SUPREME COURT.

Otago Witness, Issue 3755, 2 March 1926, Page 31

SUPREME COURT.

Tuesday, February 23. (Before his Honor Mr Justice Sim.) ADJOURNED DIVORCE CASE. Albert Victor Deut petitioned for a divorce from his wife, Sadie Deni, WJliam Dow being named as co-respondent. The case was partly heard on February 18 last, and was adjourned for the purpose of proving that the parties were married. Mr C. J. L. White appeared for the petitioner. No defence had been filed. Albert Victor Dent said he was married to defendant in Dunedin by an Anglican clergyman. He was married under the name of Dent. He produced a copy of his marriage certificate. He did not know that he had done wrong in giving the name of Dent. He was previously known as Williams. When his mother married Dent he took the name of Dent. He was adopted by the Dents. His Honor: How long have you keen known by the name of Dent?—l do not know exactly. I am now 32 years of age I was sentenced to three months' imprisonment by your Honor for using a wrong name. Witness, continuing, said the registrar of marriages insisted on the parties being remarried. Mr White: The registrar actually wrote to petitioner and asked him to come to the registrar's office to be remarried. His Honor said the registrar apparently insisted on the remarriage of the parties. As petitioner had proved adub tery on the part of his wife a decree iisi would be granted, to be made absolute after three months. His Honor remarked that the marriage would require to be described in a particular. Costs would be allowed on the lower scale, disbursements and witnesses’ expenses to be fixed by the registrar. ACTION FOR DAMAGES William John Duncan claimed from the Otago Preserving Company (Ltd.) £6ll 12s Cd, damages for injuries received while in the employ of the defendant company, or £419 compensation under ‘The Workers’ Compensation Act, 1922.” Mr C. L. Calvert appeared for plaintiff, and Mr W. G. Hay for the defendant company. Mr Calvert said the case arose out of an accident which occurred on August 5 last. The plaintiff was employed at the defendant company’s preserving wor.:s at Burnside. The effect of the accident was that plaintiff suffered injuries to all the fingers of both hands. The accident happened in a power press used for stamping out lids for tins. Plaintiff was thoroughly accustomed to this particular machine, and had the previous season been in charge of it. At the time the accident happened his duties were various, and lie was working in the tallow room. That, however, did not occupy all his time, and when he was free he was instructed to report to the canister department, where the machine which caused the accident was stationed. Another young man was when operating the machine, and ilainfiff was told to watch him. It would be shown for the plaintiff that at the time of the accident the machine was out of order and dangerous—it was dangerous because it started of its own ccount. Learned counsel described the working of the machine, and said that plaintiff did not know it was put of order. The machine was not securely bolted to the floor, which was rotten. Several tkys beford the accident occurred the machine started off itt.elf, and could not be stopped until the belt was taken off, though no effort was then made to repair the trouble. There was absolutely no danger if the machine were in order, because the je which caught plaintiff's hands could not then come down. Mr Hay, in addressing the court, summarised the evidence and said that the machine was an unsafe and unsatisfactory one, and one with which no liberties could be taken. The evidence tended to show that plaintiff had inadvertently touched the pedal, and thus caused the aocident. This could not be said to be negligence on the part of the company. Mr Calvert said that the damages claimed were most reasonable considering the sweeping nature of the injuries received. He considered that the accident did happen **?, ™ e » < : ourse plaintiff’s employment, lne whole course of the evidence showed that plaintiff was acting in the interests of his employers. His Honor said it was quite incredible that plaintiff thought a plate was in the machine when he placed his hands there. »* col ll d , see a P iece of tin had not stuck Mr Calvert said that it was the em ployer s duty to warn Robson and to show him the danger of Ihe machine, and Dun can was doing this. His Honor said he considered it a very improper way to adjust the machine to put ones fingers under the die. He would reserve his decision. PRISONERS POR SENTENCE. Friday, February 26. The sitting was occupied with cases which had been transferred from Invercargill for hearing. CHARGE OF FORGERY. Albert Leslie Jenkins, who was on bai!, appeared for sentence on one charge of forgery, to which he had pleaded guilty in the lower court at Invercargill. Mr R. BT Bnnnerman (Gore), who appeared for the prisoner, said, he would, under the circumstances of the ease, ask His Honor to extend all the leniency possible. Prisoner w'as a young man only 23 years of age, and had up to the present time a clean record. He asked that the benefits of the Probation Act be extended to Jenkins, who, he understood, was a farm labourer. Mr H. Mac&lister (Crown Prosecutor, Invercargill) said he had nothing to add. His Honor said prisoner would he admitted to probation for a period of three years, the conditions being that he abstained from intoxicating liquor, that he take out prohibition orders covering the period of his probation, and that he pay the costs of the prosecution, amounting to £8 16s 8d within two calendar months. MAKING A FALSE STATEMENT. John Robert Kyle, who pleaded guilty In the lower court at Invercargill to wil-

fully making a false statement with regard to the registration of a birth, came up for sentence. His Honor said the probation officer at Invercargill had r»»conimended probation, and he thought prisoner should be given a chance. He would be imprisoned till the rising < * the court. THREE CHARGES OF FORGERY. Robert Scott pleaded guilty to three charges of forgery at Invercargill. Hsl Honor said that the Probation Ofiicre (Mr Pollock) recommended probation. Mr Gordon Reed (Invercargill) appeared for prisoner, and produced references in regard to bis previous good character. His Honor: What has he done with the cash? Mr Peed said that £9 of it was given to a friend who was hard up and was going to the North Island. His Honor said that this appeared to be the first offence which Scott had committed The Probation Officer recommended probation. Prisoner would be released on probation for a term of three years, on condition that he abstained from the use of intoxicating liquors, an l took out prohibition orders against himself covering the period of his probation. lie would also be required to make restitution of the £24, this to be paid in instalments to be fixed by the Probation Officer at Invercargill. He would in addition be ordered to pay the costs of the prosecution, amounting to £7 15s 6d, this amount to be paid withiu two months. CARNAL KNOWLEDGE. Allan Gutzewitz was brought up for sentence on a charge of carnally knowing a girl under the age of 16 years. He had pleaded guilty to this charge in the Magistrate’s Ctourt at Invercargill. Mr Gordon Rec ’ (instructed by Mr h. Russell, of Invercargill) appeared for the prisoner, and asked for probation. His Honor said it was not the practice of the court t-o grant probation in such cases. He would have to impose a term of imprisonment, and prisoner would be sentenced to 12 months’ imprisonment. EXTENSION OF A MORTGAGE. An originating summons case came before his Honor, the parties being the Perpetual Trustees Estate and Agency Company ot New Zealand (Ltd.), trustee in the estate of James Anderson Keith, late of Winton, hotelkeeper, which was termed the plaintiff, and Arthur Stanley Elworthy and Herbert El worthy, of Timaru defendants. Mr W A. Stout (Invercargill) appeared for plaintiffs, and Mr W. D. Campbell (Timaru) for defendants. Mr Stout said that two farmers named Murchison in 1916 gave a mortgage to the trustees of the Elworthy estate for £4OOO, payable in April. 1921. Early 1918 the Murchisons sold the land, subject to the mortgage, to J. A. Keith who died in November, 1918 and one Cowie was appointed executor of his will. In tebruary, 1921. the brothers Murchison were declared bankrupt. Later in that year Ccwie, executor of the Keith estate, signed a memorandum to the Elworthy trustees renewing the mortgage for five years and increasing the rate of interest. In the Perpetual Trustees and Agency Company (Ltd.) wa3 appointed the trustee of Keith s estate in place of Cowie. The question for the court to determine was whether Keith s estate was liable for the principal and interest through Cowie having signed that memorandum Counsel proceeded to mention that the estate was not liable. Mr Campbell submitted that there was an implied contract by Cowie to pay the original mortgage on a specified date as nrovided by the extensi i. He (counsel, asked the court to hold that by virtue of the signing of the extension the assignee had become personally liable. His Honor reserved his decision. WINDING UP A COMPANY. Mr H. Macalister, who appeared for Lawrence and Hansen (Ltd.), of Wellington, petitioned for the compulsory liquidation of the New Zealand Electric Appliances and Engineering Company. Mr W. A. Stout appeared for the liquidator, Mr Reid, of Invercargill. Mr Macalister said this company was formed in Invercargill in July last with small capital, and very quickly got into financial difficulties, and was now in voluntary liquidation. The necessary confirming resolutions had been passed. Tlie petitioning creditor, who had issued a writ, now asked that the company be wound up by the court. No defence had been filed. . Mr Stout said that on the face of it the petitioning creditor was entitled to the order sought. Mr Reid, the liquidator, had been appointed liquidator because of his business ability and because he was a qualified accountant. He (counsel) suggested that the clerk of the court at Invercargill (Mr W. D. Wallace, should be appointed supervising liquida tor, which would leave Mr Reid free to continue the work of winding up the company. After some further argument it was decided that the matter lie adjourned for a week to permit of certain questions being looked into. JUDGMENT GRANTED. Mr Macalister, on behalf of the Otautau .Racing Club, moved for judgment for plaintiff in a claim made by the club against Thomas Norman, for whom Mr Stout appeared. An order was made for judgment for plaintiff in terms of the arbitration award for £IBO, with £52 Is 4d costs. HAMILTON, February 26. Leonard Charles Davis, driver of a notor lorry which killed Ernest Thomas White who was one of a party on the vehicle when it was returning to Hami 1 ton from the Waipa races at Te Awanu.. on December 12, was found guilty, with a strong recommendation to mercy on account of accused’s previous excellent character and sober habits. A sen tence of six months' imprisonment ras imposed. February 23. At the opening of the Supremo Court to-day, Mr Justice Stringer commented on the absence of oases involving dishonesty, but said that unfortunately there were several sexual asee. The most unusual case was that in which a young man named Roy Charles Dorn was charged with attempted murder. His Honor said that if true, as it was alleged, Dorn gave the girl poison that she might do way with herself as he no longer loved her, it was a most mean and contemptible thing to do. True bills were returned in all oases.

The trial of Rosa May C&ttenach on a> charge of driving a service car near Rotorua in n negligent manner and causiug the death of two Maoris is proceeding. It was alleged that accused overcrowded her car, and. in looking around to see if a youth on the running board was all right, her attention was t~ken off the road, the cor falling over a hank. February 24.* A young man named Frederick 11. Orange, alias Jack Wilson, pleaded gulity to unlaw* ful knowledge of a girl aged 13 years at Ngahinepourl. The accused was sen* fenced to six months’ imprisonment, to run concurrent with six months ho is already serving for arrears in wife main'* tenance The jury returned a verdict of not guilty against Rosa May Cattanach for the allege! negligent driving of a service car on the ltotorun-Te Puke road when two Maoris were, killed. A rider was added by the jury to the effect that licenses should not be granted to women to drive service cars. February 25. A young man, Alan Lind Cruiokshank Bruce, was found guilty on a charge of indecent assault on a little girl at Morrinsville, and was sentenced to six months’ reformative detention. The fatal accident which occurred on the Te Awamutu-Ohaupo road on the evening of December 12, when a motor lorry, whioh was returning to Hamilton from the Te Awamutu races, upset, killing Ernest Thomas White, one of the occupants, and breaking both legs of another occupant named Cook, had its sequel when Leonard Charles Davis was charged that, being in a state of intoxication whilst in charge of a motor lorry, he caused the death of White. There is a large number of witnesses, and the trial is likely to last two days. NAPIER, February 23. The Supreme Court sittings were opened this morning before his Honor Mr Justice Skerrett (Chief Justice). Addressing the grand jury, his Honor congratulated the district on the freedom from crime, especially intentional crime. Referring to tho Opapa train fatality, he said that the law was quite plain on the point. The public was entitled to expect care, prudence, and precaution that a skilled engine driver might be expected ordinarily to have. An engine driver was expected to act up to a certain standard, and if it fell below that standard and persons were killed as a result, the driver was guilty of manslaughter. February 24. Frederick Lavin, the driver of the express train which jumped the rails at To Aute hill on September 22, as the result of which three passengers died, pleaded not guilty in the Supreme Court to a chargo of manslaughter. The evidence to be offered is similar to that given at tho lower court, but new expert opinion may be offered. Evidence will be called for the defence. The case is expected to last all week. NEW PLYMOUTH, February 24. At the Supreme Court this morning plaintiff in the breach of promise case, Walden v. Hastie, accepted a non-suit. Defendant’s application for costs was refused. NAPIER, February 26. Evidence in the case in which Frederick Lavin, driver of the Wellington-Napler express on the occasion of the disaster ia September last, was charged with manslaughter. Witnesses for the defence declared that there was no sign of liquor on accused before or after the smash, and also deposed that the train was not travelling at an excessive speed. The hearing will probably be concluded to-morrow. WELLINGTON, February 26. In the Supreme Court, Margruette Griffin Fisher, who was found guilty of theft, was admitted to probation for two years. William Thomas Mouat, on charges of theft, was sentenced to three months’ imprisonment on one charge, and on the others was ordered to come up for sentence if called upon. Walter Honey, also for theft, received six months’ imprisonment. NELSON, February 24. The jury failed to agree concerning three charges of indecent exposure preferred against Edward Scott, and a new trial was ordered, bail being granted in self £SO and two sureties of £SO each.