SUPREME COURT.

Otago Witness, Issue 3899, 4 December 1928, Page 66

SUPREME COURT.

Wednesday, November 28. (Before His Honor Mr Justice MacGregor.) ORIGINATING SUMMONS. Mr B. S. Irwin, as executor of the will of the late Robert Adamson, car pentey, Dunedin, applied for authority to expend a certain amount of money in making improvements to the property of the deceased. Mr A. C. Hanlon represented the life tenant of the property (Matilda Hall), Mr C. J. L. White the adult son (Robert W. Hall), and Mr J. M. Paterson the four infant children. The family are the beneficiaries under the will. Mr Irwin said that the estate was valued at £1330. His Honor made an order granting the application. “ FAMILY PROTECTION ACT. Mary Veronica O’Connell (Mr J. M. Paterson) applied for an increased payment from the estate of her husband under the Family Protection Act. Mr G. M. Lloyd appeared for the trustees (the Perpetual Trustees and Agency Company), Mr A. C. Stephens for ElizaO’Connell and John O’Connell, and Mr R- R. Aspinall for Robert John and Daniel Barry O’Connell. Mr Patereon said that the deceased was a retired dairyman who had a property at Gordon road, North Taieri. This property was occupied by his widow. The husband had died at Gordon road in August of this year, leaving his children (xtobert and Daniel) by his first wife and two children (Elizabeth and John) by the plaintiff. The youngest children were two and a-half years and five months of age. The estate was of a gross value of £11,174. Under the will his eldest son Robert was left a farm at Lookout Point valued at £4OOO, and the second son Daniel £3OOO, free of duties. The £3OOO was to be invested and to be paid over on Daniel reaching a certain age. The plaintiff was left the furniture in the house on the property at Gordon road, the use of the house so long as she remained a widow, and the income from the residue of the estate, which came to £l2OO. Approximately she would receive £72 per annum from this sum. The value of the property and money left the plaintiff represented’ an income of about £2 10s per week. The plaintiff was 32 years of ilfce, and her two young children were not strong. Counsel suggested that the widow should receive in all about £7 per week to enable her to live comfortably and bring- up her children. He said he would like to point out that the husband had apparently considered that he was

worth about £13,000, and that there would therefore be ample provision for his wife and his second family. The provision, however, as it turned out, was grossly inadequate. Mr Lloyd said the trustees considered that the widow had not been sufficientlyprovided for. Mr Stephens suggested that separate provision should be made for the twj children. He thought the court might fix this at 30s per week. Mr Aspinall said his clients also admitted that the widow had not been sufficiently provided for under the circumstances, and were quite agreeable to an increased payment. He would like to point out, however, that the two old-r sons—the elder one particularly—had worked hard on the farm for their father. Counsel dealt with the question of how the money could be raised, and said his clients would oppose a lump sum being given to the widow. Money could probably be raised on mortgage. He considered that £7 per week was too much. After discussion on how the money could be obtained most conveniently from the estate of the two elder sons, his Honor made an order for a payment of £3 10s per week. A further order of the court could be asked for later if it was desired. Counsel to submit a draft orde r to the court.

HAMILTON SITTINGS. HAMILTON, November 27. In the Supreme Court before Mr Justice Blair, Frederick William Cornford Goucher pleaded guilty to five Younts of indecent assault, and was remanded for sentence till Friday. 1 HAMILTON, November 30. Frederick William Goucher, aged 29, a gardener, was ordered by Mr Justice Blair in the Supreme Court to-day to be detained for three years for reformative treatment on charges of indecent assault (five counts). Counsel said that Goucher was unable to control his passions. He was willing to undergo an operation or any other treatment. Dr Hockin said an operation would be useless. Hard work among healthy-minded men might assist him. His Honor, in passing sentence, said he regarded Goucher as a sick man. WANGANUI SESSIONS. WANGANUI, November 27. The Supreme Court sessions were opened to-day, Mr Justice Smith presiding. His Honor congratulated the district on the light list, there being only two criminal cases. The whole day was spent in hearing a charge of alleged perjury against Percy William Phillips, who was found not guilty. Novemlw..- 28. An extraordinary story of the financial transactions of George Robert Hinch with Ronald Hendrick Nitschke was related before Mr Justice Smith at the Supreme Court. Hinch was indicted on 13 charges of having obtained various sums by means of false pre'-ences and theft, and of committing forgery and uttering. The sum of about £2lOO was involved. Nischke gave lengthy evidence, stating that Hinch's story of hardship was very touching, and he had befriended him. Hinch was pressed for statements of the state of the transactions at various times, but put him off, and said that the profits had been put back into the business, having represented that the money had been used to buy shares in the NewZealand Commercial Association. November 29. After two days and two nights, the hearing of 25 charges of false pretences, forgery and uttering, and theft against George i Robert Hinch, the sum of £2050 being involved, was concluded to-night. After a retirement of two hours the juryreturned at 11.15 p.m. with a verdict of guilty on six charges of fa'se pretences, one of forgery, and one of uttering and not guilty on the charges of theft. Sentence was deferred until Saturday morning. December 1. Tn the Supreme Court to-day, George Robert Hinch was ordered three years’ reformative detention on six charges of false pretences and one charge of forgery and uttering. Henry William M'Kay, with a lengthy record for false pretences and theft at Wanganui, was declared an habitual criminal and sentenced to two years’ imprisonment.