SUPREME COURT

Nelson Evening Mail, Volume XLVIII, Issue XLVIII, 28 May 1913, Page 6

SUPREME COURT

(Before His Honor Sir Robert Stout, G.J.) WEDNESDAY. MAY 23th, 1913. Elijah Bunii brought an action against Josephine Alma Oiga Terrill, claiming for recession of contract for sale of seven acres of land at Murchison ; also damages and an injunction, or claim for £6OO, contract price of land. Mr A. T. Maginnity appeared for plaintiff, and intimated to his Honor that he understood there would be no appearance of defendant. Mr E. B. Moore, said he had been instructed by Mr Dalziel of Wellington, not to offer any objection. His Honor ordered that the contract for the sale of the land be rescinded ; that the land bo re-conveyed to the plaintiff; that the defendant be prevented from further dealing with the property: that if the land has been mortgaged the amount of mortgage to be ascertained, and defendant- to find the sum necersary to redeem the mortgage; that defendant be ordered to pay all costs in connection with the proceedings, including all interlocutory costs; such costs be ascertained by the Registrar.

IN DIVORCE. William Henry Johnstone, of Takaka, saddler, applied"for a dissolution of his marriage with Charlotte Elizabeth Johnstone on the grounds of misconduct John Wilson, of Takaka, labourer, was named as co-respondent. Mr Houlker appeared for the petitioner, and Mr Hayes for the respondent and the co-espondent. Mr Hayes raised an objection that an order "was made on the Ist May to find security t for the respondent's costs, and these *had only been paid this morning. His Honor over-ruled the objection. Mr Houlker briefly outlined the case, and called . . Wm. Henry Johnstone, the petitioner, who said he was married on Januaiy 25, ISBB, and four children were born as the outcome of the union. They lived in Takaka for about two years, after which he built a house on his wife's property at Motupipi, where they lived together for about 18 years. About five vears ago he objected to bis wife s relations with a married man, and his wife replied that she would please herself about that. Witness replied thai, he would give his wife a month to consider it, and as a result he left his wife when the month had expired. He had never co-habited with her since. His wife then went to live with the married man witness had objected to, and who was. now dead. : Afterwards hn wife went to the Telegraph Hotel, Takaka, as cook, the co-respondent W*Json then being a waiter at that hotel. Some time afterwards Wilson went to Wellington, and his wife went as cook at a boarding house at Tarakohe. She afterwards went to Wellington, and latex the two came back to Motupipi together, where they had been living ever «dnce Witness had been unable to bring proceedings before because he could not obtain the evidence, and had not the necessary money. To Mr Haves: It was after a maintenance order was made against him that his wife went to the Telegraph Hotel. He found that Wilson first began to have relations with hie wife about February last. -n-. Evidence was also given by Hugh W uson Hutchison, engineer, employed at Tarakohe cement works, who slept at respondent's boarding house on 23rd and 24th March; and Horace Haase, express driver, of Takaka. fomerly employed as barman at the Telegraph Hotel in 190910, at the time when the respondent and co-respondent, were employed there, also gave evidence This was all the evidence called by Mr Houlker. Mr Hayes called no witnesses, but submitted that the evidence was not sufficient to prove misconduct. His Honor said that in a letter written to Mr Maginnity the respondent had admitted misconduct. A decree nisi was granted, to be made absolute in three months. - His Honor allowed costs on the lowrt scale to the respondent, &IS. and disbursements, to be paid by the petitioner's solicitor; and ordered the co-respon-dent's solicitor to re-pay these costs to the. petitioner's solicitor.

IX BANKRUPTCY. An application for discbarge . from bankruptcy was made by John Page Smallbone. Mr. Houlker, who appeared for the applicant, informed his Honour that the Deputy-Official Assignee had no objection 'to the application. The discharge was granted. Herbert John Hingston made a similar application, Mr. Rout appearing for the applicant. The discharge was granted. Wm. Horace Green also applied for his discharge, and was represented by Mr. Houlker.

Mr. Hayes opposed the application on behalf of" two creditors. Hy. Baigen:. timber merchant, and The Wilkms and Field Hardware Company. The application was before ia* Itst sitting of the Court, and adioutiu-d to iho present sitting. Green was a oartner in the firm cf Green and Stent, builders, of Takaka. Stent obtained his discharge, but that of Green was cpposed. Mr Hayes raised an objection that the application should have been advertised, and that the Deputy Official Assignee and the creditors should have been notified two weeks before.

His Honor said if the application had been adjourned it showed that the service had been properly made. Mr Hayes said he had not agreed to the adjournment. It was explained by Mr Hayes that the estate of Green and Stent was indebted to Henry Baigent and the Wilkins and Field Hardware Company to the extent of £4O and £7O rcsoectively ; and Green to the extent of £2O and £45 respectively. He wished to examine Green.

Mr Houlker said Green was not present. His Honor said it was Green's duty to be in Court. The application was then adjourned till Friday at 9.30, to enable Green to attend from Takaka.

A CASE ADJOURNED. Mr E. B. Mocre intimated that the case Noel Percv Adams and Percy Bolland Adams "(Mr C. J. Harley) v. Malcolm Pratt Webster and Thomas Neale, the executors of the will of Hemi Matenga, deceased (Mr E. B. Moore), claim for possession of certain property —l4 acres of land ; also for £24 for use and occupation of the said land, would not be gone on with, and it was accordingly adjourned.

WELLINGTON DIVORCE CASES.

WELLINGTON. This Day.

Decrees nisi were in the following divorce cases heard to-day:— Hilda Violet Dickson v. William Dickson, drunkenness and failure to maintarn ; Alewharau Errwine v. Akahata Erewine,. misconduct ; Sarah Maria. White v. John WHitc, desertion.

INVEECARGILL SITTINGS. (United Phess Association.) INVERCAUGILL, May 27. At the Supreme Court James Lee was found guilty of assault on a married woman with intent to commit rape. Sentence was deferred till next day. The trial of Kenneth McLeod, charged with carnal knowledge, is proceeding. A FLOGGING ORDERED. INVERCARGILL, This Day. James Dee, aged 23, was found guilty of assault with intent. Sir Joshua Williams said that he was very reluctant to order a flogging; but where violence had been used it was the intention of the Legislature that flogging should be inflicted. Prisoner was sentenced to five years' hard labour, and twelve strokes of the cat. Kenneth McLeod, charged with having carnal knowledge of a girl under 16, was acquitted. His Honor, in summing up, referred to the girl's bad moral character, which had some bearing on the question of credibility. A similar charge is now proceeding against Victor William Douglas Brown, in which the same girl is concerned.