COURTS AND OFFENCES.

Hawera Star, Volume XLVI, 2 April 1927, Page 8

COURTS AND OFFENCES.

AN INSURANCE CLAIM. APPLICATION FOR. REHEARING. (ISV TKLKORAPII—PRESS ASSOCIATION.) GISBORNE, April i. An application for a re-hearing of the action in which Roy* Murdoch, newspaper reporter, was awarded £lB 4s against the Australian Provincial Assurance Association with respect, to insurance premiums, allegedly* paid as the result of fraudulent misrepresentations on the part of the company* and its agent, Noble Frank Lowndes, was made to the magistrate, Air. Lcvvv, K.-\l.. to-,lav.

The grounds of the application were that the judgment, was wrongly entered against both the company and Lowndes, whereas Lowndes had been unserved, and also that new evidence was available, as Lowndes was now willing to give evidence. The company \s counsel alleged that Lowndes was not aware that the ease was proceeding, and therefore was unable to defend the accusations against him; Plaintiff’s counsel, however, refused to allo w the letters written by Lowndes to be produced in court, wherein Lowndes stated that he had been approached by the company’s solicitors, and asked to assist the defence, but declined to have anything to do with it further. He went to the extent of expressing a sincere hope that Mur dock would win his case, and offered to assist in subsequent actions against the company*. Lowndes was evidently a most vacillating individual, changing loom one side to another. Having refused the opportunity* to appear in the previous ease, he had no right to ask a re-hearing now. If he desired to clear his character he would have an opportunity* of doing so in a further case for which a writ was being issued immediately. The magistrate held that the ease could be reinstated for the purpose of rectifying the entry of the judgment. As was clear, judgment wag '.given against the company* alone, although wrongly entered. Regarding the other point, the letters and affidavits clearly showed that Lowndes declined to give evidence for the company, owing to a quarrel between them. He now desired to do so to protect himself. This could not be. He had said the evidence was not available previously*. The application was dismissed with costs.

BURGLAR POSSESSED OPIUM. DUNEDIN, April I. A Chinaman, named Wong Ait Chong, was charged at the City* Police Court this morning with breaking and enlering by night the premises of Kan Wing Kai, and stealing therefrom £l3O in money, the property of Kan Wing Kai. lie was further charged with being in possession of opium in a form suitable for smoking, and with smoking opium. The accused pleaded guilty to the opium charge, and was convicted and remanded for sentence. Detective Walker, stationed at Timaru, stated that he had located the accused travelling on the Dunedin-Christ-chureh express. Accused gave his name as Low On, and produced £sl in notes. Accused told him he had Deer. working for a Chinaman named Ah Wong at Caversham, and that the money represented the wages received from him. Accused, who was accompanied by a Chinese boy about fourteen years of age, appeared to ‘ be anxious to go to Christchurch. He had no luggage, stating that it would be forwarded to him. Accused was allowed to proceed on his journey, being later arrested at Nelson, when lie had only* £2 11s iii his possession. Accused pleaded guilty* and was committed to the Supremo Court for sentence. lie was not represented by counsel, and did not ask for bail.

SOLICITOR IN TROUBLE. (DRUG l LAJMTIE.S AT PATE A. WELLINGTON, March 31. T.:e Court of Appeal heard on "Wednesday an application by* tho New Zealand Law Society to strike Frederick James McKenna', of Pateu, off the roils as a solicitor of the Supreme Court. The facts. u s shown by tho auditor As report, aie that in March, 192 G, his trust account showed a deficiency ol £58(1. lie also admitted forging some o’! iiis i Lents’ receipts, and also tho ialsifieat ion of entries in his books. He made no attempt to hide his position, ami gn.e e.ery assistance in endeavouring to clear it up. Air. C. A L. Treadwell, on behalf of McKenna, stated that lie could not, under toe circumstances, attempt to (oniince the Court that McKenna was a fit and proper person to be practising as a solicitor, but there were some extenuating circumstances in the ease. McKenna, at the age of 17, went to the war and saw two years’ service. Ju his return from tlie war he, studied for bis examinations, and at 23 was admitted as a so.icitor. The whole trouble was that he had had no suitable expeiienee to warrant him practising as a solocitor. He was for some time in the Public Trust Office, which did not give him the necessary legal experience to further him for his profession. Other than this lie had only a year or so in a law office in a country town. His family were people of means, and it could not be suggested that his actions were for the purposes of gain. The purpose of the forgeries and the false entries wa s not to defraud his eiienls, hut solely to put his hooks in order for the Audit Department. As far as was known, none of iii.s clients had suffered any loss whatever, McKenna himself being the only loser by his actions. The Court reserved decision until ■Saturday morning.