MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 30, 30 October 1907, Page 9

MAGISTRATE'S COURT.

'(Before' Mr. W.'G. Riddell, S.M.) ..-.. ; —'. The greater -part.'of, yesterday was- given'.','■■ over to civil business at the 'Magistrate's."Court. The police eases were as follow: —' '■ " ASSAULTING A ''-CONSTABLE.- ' "'" : A young man, James Eassett, pleaded. ■ guilty to having been under the influence'of ,-.. liquor whilst in-charge of a horse and" cart'./'..?'. A plea of not guilty wa'sehtire'd'.to charge of having assaulted Constable Quinri' •'" whilst in the execution of his duty. -' ■.•■■'■ Constablo Quinn detailed the story-ofi the •,.--, arrest in Waring .Taylor Street. . Accused ■.-■■ struggled • with witness, i and hit him.in the"" face several 'times aiid knocked'him on the "• -logs" and body.•'"" '''.'" "" ' ; •■■>••-■■:••' Accused .interjected that whilst he was in ■•■ the cells on : Monday night a sergeant got'---.-•him down and.l;nocl;ed him senseless. . : ','/ '■■■ To. .'Station Sergeant, l'hair accused stated '" that he liarllieim drinking during the after-'' ." ■noon, and had'been thrown out of his cart-■■■.-■in Mulgravc Street during the afternoon..;•;--He rcccived-jinost. of. his iuj.nies during the.-';!.',' afternoon, but a severe'cut behind the ear.'.':.. had been inflicted in' the'' cells. He com-' monced drinking at 11 o'clock, and continued '• on and off until 3 o'clock: Ho did. not re- . member what the,doctor,who examined him in.tho cells had'said,. •f ;; ■'.'■'.').; ■ Accused gave evidence that lie'uad only, resisted and not assaulted the constable. "I think I have'been'-the one .'assaulted,": ha concluded.,. "Look at my car; it's nearly .■ ' half off." ■Accused asked foi leniency., as hohad. a wife'and family depu.dent on"liini."' '''■"■ On'.the first charge' accustd. was convicted ="•'■' and. fined 20s, in/default three days' im- •- : prisonm'ent,' and bii.'tlid second information' 1 a penalty of 21 day's''''impi'isonnieiit,' "with''.l hard labour, was imposed.' : ;- I '-'-' -.<;.:;" "A 'FIREMAN IN TROUBLE. . A fireman off' the',. ;Tyscr!; :s Line ... steamer Wkakarua appeared to answer a charge- of haying disobeyed the commands of the master of the'vessel'.'■ ' "' !' Evidence, was given by, the captain of the;' steauier that defendant had refused duty on '~,. . one occasion during the voyage out from' "■' London, but eventually went back to work.' -■ Last week he again 'refused duty, in-'v: 5 ' formed tlie officers of the vessel of his do-'."''' termination iu''.the picturesque ~ language'"'".' cunimon to .firemen. ." ; ; "' ..- 1 --"- His Worship said the breach. was' an" i offence against, discipline, and defendant' must he'punished; He'knew the conditions'•' ' ho. was'signing oh imdcr when he joined tho f. .ship, and- it was his. duty to work and obey •;:' his ollic'crs;. ' Defwidan't' would be convicted 7 '' and lined '20s, in default two .'.'days' ' im-'"' prisonment, with costs £1 18s Gd. '•'"". "".?.'

; ' , ]."{ THEFT OF LEAD.' J." -; ; ■"'•' A ybv.th'Tiamed Edward . Wilton,' employed ' ' as a boilermaker, pleaded guilty to "tlic'th,6l't' ; : . of 2cwt. of lead, valued''.it £2,. the property' : - : ' of ilessrs. Betli'unc aiul'.Hunter:"' ''''; ;;■ Mr.' Duhri'o,'. the defence,. n ' : . asked for leniency on 'tile ground; of : do- ":; fendant's (youth and previous' good charac-" ; tcr. Accused had gone'on to the rodf of tha ; building iii 'question .ind stripped the lead.'"'." The lead had. been restored. • " ,r , Evidence was: called' to testify as to the. previous good.'character of accused, and an'";' 4lfcr',w-'as made'to, find him. work!' ':''•" Chief Detective M'Grath stated, that, de- "' • fondant in taking, fho lead had done about ',-' £3 worth of damage 'to ,'the roof. "'.'The''' greater portion'of the lead had been sold to-'"':. .a plumber. Accused was 1 in 1 the.act; of' re-;'.*.'' moving the last-of it when'lio' was detected';. - ''" ; Accused was remanded until this ''morning' /.' for sentence. Bail was allowed in £y, and ■'■:• one surety 0f.£5."" : ' ' • ';: "'; -•" : ASEmOUSCHARGE: '■';:'•' •' The- two youths, 'Williiini' AValtcrßurgess "•'.''■' (Mr. Jackson) and i'Vancis Carroll (Mr.,'. "'.'■.' Uerdman), arrested by Detectives Williams ',;"■' and Kemp, appeared to answer a charge of .' sottiiig lire, io a-shop occupied by a Chmoso ■'}'-", in Taranaki Street, ,011 Saturday last. A . 'remand was .granted, until . NoYcmber'- (j...'. t . Chief Detective JJ'Grath opposed .an. cation for 'immediate bail,. and asked that, " the_ two accused" should bc'kept.iii custody.',' until the afternoon, .'is he was oonvinced.the'.!,', ends of justice'might ho, defeated if they....; were admitted to bail at once. Mr. Hoi'dV'.p . man took exception to the attitude of ''the?" police■, toward ' His' 'clieiit, and Mi-.' Jackson' ..' followbd suit. Bail was allowed in bonds of ''"'• £100 in each case, with two sureties' of: £50'''i each. "■ ■ CIHL-BUSINESS. ' ' ' . .'"' ~ (Before Dr. A. M'Arthur, S.M.) " Judgment was given for plaintiff in tha .; following civil 'cases :--E. T. Taylor ami Co. v. Alexander, Sutherland', £1 155.. costs 95.; A. and T. Burt, Ltd.,.v. Robert Spittal, £3'.".' ISs. 3d., costs 12s. ;,E. Taino v. John Young, ~'■■ ,1.75., costs 135.; Alexander Horsburgh Turn- ; '■■ bull and Uobci't T.-Turnbull v. Jessie Came-' ron, £20 IGs. 10d., costs £3; Wellington',/ Tailors' Industrial Union of Workers v. Bogcr Craig, £1 Is. Gd.,-costs os., Arthur' Johnson v. Gertrude. Allen, £fl, costs £1 9s. ,Gd.,"aud possession. In the judgment sum- ■ liions case, Walter' Bavemlale Gicsen v. A. •'. C. Stewart, a debt of £27 ss, debtor was-.. ' ordered to pay oil or before November 12, in defaut 21 days' imprisonment. • .;-■•■. DEFENDED CASES.-. ..•' i ... ■ Jorgensen Bros, and Johann claimed tlift •■■.•• sum of £16 10s. frohi Edward John Falkner,.-■ balance duo on a'contract for the construction of a rotaining wall on a section at Kelburne. It was intended to fill the section\: ' in with spoil boliind tjie wall, hut before this ■ - work- was completed .the wall collapsed. Do-...,.-fondau)-, counter-claimed for £100 in respect,.. 1 , of damages through alleged negligent con---' struction of the wall. The hearing of evidence occupied the whole of the afternoon. His Worship reserved his decision until No-. ~- vombcr 5. Mr. Webb appeared for 'plaintiffs, and Mr. Smith,for defendant. ■—'■-. \

Robert -Davenport ■ and Son, plumbers', claimed £35 10s. Id. from. James.M'Aneny, builder, for work done and material supplied on two houses at Northland. Defendant ad--mittcd that the work was done, but contended that the charge was excossive, also that the time entered by the men was ox. cessivo. The case .was adjourned by Mr. Riddcll, S.M., until' Thursday to give "plaintiffs an opportunity to produce his books. Mr.' Dix appeared for plaintiff, and MrJohnston for defendant. , ■■