SUPREME COURT

Otago Witness, Issue 3415, 29 August 1919, Page 26

SUPREME COURT

IN DIVORCE. His Honor Mr Justice Sim sat in the Supreme Court on the 22nd inst. HUGHES V. HUGHES AND AITCHESON. ' Charles John Hughes petitioned ior a dissolution . of his marriage with Hannah E. Hughes on £he ground of misconduct, John Aitcneson being joined as co-respondent. Mr Hanlon, who appeared for petitioner, stated that a defence had been tiled by respondent and co-respondent, and the case was to have been tried by a jury. The de : fence .had, however, been withdrawn, and it had now been agreed that the case should be heard by the judge alone. The parties were married in 1907 and lived in Dunedin for two years. They then removed to Invercargill, but later returned to Dunedin. They afterwards went back to Invercargill, where they separated. Petitioner went into camp in September, 1916, and while he was away his wife wrote to him and asked him to make it up. He lived with her when he came came to Dunedin and left with the •Twenty-first Reinforcements'. He was a prisoner of war in Germany until the signing of the armistice, and when he returned to New Zealand he found that his wife's allowance had been stopped by the Defence Department on account of her misconduct. When the petitioner told respondent he was going to petition for a divorce she told him ■he could do so, but asked him to leave Aitcheson out of it. His Honor granted a decree nisi, to be made absolute in three months. MOODY V. MOODY. The petitioner was Mary Jane Moody and the respondent was Benjamin William Jas. Moody.—Motion to make a decree nisi absolute. Mr Irwin appeared for petitioner and Mr Hanlon for respondent, the latter saying he did not object to an order. His Honor asked what about alimony. Mr Irwin replied that a draft order had been put in to which both parties agreed. His Honor .made the decree absolute, petitioner to have the permanent custody of the children (respondent consenting).—Order for alimony in terms of draft. IN BANCO. WEIR V. THE NEW ZEALAND COAL AND OIL COMPANY. The claim for £2500 made/by Catherine Weir against the New Zealand Coal and Oil Company in connection with, the death of her husband, heard last week, in which the jury awarded plaintiff £ISOO damages, came before his Honor again in the form of a motion by defendants for judgment on the ground that deceased, according to the findings of the jury, had committed a. breach of his legal duty in riding on the haulage rope and thus contributing directly to the injury ho received. In these circumstances plaintiff could not, as a matter of law, recover. There . was also an alternative motion for a new trial on the ground that the findings of the jury were against the weight of evidence. , Mr John MacGregor and Mr W. G. Hay appeared in support of the motion, and Mr W. C. MacGregor, K.C., and Mr ,A. C. Hanlon to oppose. After hearing counsel his Honor «reserved decision. OTEKAIKE DRAINAGE BOARD ' V. M'KAY. --This was an appeal from the decision of Mi- J. R. Barthokmiew, S.M., in a case heard at Oamaru, in which judgment had been given in favour of defendant, John M'Kay, the amount involved being 12s. The point appeared to turn the question whether "owners or occupiers*' were responsible for the cleansing of water races on properties owned or occupied by them. Mr E. P. Lee appeared for the appellants (the Drainage Board) and Mr Alex. A. Adams for respondent. Mr Lee said" the amount in dispute was a very small one, and the facts were all in favour of the plaintiff board. It would have been an easy matter to amend the by-law and adopt the" judgment of the magistrate, but for the fact that that would have been taking away tho rights and "powers the board desired to have under the by-law before his Honor. Counsel proceeded to quote cascjj. Mr Adams having traversed the legal aspect at some length, his Honor reserved his decision.

OTHER CENTRES. - AUCKLAND, August 19. Four charges of having obtained credit to the extent of nearly £SO by fraud from Aucklard :ruit and produce merchants were preferred against James H. Johnson, alias William R. Hill, alias John Hore, aged 62 years, in the Supremo Court to-day. The accused, who was found guilty, conducted operations from New Plymouth, and, in sentencing him to 18 months' imprisonment, Mr Justice Chapman said the long and the short of it was that the accused was an accomplished swindler, and there was no doubt that his appearance was one of his assets in carrying on the practices complained of. August 21. In the Supreme Court to-c>ay John Brown, who was convicted on four charges of false pretsnees by the issue of valueless cheques, came up for sentence. A communication from the Naval Pay Office corroborated the accused's story that he was in the naval service out of New Zealand, and had some pay to his credit. The accused was sentenced to three months' hard labour, followed by three years' detention for reformatory purposes.' Luke M'Gann and his _ wife were awarded £4-70 damages against A. B. Donald (Ltd.), for injuries caused by the plaintiffs being knocked down by defendants' motor lorry. NEW PLYMOUTH, August 19. In the Sapreme Court, before Mr Justice Hosking, Percy Lewis Ward, who pleaded guiltv to several charges of theft, was admitted to probation for two years. John Adams was acquitted on charges of attempted rape, etc. Frederick Thomas Ellis was found not guilty on one charge of obtaining credit by false pretences. He was remanded til' to-morrow for sentence on simi'ar charges to which hg pleaded guilty. Huikai Thompson appeared for sentence for a breach of a probation order made on May 12, since when he had been convicted and sentenced to seven days' imprisonment for theft. The judge cancelled the previous order, and released the accused again for a term of three years, with additional conditions that his place of residence and his employment must bo approved by the probation officer. In divorce, Alice Maude Henderson, of New Plymouth, was granted a decree nisi against William Henderson, labourer, of Kaharihe, on tb»wgrounds of desertion and adultery. NEW PLYMOUTH, August 20.

In the Supreme Court t'o-day, before Mr Justice Hosking, Frederick Thomas Ellis was sentenced to three years' reformative treatment for false pretences. In divorce, Agnes M'Ewan was granted a decree nisi against Henry Thomas M'Ewan, labourer, of. Balmerston North, on the grounds of drunkenness and habitual cruelty. The remainder of the day was occupied in the hearing of a. claim by , Who. Richard Home, carpenter, of New Plymouth, against Wm. Stubbs, labourer, for the execution of the transfer of a section of land as part payment for the purchase of a half share in the auxiliary Norseman, which was wrecked before the transfer was completed, or in lieu thereof £IOO damages. The defendant counter-claimed £150; alleging fraudulent misrepresentation. August 21. In the Supreme Court to-day, before Mr Justice Hosking, Edith Sharrock was granted a divorce from Herbert J. Sharrock, farmer, of Tariki, on the ground_ of adultery. Ernest Brocklebank, William Brocklebank (Stratford), John H. M'Namara (Dannevirke), and Harold J. Smith (Urenui) were granted discharges from bankruptcy. Thomas K. Skinner obtained judgment for £SO against the Phoenix Oil Company for half a year's royalty under the terms of the lease of a section for oil-boring purposes. Decision was reserved in the case of Home v. Stubbs, a claim Tor the execution of a transfer or £IOO damages. NAPIER, August 25. In the Supreme Court, James Scheele, late secretary "of the Hospital Board, was sentenced to three years' reformative treatment for the theft of about £I4OO from the board. He had pleaded guilty, and had given th e police and auditors every assistance. A 'case. of alleged theft of union moneys against James C/Murphy, alias Sullivan, the local representative of the Seamen's Union, was commenced, and was adjourned till to-morrow. August 26. James Corbett Murphy, alias Sullivan, came before tho Supreme Court on a charge of the theft of moneys totalling £43 4s, 'the property of th e Federated Seamen's Union. The jury returned a verdict of guilty, with a strong recommendation to mercy on account of the laxity of the management of the Seamen's Union in dealing with its Napier agent. His Honor ■ said he would consider the recommendation. • NAPIER, August 27. < In .the Supreme Court James Donghi, for theft from a dwelling at Waipawa, was sentenced to three years' reformative treatment. James Corbett Murphy, alias Sullivan, was sentenced to four months' hard labour for misappropriating the funds of the Seamen's Union. Sir Robert Stout said the accused had been straightforward in the matter, and added that he did not know what was going to happen to the country if this extravagance went on. Murphy had been in receipt at times of as much as £5 p-er week, and had saved no-, thing out of this after providing for his wife and four children. The extravagance since the war was a disgrace to the community. Richard Dann was found not guilty of causing actual bodily harm to a child which was struck by a motor car driven by the accused. After the verdict Sir Robert Stout remarked to the Crown Prosecutor: " I suppose you had better not bring any more cases for negligence in Napier." CHRISTCHURCH, Aguust 20. In the Supreme Court, before Mr Justice Hcrdman. Henry Cook, a land agent, claimed moneys alleged to be duo under a proicissory note, also commission on the sate of two properties to tho defendant, Frank Meyer, a sheep fanner atKekerangu. Nelson. The jury found for the plaintiff for the full amount claimed, £1350 12s 6d. August 25. In tho Supreme Court to-day William Spriggins appeared for sentence on charges of breaking and entering and theft. He was sentenced to two years' imprisonment. INVERCARGILL, August 26. In the Supreme Court there was only one criminal case. Thomas Andrew Hannah appeared for sentence on three charges of arson at Wallacetown. He was ordered to be detained for 10 years for reformative treatment. William James Perry, formerly an hotelkeeper in Christchurch, obtained a decree nisi in divorce against Myra Perry, on the

ground of adultery, and he was awarded £125 damages against the co-respondent (Daniel Harland, jun., baker, of Gore).