SUPREME COURT.

Taranaki Daily News, 15 December 1924, Page 8

SUPREME COURT.

TARANAKI SESSION. RESTITUTION OF RIGHTS. PETITION AGAINST HUSBAND. The sittings of the Supreme Court at New Plymouth were continued on Saturday before His Honour Mr. Justice MacGregor. A petition for the restitution of conjugal rights was made by Nora Jane ■Caroline Cooper, of Martton, against her husband Thomas Frederick Cooper, compositor, Wellington. The petitioner said she manned the respondent on February 1, 1919, at the registrar’s office, Wellington. In September, 1'923, her hueband, who had been moody for some time, left her without any apparent reason and, despite repeated requests to him to return, he had failed to do so. He had come back once, 'but it ws only to show some people over the house which he subseqently sold to them. Witness had since earned her own living teaching music at Palmerston North and Napier, and wa«s now established at Marton. The witness added that she was quite prepared to live with her husband anywhere he made a home for her.

In reply to the judge, the petitioner said she "really wanted her husband to come bat-k to her. An order was made as asked for, the decree to be completed within 21 days of the date of service. JURY UNABLE TO AGREE.

John O’Grady pleaded not guilty to a charge of having committed an unnatural offence at New Plymouth, and after four hours’ retirement the jury announced that they were unable to reach an agreement. A new trial was ordered to take place at the next sittings of the court in February. Mr. C. H. Weston (Crown Prosecutor) prosecuted, and Mr. R. H. Quilham appeared for the accused. The jury empanelled was: Messrs. P. M. Peters (foreman). C. E. Ardern, A. E. Townley, Tl. J. Snelling, S. Richards, G. T. Chard, H. A. Calder, C. V. 8. Breach, E. E. Johns, F. W. Phillip, L. J. Lealand and W. George. - A dramatic incident occurred during the trial. The principal witness*for the Crown, Claude Hoskin, had completed his evidence and was taking his seat in the court when the prisoner’ rose in the dock and, turning in a menacing manner towards the witness, exclaimed, “By , Hoskin, I’ll break your neck.” O'Grady was quickly pacified, however, by the warders in attendance.

•UNDEFENDED DIVORCE PETITION.

Di the undefended divorce petition of Major v. Major, the grounds for which were mutual separation for a period of over three years, a decree nisi was granted, to be moved absolute after three calendar mouths. Mr. A. A. Bennett,. appeared for the jictitioner. CIVIL LIST FIXTURES, Fixtures for a number of civil cases were made by His Honour when he went through the list with counsel. He intimated that the court could not ait after Frida v.

This morning the claim of Denis King against John Walsh for possession of chattels and £137 10s and £5 damages will be take.).

The fixtures for to-morrow are Edith .Maud Atkins v. Percy Locker Ward, claim for possession of chattels and accounts in a deceased estate, and the divorce petitions of Augustus Schultz against Ruby Florence Schultz, and Dorothy Annetta Matson v. Frederick Bertie Matson, tlie cases to be taken in the above order, the last mentioned commencing at 2 o’clock in the afternoon.

Two motions in divorce for decrees absolute wlil be taken at 10 o'clock on Wednesday morning, and these will be followed by the undefended divorce petition William Henry Aubrey v. Mary Rosina Aubrey. At 10.30 the action Elizabeth Anu Lobb and another v. Charles A. P. Wood, a claim for £250 part purchase money, speci.fi • performance or £3OO damages will be commenced.

Thursday has been allotted for the appeal of < . E. Robinson v. Mary Gow against a decision given by Mr. A. M. Mowlem, S.M.. at Stratford, motions for discharge in l»ankruptcy and two motions under the Family Protection Act with regard to the estates of John Hart and John Holmes, deceased.

On Friday, the petition for a writ of mandamus by Robert Bremer, farmer, of Waverley, against the Patea County (juincil with regard to a loan recently authorised will be taken, while the case of the Deputy Official Assignee v. Newton King Ltd., an application under the the Bankruptcy Act with regard to the estate of Gapt. Bredow will be mentioned, but it is unlikely to come on, as it was said cn Saturday that the case would take some time and the court is to rise that day.

A number of small matters will be taken by His Honour whenever the parties are ready, and provided they do not interfere with the fixtures made. Mr. O’Dea informed the court that the claim of Thomas Kelly Moody against the General Transport Company for £302 tte, allegedly due under an agreement, had been removed from tbe jury list and would probably be settled. The following eases have been adjourned until next session: Laura Isabella Sowry as executrix of the will of Albert Sowry (deceased) v. John H. Miles and others as administrators of the estate of A. W. Fullerton-Smith (deceased), claim for £263 15s 7d, eaid to be due under a guarantee; James Stellin v. Patea Licensing Committee, writs of eertiorari and mandamus; Mary Drozdowski v. Joseph Fairish, removal of trustees, etc.; Charles Edward Haw, motion for discharge in bankruptcy; and Eliza Jarvis and John William Henwood, motions under the Family Protection Act.

The appeal of William Curd against the Stratford County Council from a decision of Mr. A. M. Mowlem, S.M., having been abandoned, was etruck out, costs £3 3s being allowed. The court rose at 5.30 p.m.