SUPREME COURT.

Timaru Herald, Volume XCVIII, 9 May 1925, Page 12

SUPREME COURT.

TIMARU—FRIDAY,. MAY S, 19 25. (Before His Honour Mr Justice Adam?.) The criminal sessions of the Supreme Court in Timam wore continued yesterday before His Honour Mr Justice Adams. THE MURRAY CASE. ' "When the Court resumed at 10 o'clock the case of alleged forgery against James Murray, in which the jury had failed to agree upon a verdict, was mentioned. Mr Paterson, counsel for the accused, applied for bail for Murray at the expiration of his present term cf imprisonment, on May 23. His Honour said the application must stand over unjil the date named, and he would deal with the quostion in Christchurch. Mr W. D. Campbell, Crown solicitor, sai4 he would ask that the bail he substantial. Mr Paterson said the previous bail was £2OO, and he suggested that one of the conditions of bail should be that accused should reside in Timaru and report daily to the police. Mr Campbell said that if bail were fixed at £260 he would be satisfied, provided the accused reported daily to the polico in Tlmaru. His Honour said the matter would be finalised by him in Christchurch at the expiration of the accused’s prosent term of imprisonment. . ALLEGED INDECENT ASSAULT. Norman George South (IS years and 11 months)', farm labourer, and formerly a blacksmith's apprentice at Winchester, was charged with havjng indecently assaulted a girl of 14 years, at Winchester on November 30 last. Accused pleaded not guilty, and was dofended by Mr J. Emslio. Mr W. D. Campbell ((inducted the case for the prosecution, and cm his suggestion the Court was cleared for the hearing of the case. The case was heard before the following jury:—A, N. Oakey (foreman), R. Dawn, D. B. Ramsay, A Knott, D. A. Hurst, S. Anclersob, J. Finlay, W. V. Hadlow, It. \V : McJennett, B. 11. Courtis, B. C. Wilson and B. Sumpter. Evidence was heard at some length, after which counsel for the accused said the defence was that accused being under 21 years of age. had reasonable ground for believing that the girl in’ Question was 16 or over 16 years of age, and he did to believe. Mr Campbell cross-examined the accused at conaß’erabie length. After other witnesses had been heard, counsel addressed the jury, and His Honour summed up. The jury retired at eight minutes to five, and returned at twelve minutes past five, with a verdict of not guilty. The accused was discharged.

McLEOD v. YORKSHIRE INSURANCE COMPANY. This was a sequel to a case hoard before the Compensation Court in Timaru in September last in which one Pritchard, a worker, obtained a judgment against the present plaintiff as employer, for the loss of his eye while working at McLeod’s threshing mill. The present case was brought by McLeod against tne Insurance Company who, under their policy of insurance, indemnified the plaintiff McLeod against t.he result of any accident' occurring to his workmen. The case was settled out of Court, just before it was to have been called, by the defendant Company agreeing to make an ex gratia payment to the plaintiff. Mr J. E, Emslie and Mr T. Cheyne Farnie appeared for the plaintiff, and Mr Sargent, of Christchurch, for the defandant Company. In the case, Bates v. the Queensland Insurance Company, Mr G. H. R. Ulrich (Instructed by Mr Cuthbert) said that notice of discontinuance had been filed. In a claim for possession of land, S. Connolly v. H. T. Oldfield, Mr Campbell appeared for plaintiff, and in the abseuce of any defence His Honour made an order that possession of the iand be given by May 13, defendant to p'ay £25 damages, and £l3 18s costs.

DIVORCE. In the case C. V. McLean v. Gilbert C. McLean, Mr Campbell appeared for the petitioner, who asked for a divorce from her husband, who is living at Riverton. Alter hearing counsel, and the evidence of petitioner and her. sister, His Honour said he would take time to consider his decision, Mr Campbell in the meantime to forward him nou s of his argument, with cases in support. Daisy S. Earnshaw v. Charles Earnshaw.—This also was an application for divorce on the wife’s petition, Mr Campbell appearing for petitioner. After hearing the evidence of petitioner -and one of her sons, His Honour granted a deci-.e nisi, to bo made absolute in three months. M. F. Manchester v. Edward Manchester.—This was an application for divorce, on the wife’s petition, Mr Campbell appearing for petitioner. It was shown tnat the husband had not supported his wife for the past ten years, and that she had to earn her own living. A decree nisi, to be made absolute in three months, was granted, the petitioner to he given custody of her only surviving cnild. The respondent was ordered to pay costs, £3O, and disbursements and witnesses’ expenses. PROBATE. Probate was granted, in the estates of the following deceased persons:—C. N. Orbell, c'.arlotte M. Coles, Robert Thompson, Ellen Howens, Saran F. Bucnansn, F. C. Watson, Robert Holland, and F. C. Knuulc-y. Letters of administration were granted in the estate of the late Gorham Lambert, of Pleasant Point. At S.lO p.m. the Court adjourned tiii .10 o’clock this morning.