COURT NEWS

Grey River Argus, 4 June 1942, Page 1

COURT NEWS

FIRM CRITICISED FOR PROCEEDINGS.

DUNEDIN, June 3. Strong criticism of the action -of a Wellington firm in issuing judgment, summonses without taking the proper steps to ascertain whether, since judgment was obtained, the debtor had been in a position to pay, .was expressed in the Magistrate’s Court by Mr Bundle, S.M., in hearing the sequel to two default judgments obtained in Wellington in actions against Dunedin debtors.. Mi” O' GL Stevens, counsel for one defendant, stated that this firm employed high-pressure salesmen, who got their clients, mostly elderly women, to sign on the dotted line, and then, when they were unable to pay, terrified them by using the Court's processes. , The S.M. said that judgment summonses should be iued only in cases of dishonest debtors. or those who could but would not pay. On the evidence, it appeared most improper that these proceedings were taken. Mr Bundle added: If this continues I shall direct the >,chce to make enquiries as to why such affidavits have been made without reason.

CHARGE OF UNLAWFUL USE. OF INSTRUMENT DUNEDIN, June 3. In the Police Court, Henri Arthur Hirt, 48, was charged with unlawfully using an instrument, with intent to procure a miscarriage. Inquest proceedings on the woman were taken in conjunction with the hearing. The mother of the woman concerned stated that her daughter was the wife of a soldier overseas. She took her daughter to accused’s rooms on April 27, leaving her there. Aa later stage, witness rang accusetelling him that her daughter was in pain. Accused advised calling m a doctor, and Dr Monheimer, diagnosed the trouble as peritonitis, oidering the natient to hospital, where she died on May 18. A daughter of this witness stated that she consulted accused on April 27 about her sister’s condition, accused telling her to bring her sister along and he would use a machine on her. ~ , Dr Monheimer gave evidence that, when summoned to the case, he was told it was one of appendicitis. He however, found slight peritonitis. The patient’s mother then informed him that she had had a miscarriage a week earlier, and he sent the patient to hospital. So far as witness knew, accused’s business was that of <m electric theraoeutist, and witness had never treated any of accuseds ijQticnts. I Professor J. B. Dawson stated that he diagnosed the case in hospital nfe peritonitis, and decided to operate. The cause, in his opinion, was affection caused by a miscarriage. The instruments produced in Court- were used solely for a certain type of operation, and they should be in the possession only of qualified doctors..