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LAW COURTS
CRIMINAL SITTINGS.
Wednesday, July 14.
(Before Mr. Justice Murray and a jury.)
A Case Not Proceeded V"' li.
His Honor mentioned the case in which
Leonard John Newcomb (30) -was to be
charged with the embezzlement of money
belonging to a trade union. Mr. H. A.
Shierlaw (Crown Law Department) an-
nounced that the Crown Solicitor would
not proceed with the case.
No Information Filed.
In the matter of Edward Otto Strempel
(42), who was to have been charged with
the fraudulent conversion of £5 in money,
Mr. Shierlaw produced a certificate from
the Attorney-General to the effect that the
latter declined to file any information in
the cage.
Alleged Perjury.
The hearing was concluded of the case in
which Bert Moss, ham shop proprietor, of
North-terrace, Kent Town, pleaded not
guilty to a charge of having, on March 31
last, committed perjury in testimony given
at the Adelaide Police Court, when he was
charged with the unlawful sale, while not
licensed, of a less quantity of liquor than
five imperial gallons. Mr. H. A. Shierlaw
prosecuted, and Mr. Paris Nesbit, K.C.,
with Mr. R. G Nesbit, appeared for the de
fence
Continuing his evidence, the accused said
that before the police raid on the night of
March 20, but on the same day, he had
begun to suspect the identity of Price and
Attrill. At the time he made the state-
ments set out in the information, at the
Police Court, he believed them to be true.
Counsel addressed the jury, and his
Honor summed up.
After a retirement of an hour the jury
returned a verdict of not guilty, and the
accused was discharged.
The court adjourned until Tuesday.
A BANK'S CLAIM.
Before Mr. Justice Gordon, at the Civil
Court on Wednesday, litigation was con-
tinued between the National Bank of Aus-
tralasia and Louisa Dabinett, wife of David
Dabinett, of Lameroo. The bank made a
claim in respect to an alleged lien, said to
have been executed by the defendant in
favor of the bank on certain property at
Lameroo, and a fire insurance policy re-
lating thereto.
Sir Josiah Symon, K.C., appeared, with
Mr. W. J. Jsbister, for the plaintiff; and
Mr. Herbert Mayo, with Mr. J. S. Mur-
ray, for the d-fendant. The plaintiff bank
asked for an order that the lien constituted
a valid agreement in favor of the plain-
tiff for a charge over certain deeds and
documents lodged with the bank by David
Dabinett as security for money advanced.
For the defence it was alleged that the
documents in question were lodged for safe
keeping, and not as security for money
advanced, and that the lien was given, if
at all, under coercion and as the result
of undue influence. The defendant counter-
claimed the return of the documents and
£100 damages.
Archibald Pirie Yeomans, manager of
the Lameroo branch of the bank, con-
tinued his evidence from the previous day.
The witness identified a number of
cheque forms signed by Dabinett and paid
by the bank after, the letter of lien had
been executed.
Cross-examined by Mr. Mayo, the witness
said he understood that Mrs. Dabinett was
a little deaf, but no ear trumpet was used
by her on the occasion on which she exe-
cuted the lien. The witness had never
seen her use one. She did not ask him
if he could not do without her mark to the
document. He did not tell her that she
was bound to sign it, nor did he say to
her that it was against her interest to sign
it. If she had not given the lien the ap-
plication of Dabinett for a further loan
would not have been granted. The witness
explained to Mrs. Dabinett that if she
signed the document it would entitle the
bank to hold the titles of the sections at
Lameroo as security for money advanced
and to be advanced to her husband.
In reply to his Honor, the witness said
that Dabinett's indebtedness to the bank
was £3,324. The bank now claimed
£2,136 against him.
By Mr. Mayo-The witness did not ex-
plain to Mrs. Dabinett that a mortgage
had attached to it the possibility of a
sale. The witness could not necessarily
have seen any signal or gesture made by
Dabinett while the question of the lien
was under consideration.
Harold Baire Davidson, accountant at
the National Bank, said he was at the
Lameroo branch from October, 1910, till
some time in 1912. He was now at Auburn
While at Lameroo he was aware that the
land titles in question were at the bank.
He accompanied Mr. Yeomons to Mr. Dabi
nett'a house on the occasion on which the
lien was executed. Mr. Yeomans took
the document to the house. He told Mrs
Dabinett that he had come to get her to
sign a letter of lien. He read some of it
over and explained it to her. She ap-
peared to the witness to understand what
she was doing and what the document was
about. She put her mark to the docu-
ment, and did not show any sign of hesita-
tion in doing so. There was nothing in
the nature of coercion or influence to in
ducer her to sign the document.
Cross-examined by Mr. Majo, the wit-
ness said the document was complete with
the exception of the signature when Mr.
Yeomans took it to Dabinett's house. He
could not say whether or not the seal was
on it.
By Mr. Mayo-The witness base 1 hn con-
clusion that Mrs Dabinect understood the
document wnen she s>£-ned it partly on the
fact that sue signed it -without hesitation
and partly because on the.general'impres
sion sac gave bim.
This "clewed the case for the plaintiff.
Mr. Mayo, in opening the case for the
defence, said there was nothing to show
that Dabinett had any authority from his
I wife to-deposit the (leeds of her property
with the bank Od security for advances.
I Hi«- Honor indicated that he agreed at
¡present with that propo?it'on. This, how-
ever, did not touch the question of t.ie
validity of the lien, and he could not say
wljat £he cross-examination of the witnesses
for the defence might lead to.
At this sta¿e the court adjourned till tht3
morning at 10 o'clock.
ELECTORAL PROSECUTIONS.
On Monday. last, at the Local Court.
Millicent, before Mr. Sabine. 5.M., James
Diei'vitt and James Mennie were eaçh
fined 10/ and 15/ costs-Coral Antonio.
John William McCourt, Archie Wright,
Alfred Harris, William Neale, and Frank
DaAV-xon. each 1/ and 15/ costs, for having
failed to have their names placed on the
Commonwealth roll for the subdivision of
Millicent, division of Barker.
LOCAL COl'KT-ADELAIDE.
Wednesday, July 14.
(Before Mr. Commissioner Russell, S.M.) _
Solomon Abraham Blu-ton. financier, of Curric
rtrcït. sued Al-xandcr Moss, financier, of Way
moutb-étfcet, for bavins, on March 12 and 10.
al «3 Flinders-street, illegally seized- certain
eoods the pvpertv of the plaintiff, which were
aliened to Mm by a bill of bale. The plain-
tiff" enid, in order to release the (roods, he
was compelle-d to pay the defendant the sums
of £ó 19/ and £2 41, and he claimed from
the defendant £0 19/ dimaRM, winch in
pMri the «mr» of £3 10/ and £2 4/. Thf
defence was that if the -roods were seized (whieh
the defendant denied) they were ecizcd imder
distress for rent owinsr by Vera Hill, tenant of
primfc-cs of which the defendant and the plain-
tiff were <nint tenants in fee simple. The-de
i fem'ant distrained for the rent p»'n-r to the joint
tenants, and oh behalf of the joint tenant«, or,
in the alternative, on behalf of himself, and is
beinc bailiff of the other joint tenants The
.rood« seized were not the property of the plain
US The payments mentioned in the claim
were no; paid'to or received by the defendant,
and the pavmrais (if made) were made voluntarily
bv the ulnïmiff. Mr. T. S. Poole appeared -or-
tho plaintiff, and the defendant waa represented
by Mr. K. N. Finlayson.
Judgment was ¡riven for the defendant.
Mr«. Catharine Yardc, of Hanson-street, Ade-,
laide, su«! J. Marion, of Millbrook, for the
sum of £2 JS/S, being money payable by the
defendant to the plaintiff for rent of room,
meals etc, by the defendant's .wife, and at
his request Mr. O. Deirenrardt represented
the defendant, who denied the charse. Judsment
was giwn for the plaintiff for 16/, with 10/
costs. The S.M. 6*ii<l that ii" plaintiff had any
c'aim for the balance, she must recover it from
the defendant's wife.
POLI-***" COURT- ADELAIDE.
Wed n cadav, July li.
flMcre Mr. T. Gepp, S.M.). .
Amelia. Sweet was char-red wi'h bavins* bad
instiïci'ent lawnil means of ¡nipper:. She pleaded
p-rUy. Con-table Rowett said that In e<inse
quencp ot sorm-thins be **a» told, lie went ;o
an unoccupied e'v.elline. 67, Hurdo-t'lture vi«',
<in Tuesday tnir.ii-w, and '-wnd ibe defendant in'
a cupboard under the staircase. He asked hi'r
what she was -icius there. mU «**s-rc-|'li.ii. "Liit
ni--ht a hi.; iiitrt-rr cha?«! ive-, ait."- I Mil in
here and hid. F"ur nis-*er« ilepr unstalrä last
nisht. but thev left early ihl» mirnías.** A«¡c»d
ho*- ion-: she Inl been in <hc Im-Si-, flip f.l'd,
"For the last f< ur nichts." r-lir rcuuihcd :l.at
i-he wa.«, stopping there until she ui.l-i cit - a
situation. 'Hie defendant's lnotatul enid he
would like ¡irr lo be m*d'*uiiy «\.iin*ncil, as
be did no; think she un'- r'^lit in !»r mitid.
She had left home som'» time two, .and hr 1-jitl
not teen her ;inc;. T-.vi nnnilis' impri>oii-i-'nt
nus ordc-fil I .mk-'Wc Dun hell said the w.i,i<an
cnuli! be c-amined by the gaol auUioritics as
to bei marni cenditio».
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