South Taranaki News

Taranaki Daily News, 9 December 1926, Page 2

South Taranaki News

(From Our Own Reporter.)

Telephone No. 596.

P.O. Sox 133.

SALE OF PEDIGREE COW ALLEGED FAILURE TO TRANSFER. CLAIM FOR £5l DAMAGES. In June, 1925, Jack Schuber, a farmer of Hawera, and now of Kaponga. sold an empty pedigree Jersey heifer to Percy Lundberg, a farmer of Ararata. for £5, in view of the probability of it being sterile, and Schuber, it was alleged, had promised to arrange the transfer of the animal to his name in the herd book. The vendor had, however, neglected to arrange the transfer, although he had not definitely refused to do so. Later, as a result of treatment by Lundberg, the heifer ealved to a pedigree Jersey bull, and since all his requests were unavailing, Lundberg proceeded against Schuber at the Hawera Court yesterday, claiming £5l as damages for the refusal of Schuber to transfer the animal. The ease was heard by Mr. J. S’. Barton, S.M., and plaintiff was represented by Mr. P. O’Dea, Mr. J. Hessell (Kaponga), appearing for defendant. In giving judgment in favour of plaintiff the magistrate said he was far more inclined to accept the evidence of the plaintiff and- his witness than that of the defendant. He found in favour of plaintiff on the facts, and that the contract contained a warranty to be completed on the arranging of the transfey. The assessment of damages was left over until the next sitting of the court. CONDITION TO TRANSFER. The plaintiff said Schuber had met him in Hawera and offered him a heifer for £5, but he did not say anything was wrong with her. Schuber had stated that he would transfer the pedigree to witness, but had neglected to do so. Some time later Schuber said he had written to the secretary of the Jersey Association in regard to the transfer, but the secretary had replied, Sehuber had said, that it could not be transferred then since it was not certain whether the calf was By a pedigree bull or not. Witness had made appointments with Sehuber on many occasions, and very often defendant did not appear. As far as witness knew the heifer was still on the herd book in defendant’s name. On one occasion Miss Lundberg had written to Scruber, and on one occasion had offered to pay the costs of the transfer, but defendant had not replied to this letter. Cross-examined, witness said he had no evidence to show that the heifer was a pedigree, but Schuber had showed him the animal’s name in the herd book. He did not know that there was a rule of the association that the vendor should pay the transfer fees. He had not pressed Sehuber for a transfer for some time after taking delivery of the heifer on account of Sehuber’s illness. The defendant. John Sehuber, said Lundberg had offered him £5 for the heifer in dispute if he would give, a transfer of the animal, but he had refused “as he never considered her a dairy beast after she had lost her calf.’ Lundberg had agreed to buy the heifer for £5 without a transfer. He denied that any request was made for a transfer when the cow was taken away. WRONG LETTER DELIVERED. ' SUBMITTING TO TEMPTATION. When a young man, Joseph Gilbert Johnson, walked into the Post Office at Hawera on November 20 last he inquired if there were any letters for “J. G. Johnson,” expecting one from his wife. The clerk handed him a letter containing a cheque for £26 odd, addressed to a dairy farmer of Fraser Road, bearing the same name and initials. This gift was promptly cashed, but it was the act of endorsing it that proved the receiver’s undoing. He went to Gisborne to see his wife and was arrested. He appeared before the Gisborne Police Court on December 3 and pleaded guilty to the theft of a cheque for £26 belonging to James G. Johnstone, of Fraser Road. Senior-Sergeant _ Fitzpatrick stated that a dairy farmer named Johnstone, having the same initials as the accused, was in the habit of getting his milk cheques left at the Hawera Post Office for him. On November 20 the accused, who was following the occupation of a showman, called at the Post Office and asked if there rvere any letters for "J. G. Johnson” and, the initials being tiie same, accused was handed the letter containing the dairy farmer’s cheque, which he cashed at a Hawera Hotel. He was a married man with two children and was not fond of work. He was a strong young man and could, no doubt, get better employment than as a showman. The accused had promised to get better employment and the sergeant therefore recommended that the accused should be given a term of probation. Inspector Rawles gave evidence that he had interviewed Johnson in Gisborne, and he had made a statement that oi; about November 20, whilst at Hawera, he had called at the Post Office, where he expected a letter from his wife. “I was handed a letter addressed ‘J. G. Johnstone,’ and on opening it I found a cheque for £26,” said the accused. He cashed it at an hotel m a private room, and on the lady’s request he had endorsed it. "I don’t know what kind of a signature I gave, as I was trembling at the time, and I received the notes,” said accused. “I was hard up and had made up my mind to put in the night at the merry-go-round. I have not been in trouble before."’ The magistrate: What have you to say about it? “After I left Carterton I made some money, but a mate got away rvith all my clothes and the money in them,” replied accused. “A fellow up there put me up to all the points of cashing the cheque, otherwise I would not have done it. I don't know who he was, hut he was a showman.” In entering judgment the magistrate said: "In view of the fact that this is your first act of dishonesty’, I will admit you to probation for eighteen months cn eonflition that you repay the amount stolen. See that you get work, and keep straight or you will hear more about it.”

THEFT OF A TOWEL CONVICTED AND DISCHARGED. A middle-aged man appeared before the Court yesterday on a charge of stealing a towel, the property of Charles E. Faulkner, of the Egmont Hotel. In reviewing the facts of the case, the magistrate said he thought he should give the defendant the benefit of the doubt and he was convicted and discharged. Mr. Bayley’s application for the suppression of the name was granted. Sergeant J. Henry said that in July last defendant went to work on a farm near where his son was winking, and shortly after his son took from among his belongings the towel in dispute, and tliis was noticed by the police, who visited the son in connection with some other matter. He stated that his father had told him he had found the towel on the beach. Charles Faulkner, licensee of the Egmont Hotel, said he indented some towels with "Egmont Hotel, Hawera,” woven in them, and he had recently gone through his stock of towels and found about one dozen had disappeared The defendant had stayed at his hotel on two or three occasions. He did not know that boarders were accustomed to taking towels to the beach. He had not reported the matter to the police, but had been interviewed by Constable Toeker. He did not know the defendant’s son. To Mr. Bayley witness said it was quite possible that towels’ had been taken from his hotel to the beach. Constable Toeker said on October 20 he interviewed defendant in connection with the towel and he had made the Statement as above explained quite willingly. The defendant said he had often found towels and swimming gear on the beach. To Sergeant Henry defendant said he had npt thought to return the towel when he first saw it, but eould see his mistake now. Mr. Bayley asked that the charge bo dismissed on account of its trivial nature. Sergeant Henry said he had known defendant for many years and he was of good family. He was now in a good position. DOGGED BY ILL-LUCK. A BANKRUPT LABOURER. The first meeting of creditors in the bankrupt estate of Henry Woller, a labourer, of Te Kiri, was called for yesterday, but the debtor and his solicitor, Mr. J. Houston, only attended and the meeting lapsed for want of a quorum. The D.O.A. questioned debtor as to his position, and his personal statement was verified. Debtor's statement showed that unsecured debts totalled £Bl Iss, and there were no assets. The unsecured creditors were as follow: Dr. Watt, Opunake, £3O; J. Mancer, Opunake, £l2; W. Coombe, New Plymouth, £l3; Arthur Cqombe, Opunake, £2O; E. A. Toole, Opunake, £5 15s; W. Aitkin, Opunake, £l. Bankrupt’s personal statement was as follows: “About seven years ago I commenced share-milking for Rua Bishop, of Opfinake. During the 1918 epidemic I lost a daughter and had other sickness in my family. My wife was ill for six months with blood poisoning and I then started to get into debt. About five years ago I started share-milking for Jack Barrett, but it was a poor place and I made nothing out of it. During the time I was on Barrett’s place I had one of my sons ill with pneumonia, which cost me £3O. Then I removed to Hawera for a year, share-milking for J. R. Corrigan, but only managed to pay expenses. “I then came to Opunake and worked for J. Young as share-milker for two years, but the first year I had only heifers and got further behind. During the second year my wife was under the doctor for some tiinc-and she later died while I was on Young’s place. Last year I. commenced share-milking for Mr. Bremner, and during the first five months made only £9, and had to leave in the middle of the season. Since then I have been employed at the sawmill at Te Kiri. I am not able to work all the time as I suffer from ill-health. My average weekly earnings for the past twelve months amount to £2 10s. My youngest child is now 16 years’ old and was in the Hawera Hospital three months ago for a period of two months.”

MAGISTRATE’S COURT. CIVIL CASES HEARD. Judgment by default in the following undefended civil eases was delivered by Mr. J. S. Barton, S.M., at the Hawera Court yesterday, in favour of plaintiff: Farmers’ Co-op. v. A. F. Graham, £6 Ils 5d (costs £1 IBs fld); Hawera County Electric Company v. F. Stewart. £24 9s (£4 Is 6d); Hawera Hospital Board v. Joseph Signal (Patea), £73 3s (£4 12s 6d); Hurrell Bros. v. Muni, a native of Taiporohenui, £l3 17s 6rl (£3 2s); Taranaki Trade Association v. N. Chadwick, £1 Hs Ud (8s); same v. C. Hawkes, £l6 5s 6d, (£2 14s}; same v. Minnie Lowe, 12s 5d (8s); J. Kerrisk v. Henarc Waitai, £3 5s (£1 18s 6d); Hawera Hospital Board v. Frederick Sales, £45 17s (£4 Is 6d); Taranaki Trade Association v. Tonga O’Carroll, £l2 15s 4d (£3 12s (id); same v. Ria Kian, £l5 (£3 10s Gd); A. E. Crowley v. Tonga O’Carroll, £3 (£1 19s Gd); C. Macßae v. W. F. Cunningham, £ll9 4 s ( £6 9s 6d). A native, Rangiroa or Davey, was ordered to pay to West wood and Mclntyre the stun of £l3 8s 6d (costs £1 Us 6d), in default 15 days’ imprisonment. W. H. Hughes was ordered to pay J E. Dingle the sum of £0 8s (costs 15s Gd), in default eight days’ imprisonment. A native, Awe Repe, was ordered to pay to Lysons, Foord and. Keilar, £2’ His 3d (costs £1 Us 6d), in default 30 days’ imprisonment. J. Rogers was ordered to pay to Clement and Son £1 15s Gd, in default t.w, days’ imi>risonment.

CHRISTMAS CHEER CONCERT. SAVAGE CLUB’S SUCCESS A really good entertainment for a most praiseworthy object, eaa be said of the "Christmas Cheer” concert given by the Hawera Savage Club in the Opera House on Tuesday night in aid of the funds for Christmas cheer at the publie hospital and Old People’s Home. The Opera House was taxed to its fullest capacity at an early hour, am! for over three hours the audience were kept in an atmosphere of mirth anl merriment by the Hawera Savages, who delighted: everyone with their local hits and novel items. The programme opened with a stir, ring mafch by the orchestra, under Savage F. H. Ollernshaw. This was followed by the Savage Club liaka team of ten lusty warriors, erotesqnely painted, who gave two stirring hakas. Prior to the haka team appearing, Savage M. R. Jones gave an interesting explanation of the history and purpose of the Maori liaka, explaining that there were two forms of hakas; one was a welcome haka and the other a war liaka. The warriors were loudlv applauded and had to repeat their performance. One of the best hits of the evening was Savage W. G. Holder’s (New Plymouth) introduction ef a new and novel form of advertising, which kept the audience highly delighted and in a titter of merriment, his local hits being particularly good. Insistently applauded, Savage Holder scored again with a humorous Chinese anecdote. The Ariki, Savage W. S. Gibson, next entertained the audience with a brief but interesting account of the history of the Sawege Chib movement. Tn the first place, said the Ariki, a Savage Club had nothing to do with aboriginal savages. The first Savage Club had been formed in London some 17 years ago by a Mr. Robert Savage, and was really for the purpose of encouraging and fostering talent. So successful had this initial attempt .proved that members of the original chib, on going to different parts cf the Empire, had formed'ether Sawje Clubs, and in time the clubs in a country became connected with the natHres of that particular country, as in the case of New Zealand, where the Savage Clubs had adopted the Maori traditions and customs. In Savage Clubs the world over there were members who were well conversant .with the traditions of the local natives. “We in Hawera claim, first of all, the spirit of fellowship and comradeship amongst our members,” said the Ariki, “and we aim at encouraging and fostering talent among our members.” During the first part of the programme songs were given by Savages A E. Morris and Eric Pacey. Savage Morris was in good form and his singing was very pleasing. Savage Pacey sang a rollicking sea song and was encored. The Maori quartette, led by Hauparoa Whareaitu, was encored in their rendering of Maori melodies, their singing being very popular. Savage Joe Renwick was so insistently applaaided for his comic song “A Farmer Boy,” that he had to appear twice and render comic items before the audience was satisfied. The final items of the first part of the programme were two dramatic musical monologues by Savage H. L. Spratt, the former entitled "Jiigurtha,” an episode of the stirring times in Mimidea in. the period a century 8.C., and the latter, the well-known Chinese story, “Orange Blossom.” In both items Savage Spratt's acting was spirited and inspiring.: The second part of the programme was occupied with the performance of a oneact comedy entitled, "The Village Blacksmith.” from the pen of Savage John Renwick, and produced under the direction of Messrs Owen (Mrdston and J Davidson-Baxter. The comedy -was replete with humorous incident, ncvel items, good singing and clever ballet dancing. It opened with a parade of the finalists in the beauty competitions and the “beauties,” attended by their “maids of honour,” and attired in gorgeous raiment, tvalked with stately stride through the audience. The beauty chorus appearing throughout the second half acquitted themselves very creditably and were warmly applauded on their every appearance. Their caricature of a Grecian dance, in which Savage Polson and Mr. •Davidson-Baxter were the solo “dancers,”’ was a clever item. The other beauties were Savages A. Harrop, G. Horsburgh, T. Underhill, S. Reece, ,G. Boyne, B. Bramwell and Newton. The Taranaki beauties, Savages McDenell and Strachan, attired appropriately as representatives of a dairying province, though perhaps not over-beautiful, were received with hearty laughter. “Sparks,” the blacksmith (Savage Guy Hessell) was a worthy wielder of the hammer, and sang w’ell in “A Village Blacksmith.” Savage J. Renwick, as Porter-Gaff, the portly innkeeper, made a good guide to the two sailors (Sa-vages MjFadyen and F. Low), and his description of Hawera’s “beauty” spots, statues of local benefactors, and the museum, punctuated by many references to Hawera’s library and to local citizens, appealed to the humour of the audience. Sir Launcelot Woop-Woop, the squire (Ariki W. S. Gibson) was again in good form and with his lovely daughter (Savage J. D. MeQuin) and the aunt (Savage W. M. Thomas), introduced some laughable incidents. The duet “Always,” sung by Savages MeQuin and McFadyen, was quite good, and greatly pleased the audi. enee. P.O. 49, “the hope of the village” (Savage W. G. Simpson), and Freckles (Savage L. S. Polson), were quite at home in their respective parts, and were responsible fpr many humorous situations. The concert was very creditable and the clever inclusion of frequent references to local conditions and celebrities was very popular, never failing to draw forth laughter from the a’ulience. The orchestra, under Savage F. H. Ollernshaw, acquitted themselves very well throughout the concert, and credit is also due to the musical director, Savage Renwick, the Christmas cheer committee secretary, Savage W. A. Spragg, and to the stage manager, Savage W. J. Woollett, for the arranging of the concert.

ON THE BOWLING GREENS. SHIELD COMPETITION. By 101 points to 81 Hawera defeated Opunake at Hawera in the South Taranaki Shield bowling competitions yesterday. Mr. G. A. Burgess welcomed the visitors in a jocular speech, and at the conclusion of the game Mr. Gunson thanked the members cf the Hawera Club for The pleasant afternoon and the ladies for providing afternoon tea. The results are (Hawera players men tioned first) : Anderson, J. Tait, Westaway, Robb (a) 32; v. Judson, Brown, Seaver, Ham mond (s) 17. T. Tait, Colclough, Tidswell, Corkitl (s) 27; v. Brooker, Stephenson, Hinci?, Burton (s) 21. j Herbert, Payne; Wills, Robertson (iff

22; v. Sloines. Schneller, .Smith, Gunson (a) 20. Champion, Saunders, Haughton, K. Tait (b) 20; v. Clare, Wilson, Harrigan, Sinclair (s) 23. FEATHERS COMPETITION. The results of the feathers’ competitions are as follow, the holders, who retained the trophies, being mentioned first: Greaves, Brown, Kendall, Chadwick (b) 25; v. Rogers, Drvnan, Ashton, But ler (s) 21. NOLANTOWN POLL CARRIED. The poll for the proposed Nolantown water extension loan was hold yesterday and was carried by over a - two to >no majority. The voting was: For 48, against 22, informal 3. PERSONAL. The Misses Exley (2), Joljnston (2), and Batten, of Hawera, returned home last evening after an eight months’ trip abroad, including Europe. GENERAL ITEMS. A first offender for drunkenneM, who was arrested in High Street on Tuesday, was convicted and fined 7s 6d, in default 24 hours with hard labour by Mr. J. S. Barton, S.M., at the Hawera Court yesterday.