, on returning to the car, found two men in it. Ogilvie was very drunk % and the other man was at'enipt ing to manipulate the controls. They were ejected by the police, after a scuffle. In Court, Darton said that he could not drive, but he was fined £lO, in default one month’s imprisonment.