SUPREME COURT

Otago Witness, Issue 3430, 9 December 1919, Page 22

SUPREME COURT

Thtjbsdat, December 4. (Before his Honor Mr Justice Sim.) PEISONEE FOB SENTENCE. \ Oswald Mark Strong who had pleaded guilty in the lower court to a theft of cattle at Brighton, was brought up for sentence. Mr W. L. Moore appeared tor the prisoner. He said that the man was the lessee of a small farm at Brighton. He J»ad to buy stock, and finally required monetary assistance; Eventually he bad to. find £75. It appeared that when returning home one day the prisoner met the cattle wandering on the read, and he was suddenly tempted to take them and raise the £75. He had since made restitution by paying damages sustained by the owner of the cattle, and also the cost of the .freight. The cattle had been railed to Riverton, and the owner had charged the prisoner with the difference between the prico they realised and the amrunt they would have brought at Burnside. He had paid £l2 and all expenses. Prisoner was a married man with a family, and had been in gaol for the past three weeks. The Crown Prosecutor (Mr W. C. MacGregor, K.C.) said it was a fact that restitution had been made. His Honor said that the owner lisxl stated that his fences were bad, and that the cattle had probably strayed. Prisoner would be released on probation for a term "of two years on condition that he was of good behaviour and oaid the cost of the prosecution (£3 6s 9d). IN DIVORCE. HOBBS V. HOBBS. Eunice Hobbs v. Richard James Hobbs, petition for divorce on the ground of de.eertion. Mr A. C. Hanlon, for the petitioner, -said that the parties were married on August 19, 1909, and there were two children of the marriage. - In September, 1911. they went to Christchurch. They boarded there for about two weeks and then the respondent (a mechanical engineer) left for Sydney, saying that he had to go there on business. He gave the petitioner sufficient money to keep her for the time he said he would bo away —seven weeks. He wrote her four letters and then ceased writing. She wrote him several letters, but they were all returned unclaimed. She consulted the police and a warrant was issued for the respondent's arrest. He was traced to Melbourne and the petitioner was asked to guarantee £3O for his extradition. Petitioner could not do this, and Bhe had never heard of him since. His Honor granted a decree nisi, with leave to make it absolute at the end of three months, petitioner to have the custody of the children, and respondent to pay costs on the lowest scale. BCOTT V. SCOTT. _ Mary Agnes Scott v. Robert Scott; petition for restitution of conjugal rights and alimony. Mr Hanlon appenrcd for tine petitioner. Mr S. Solomon, K.C, for the respondentMr Hanlon said that the respondent filed an answer to the petition, but had now withdrawn it.

Mr Solomon said that he had been instructed to take up the game position as was taken up in the case of Shacklock v. Shaddock, which was recently before the court. He would withdraw the defence. His Honor: We did not hear any evidence in that case Mr Solomon said he had no doubt an agreement would be come to as to the amount of alimony to be paid. The question of the amount could stand over until the next Chambers day. His Honor said that the case Shacklock v. Shacklock was referred to Chambers, and there was no reason why this case should not be dealt with in the same way. It would not be necessary to announce a decree at present. He would adjourn the further hearing of the petition into Chambers. COOMBE9 - V. COOMBES. Ethel Amelia Coombes v. Frank Coombes; petition for divorce on the ground of desertion. Mr Hanlon, for the petitioner, said that the parties were married in 1907, and there were no children of the marriage. They lived at Mataura for about six years, and then shifted to Tuatapere, where the respondent kept a livery stable. Ho was very much addicted to drink, and had to get out of business. He threatened violence to his wife and finally ordered her out of the house. He went to the war and returned in 1917. He had never given his wife any money, but after he joined up with the forces she received a separation allowance for about 18 months.^ His Honor granted a decree nisi with leave to make it absolute at the end of three months, the respondent to pay costs on tho lowest scale. IN BANCO. Margaret Porter v. Robert Robertson Stewart and others.—An originating summons under the Family Protection Actr Mr 11. R. Grigor appeared for the plaintiff, and Messrs A. S. Adams, E. J. Smith, and R. Stewart for the trustees and defendants. Mr Grigor said the summons nad. been issued under the Family Protection Act, ISOB, and was brought to decide whether adequate provision had been made in the will of the husband for the widowed plaintiff. The widow was left no capital—only a life interest in the estate. Sho received tho whole of the annual* income. None of the children were dependent on the estate —all had homes of their own. The plaintiff was 75 years of age, and unable to work by reason of ill-health. Tho plaintiff lived on the property rent free. The income came to about £3O per annum. In answer to his Honor, counsel for the plaintiff said -that sho had £3OO in the bank, also a quartc-r-acro section —part of the home, but it was in her name—and a motor car. Tho car was a fairly old one. His Honor asked why the plaintiff should not uso up her £3OO before anything was done. Later he suggested that £2OO of the £3OO could be paid into the estate, the plaintiff could give up tho motor car, and then she could get an order to onable her to maintain herself properly for the rest of her life. Mr Adams suggested that the summons should stand down until Mr Grigor could

satisfy the court at a later stage that the plaintiff had not sufficient means -of her own. The defendants were not there to contest a fair and reasonable provision. I His Honor said he thought that- Mr J Grigor had bettor reconsider the matter. j His client had approached it from a wrong standpoint altogether, and she had better I first come to some agreement about the house and her own assets. He would adjourn the matter into Chambers, and if an j order was agreed on then it could be made. CIVIL SITTINGS. Friday, December 5. (Before His Honor Mr Justice Sim. ) DUNCAN V. DUNCAN. This was an action for the possession of a small property in the township of Waikouaiti. The owner died intestate many years ago, leaving his eldest son entitled to the property. The son allowed the mother to occupy the place up to the time of her j death without payment of rent. She made | a will in favour of the younger son, who ; now claimed that owing to the mother having been left in occupation of the property without payment of rent, the Statute of I Limitations had run against the eldest son, whose claim was now barred. Mr F. B. Adams appeared for the plaintiff, James Duncan; Mr J. A. Cook for the | defendant, Annie Duncan, wife of Peter j Duncan (deceased), the eldest son. The evidence of both sides consisted ' largely of family matters, after which his Honor said he would take time to consider . the matter. OTHER CENTRES. - NAPIER, November 25. George Sherwood, found guilty of stealing two magnetos while in the employ of a motor firm, was sentenced to two years' imprisonment, with hard labour. November 24. In his charg3 To the grand jury, his Honor Mr Justice Chapman said there was quite a moderate number of cases for investigation, and they were of an ordinary and simple kind. He was very sorry there were some sexual cases, which indicated a ■ considerable state of depravity in some of i the districts of the province. His Honor : hoped it was not as widespread as one j might bo led to suspect. Other cases were ! quite ordinary. i W. G. Perfect, aged 14 years, pleaded 1 guilty to indecent assault on a female nine j years of age, and sentence was deferred. Pepe Marcnga pleaded gujlty to stealing a motor bicycle, valued at £lO, and was admitted to probation. Giov.mui Barjiacchi pleaded guilty to forging a receipt, and was ordered to come up for sentence when called upon. James Aikman pleaded guilty to assaulting his father, and was admitted to probation for 10 months and ordered to pay £ls, costs of the prosecution. Richard Pool, found guilty of two charges of indecent assault against two female children at Waipukurau, was sentenced to fivo j years' imprisonment. ! j November 26. Win. George Perfect was found guilty of indecent assault on a child of nine years of age, and was ordered to come up for

sentence when called on. Wi Paul, on a charge of forgery, was similarly treated.

WANCMNUI November 25. In the Supreme Court to-day Vincent Norman Randolf, a returned soldier, of Utiku, was granted a decree nisi against Ellen Randolf. The co-respondent—Joseph Arthur Casey, farmer, of Ohutu—was ordered to pay £IOOO damages, which was the sum claimed. The jury recommended that the major portion of the costs be allocated between the woman and her unborn child. The evidence showed that the corespondent—a married man with a young family—admitted intimacy with the woman while- her husband was at the war. WELLINGTON, November 25. In the Suoreme Court, sitting in Banco, to-day, the Chief Justice heard the case of the United Farmers' Co-operative Association, Ltd. (in liquidation), v. David Joseph Nathan, merchant, Wellington. Tho defendant was called upon to answer why an order should not be made in terms of the summons issued on November 1, 1917, or in the alternative why he should not be ordered to account to the liquidator of tfio United Farmers' Co-operative Association for the sum of £BSO, being the balance of the sum of £2009 agreed to be paid by him to the said liquidator by an agreement dated December 5, 1917. "It was alleged that, whilst he was a director and agent of the United Farmers' Co-operative Association. Mr D. J. Nathan made a provisional sale .of the assets of the United Farmers' Co-operative Association to tho Wairarapa Farmers' Association at an undervalue, and induced shareholders of the United Farmers' Co-operative- Association to accept same without disclosing to them that ho had secured for himself certain benefits. After hearing argument, his Honor reserved his decision. BLENHEIM, November 25. In the Supreme Court Charles Albert Sasse, licensee of the Wairau Valley Hotel, was charged with the manslaughter of George O'Leary, a flaxmill hand, at Hillersden, on October 11, in the hotel. He was found not guilty. INVERCARGILL, .November 25. The Supreme Court session opened be-fore Mr Justice Sim to-day. The calendar was light. Thomas Finnerty pleaded guilty to breaking and entering. He was admitted to probation for three years. George Scopes pleaded guilty to seven charges of false pretences and to forging and uttering. He was sentenced to one year for obtaining money by fraud, and to two years, concur- j rently, on each of the other charges, and j was also declared an habitual criminal. November 26. At the Supremo Court William Edward Wilson was charged with breaking and entering a dwelling with intent to commit a crime. Evidence disclosed that Wilson was in a bedroom, and wakened the inmates, who spoko to him. He appeared to be drunk, and went away. Subsequently one j of the inmatorf found that money had been j taken from his trousers pocket. A receipt belonging to the victim was found in Wilson's possession. The jury returned a verdict of not guilty of intent, but added a verdict of guilty of theft. Mr Justice Sim amended ihe indictment, and sentenced Wilson to two years' imprisonment.