MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 458, 17 March 1909, Page 2

MAGISTRATE'S COURT.

6 . POLICE CASES. (Before Mr. W. G. Riddoll, S.M.) An elderly man, named Ilenry M'Cormack, was Bent lo .prison for two months, the conviction being tho third within n period of six mouths. A remand until Friday was granted in a case in which William Edward F. Gerard was charged with wife desertion. To tho charge of the theft of 102 fencing posts, valued nt .E7 135., Government property an tho Ilawtrey Estate, two partners, Richard White and Joseph Leslie, entered a plea of not guilty. Mr. Wilford represented tho accused. The caso against Whito was taken first, and evidence was given at some length. Tho Magistrate, in giving his decision, said that the evidence was insufficient to warrant him in convicting. Both cases were dismissed, ALLEGED TIIEFT. Michael Hurlihy appeared on remand in answer to a charge of stealing two metal watches, one rolled-gold chain, a silver medal, the value totalling .£1 2s. Gd., the property of John William Eickmnn. Chief Detective Broberg represented tho police, and Mr. Cook appeared for accused. The owner of the articles stated that, on February 27, ho went to several hotels, and, upon returning homo about 10.30 p.m., he found Hint his watches were missing. He did not know the accused. John Scott, a clerk, deposed that ,whilo he and some friends were at tho top of Park Street Steps, on tho night in question, accused and Kickman came up. At tho top, witness saw accused take a watch and chain from Rickman's- pocket, and place tho articles in his own hip pocket. Afterwards, he saw accused return to town, and witness informed the police. Corroborative evidence was given by Chas. E. Butcher and Eichard Battersby. Detective Cameron stated that ho arrested accused on March G. The watches and chain, wrapped in brown paper, were found in the police station yard afterwards. Accused was committed for trial, bail of £80 and two sureties of JMO being allowed. RESERVED JUDGMENT. "GEOMETRICAL STAIR-CASING." Reserved judgment in the alleged breach of tho carpenters' award case—lnspector of Awards v. Humphries Bros. (Mr. Peacock)—was given by Dr. M'Arthur, S.M., yesterday morning. The breach was stated to be that the defendants employed as a carpenter or joiner, one Bert Rogers, who was not a member of tho union, when members were equally qualified and willing to undertake the work. Tho employmentbook was produced, and it was shown that, on October 1, 1908, fivo men had signed the book as being out o£ employment on that date. It was also shown that a good joiner ought to be able to do ordinary stair work, but that geometrical staircasing was a special branch. One of the men who signed tho book, but who had signed only as a carpenter and joiner, stated that he had made staircases, but in cross-examination admitted that staircases re ; quired special skill, and that the ordinary carpenter and joiner in New Zealand did not do stairs. For the defence it was shown that staircase building was a separate branch, and required special training. It must bo remembered the men whoso names were on the register as out of work did not enter themselves as capable of doing staircase work, and that tho defendants dil not consult the em-ployment-book befon engaging tho non-union-ist. Clause 3of tho schedule to the award states: "Except in respect of stair-building, nc carpenter or joiner shall be paid by piecework.". This, lo his Worship's mind, clearlj indicated that it was a special branch, and, il a man claimed to be a proficient stair builder, he should state so in the book for thf information of employers seeking such hands, Section 20 provided tint, if the union failet to keep the employment-book in tho mannei provided, then any employer might employ anj 6' erson whether member of the union or not 'mlcr tha circumstances of the caso, lie considered that tho defendants were justified ir employing a non-unionist to do stair-building Judgment would be for defendants, but h( thought that they had-forfeited their right tc costs through not having consulted tho em ployment-book.