SUPREME COURT

Timaru Herald, Volume CXLVIII, Issue 21573, 8 February 1940, Page 9

SUPREME COURT

Verdict of Guilty

Retrial of Young Motorist

A verdict of guilty was brought by the jury after a retirement of two and a-quarter hours at the re-trial at the Timaru sessions of the Supreme Court yesterday, of Lawrence William Cantwell, aged 21, a tractor driver, of Albury (Mr M. A. Raymond), who pleaded not guilty to a charge of negligently driving a motor-car on the TimaruPleasant Point highway on December 2, thereby causing the death of Helen Eva McAuliffe. The Crown solicitor. Mr W. D. Campbell, conducted the prosecution. His Honour, Mr Justice Northcroft, presided. The following jury was empanelled: John James Thomas Halkett (foreman), John Charles Lewis, William Lawson, John Knox, Robert Morrison, William John Pettigrew, Walter Weston, Frank Ross Brown, John Alexander.

The jury retired at 2.41 p.m. and returned at 3.15 to ask if the accused had said in evidence that he had dimmed the lights on his car. His Honour quoted from the evidence, which showed that accused had not stated whether he had dimmed his lights. The jury again retired and returned at 4.53 p.m.. with a verdict of guilty. The prisoner was remanded until this morning for sentence. Damages Claim Withdrawn The case in which Kate Maxwell Johnson, Temuka (Mr W. D. Campbell) sought to recover £115016/- from Lachlan John Grant, Clandeboye (Mr C. S. Thomas), as damages for injuries received in a motor accident, was withdrawn, as the matter had been settled out of Court. In Divorce Thomas Drummond (Mr M. A. Raymond) petitioned for divorce from Margaret Letitia Drummond on the grounds of alleged desertion. The petitioner, a stock drover, of Pleasant Point, said that he had married the respondent at the Timaru Registry Office on July 9, 1915, and they had made their home at Cannington. There was one child of the marriage, who was born on May 30. 1916. In February, 1928, they left the farm to take up residence at Pleasant Point. The first two years of the marriage were happy, but later the parties were unable to agree and the respondent began to act unreasonably regarding her religion. On September 17, 1936, when the witness came back from work, he found a note written by his wife. Since that date they had lived apart, and there had been no communication whatever between them. Corroborative evidence Was given by James Graham Munro, farmer, of Pleasant Point. His Honour granted a decree nisi, to be made absolute in three months. Decrees absolute Were granted in the following petitions:— Kathleen Iris Willetts, Ihvei’cargill (Mr L. J. O’Connell) v. Henry Morse Willetts (Waimate). Harold William Chamberlaih (Mr R. Stout) v. Bethan Mitchell Chamberlain (Temuka). Decrees absolute, each with the permanent custody of one child, were granted in the following petitions:— Jean Wauchop (Mr L. G. Cameron) v. William Hugh Wauchop. Myrtle MacPherson (Mr W. D. Campbell) v. Thomas Ewen MacPherson (Palmerston North). Laura Frances Granger (Mr R. Stout for Mr L. M. Ihglis) v. Arthur James Granger. Irene Vivian Moncrief! Morris, Pareora (Mr R. Stout for Mr L. M. Inglis) v. Percival John Morris.

Application Unsuccessful In an originating summons under the Family Protection Act, Agnes Frampton, of Wakanui, married woman (Mr V. W. Russell, Ashburton) proceeded against Thomas McDowell and Malcolm Douglas McDowell, both of Wakanui, farmers (Mr C. S. Thomas, Christchurch), the executors and trustees of the will of the late Thomas McDowell, of Wakanui, farmer, and Mary McDowell, of Wakanui, widow (Mr G. C. Nicol, Ashburton). Mr R. Kennedy, Ashburton represented Thonlas McDowell and Malcolm Douglas McDowell in their capacity as trustees.

The petitioner, a daughter of the testator, sought an order that such provision as the Court thought fit be made out of the estate of Thomas McDowell fdr her prbpei* maintenance and support, and she also asked that the costs of the petition be paid out of the estate. Petition also sought further order as in the circumstances might be just, upon the grounds that the will and codicil of the testator, who died on September 8. 1938, made no adequate provision for her maintenance and support.. After hearing counsel, his Honour remarked that the plaintiff had a mistaken view of the functions of the Court under the family Protection Act. The affidavits showed that all the members of the family, including the plaintiff, had been working hard and were frugal and thrifty people, and the testator had been entitled to hand on the result of that thrift as he thought fit. The Court Had jurisdiction in the matter only when a testator had failed to provide adequate provision, and when he had failed in his moral duty in that respect. In this case was there such a duty? In his Honour’s opinion such was not the case. The testator was a healthy married woman and apparently she was comfortably placed, and even if it were the case that she was without resources, it was the duty of her husband to work and to provide for her. The testator’s father had bequeathed £5OO to her and her mother had also given her not inconsiderable sums. There was no doubt that the father could not be said to have failed to have made adequate provision for the plaintiff, for the reason that adequate provision did appear to have been made for her. In the circumstancs the application must fail and the summons must be dismissed.

In reply to Mr C. S. Thomas, who asked for costs, his Honour said that when reading the affidavits he had been favourably impressed with the generous attitude of the members of the family each towards the other, and he would be extremely reluctant to make an order which would do anything towards disrupting that unity. In Bankruptcy The following discharges from bankruptcy were granted:— Charles Isaac Manning, formerly of Timaru, and now of Port Chalmers (Mr A. D. Mcßae), and Jack Benjamin Haskett, formerly of Mt. Somers and now of New Brighton (Mr L. J. O’Connell).