SUPREME COURT

Hawke's Bay Tribune, Volume XXII, Issue 205, 13 August 1932, Page 9

SUPREME COURT

THE NAPIER SESSIONS CHARGE OF NEGLIGENT DRIVING. JURY FAILS TO AGREE The trial of Arthur John Haslam, fish-hawker, of Haumoana, who was charged with negligently driving a motor van at Napier, on June 20 last, so as to cause the death of Williain Stanislaus Smyth, was concluded in the Napiei Stftnfeme Cofirt yesterday afternoon, when the jury failed to arrive at a verdict after a retiremeiit lasting four hours. The Judge ordered a new trial to take place at the next sessions of the Supreme Court at Napier. CLAIM FOR £3560 JUDGMENT FOR PLAINTIFF . Judgment for the plaintiff was awarded by His Honour in a civil claim 'brought by William Bertie Blackburn against Joy Irene Blackburn, claiming the sum of £3500, being moneys invested on fixed deposit in the name of the defendant, who was an infant. Outlining the plaintiff’s case, counsel stated that the plaintiff purchased a ticket in a sweepstake, in Australia, in the name of his daughter, J6y Irene Blackburn. News Came 'from Hobart later that the ticket tad won £5OOO. Through his bank the plaintiff obtained a drh'ft for the sum 'ahi placed it fa the bank in the liamO Of his daughter for himself.

The plaintiff stated in evidence that he had aMays considered the money to be his own. Although taking the ticket in the name of his daughter, he intended the ticket for himself. He was occupied as a car salesman and was earning about £7 per week, and had about £2OO in the bank. He later drew sums of £3OOO, £125 and other amounts out Of the current account, placing it on fixed deposit in his daughter’s name as well as his own, but with the idea 'that the money Was his. When a new bank manager took charge ta questioned the plaintiff’s right to the mO'ney on fixed deposit. Counsel for the defendant contended that having placed the moneys on fixed deposit in his daughter’s name, tho plaintiff intended it as - a gift and it should be treated as such by law.