SUPREME COURT.

Manawatu Standard, Volume XLIII, Issue 397, 11 August 1921, Page 5

SUPREME COURT.

PRISONERS. SENTENCED,

At the ’ Supreme Court this morning, before His Honour Mr Justice Hosking, prisoners who had been found guilty ot charges preferred-, against, them ■ wore soptencod. FEILDING BURGLARY. Robert ; Gilmour 'Alton and Edward Donovan, for breaking and entering and theft committed at Fcilding, were sentenced to four years’ imprisonment, i the sentence to run concurrently with their existing one ot 15 years’ reformative treatment received tor burglary with violence at Wanganui. In imposing sentence, Ilis Honour said that, the fact that pi isoners were already under this sentence of 15 years put technical dilhculties in the way of adding to it, bub he would impose the sentence as stated. An order for the return of the stolen property' To the owners, Messrs Bramvvoll Bros, Ltd., was made. STOLEN COAT RECEIVED. James Nash (Manga W.eka), who yesterday was found guilty of receiving an overcoat, knowing it to have been stolen, asked lor consideration on account of the tact that ho was already serving a sentence of three months’ hard labour for (he theft of an overcoat which ho alleged another poison had stolon. ', , ' t . His Honour remarked that the past career of the prisoner was not satisfactory and ho appeared (o' bo getting worse, owing to his drinking habits. His Honour pointed out that prisoner had been prohibited before going to the war, and on coming back had served 14 days imprisonment for wilful damage. Ho h fl( l byon drunk when the coats were recently stolen, and it seemed that he should bo given a chance to keep away from drink. J nsoncr would, therefore, he sentenced to U months’ reformative treatment, tho term to be concurrent with bis present sentence, and the Prisons Board could later revise his sentence as it thought fit. 11 is Honour made an order (or the return of the stolen overcoat to its owner, but no order granted indemnifying the seconddiaJXU dealer who had purchased tho article.

CIVIL SITTINGS COMMENCE.

CLAIM FOR DAMAGES

The civil business of the session was then commenced, tho first caso heard being one in which John Oliver, for whom Mr Cooper appeared, proceeded against James Northcote (Mr Ongley) on a. claim for iwia / s on damages for injuries received owing to the alleged negligence of the defendant in driving a car. The defendant counterclaimed for £B9 damages for injury a egeci to bo caused to his car through alleged negligence on the part of plaintiff. The case was heard before a jury comprising' Messrs J. B. Grant (foreman), L. Giorgi, S. Smith, T. Baldwin, F. M. E. Andrews, A. T. Mitchell, J. Williams, G. Hammond, L. V. Dahl, J. P. Peterson, E. Palmer and T. Radomski. In outlining the claim, counsel lor plaintiff stated that the latter, white proceeding from Feilding to Palmerston North m Ins car, was crashed into by defendants car on turniiif the corner by the Awahuia Hotel. Plaintiff, it was stated, was riding a mo’tor-cvcte carefully on his right side of the roa‘d. but, defendant, it was alleged, was driving carelessly and on his .wrong side. On behalf of the plaintiff it was slated that ho had suffered severe injury by which lie was still incapacitated. Counsel for the defendant claimed that his client had taken the only course, allowed him, and that the accident, was unavoidable owing to the manner in which the plaintiff had driven round the corner. After counsel had put their respective sides of tho caso to the Court an adjournment was made for the jury to inspect the scene of the accident. In the statement of plaintiff the following amounts were claimed: —Repairs to motor-cycle £25, medical fees £l6l, loss of wages over five months at £5 per week £IOB 6s Bd, wages paid to substitute over same period at £6 per week £l3O, general damages £SOO, and on the Court resuming Mr Cooper said that, as the firm m which his client had been a partner had only been put to the expense of £1 per week in the difference between the wages of plaintiff and too substitute' employee, it was desired to amend the claim accordf’iaintiff gave evidencethate#! the time of the accident, 'on November'4, 1920, he was partner in a firm conducting a motor garage, and as a result of incapacity caused by his injury he was now occupied in farming. While riding a motor-cjcle from Bulls he observed defendants motorcar approaching on its wrong' side of the road, and slowed up, but was struck by the car on the corner of tho road on which the Awahuri Hotel stands and received injuries, including a broken teg, and was rendered unconscious. As a consequence of his injuries one of his legs was permanently shortened, and he was unable to continue his work in the garage.In reply to Mr Ongley, witness said the speed at which ho was travelling was about pq miles per hour and would not exceed 24 miles. Tho road was fairly .good but at the junction of the Feilding-Bulls roads there was much loose metal, from where he first saw the ear to the scene of the accident was about three chains distance, and on seeing the car approaching lie had slowed down until reaching the'Awahuri Hotel corner, where, thinking he could safely pass the car, he. increased his speed, when the car swerved and the collision occurred. Witness was further crossexamined at length. as to statements ho made after the accident and the Court then rose for tho luncheon adjournment.