MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 478, 10 April 1909, Page 11

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) FRUIT HAWKER IN TROUBLE. John M'Coy, alias Lagal, pleaded guilty to a oharge of having at Wellington, on February 13, obtained the sum of £5 from one Marjory Pike on term's requiring him to account for the same to her, and'that ho fraudulently omitted to so account for'the money. Chief Detective Brobcrg stated that Mrs. Pike was a fruiterer in a small way in Newtown. In February she engaged accused to work for her, and advanced him £5 to hire an oxpress and purchase- peaches to sell about the city. He sold the peaches and absconded to Auckland with the money. Ho had a number of previous convictions against him, including assault and robbery, vagrancv drunk and disorderly, and resisting' the police. ••■ ' Accused said ho was only to pay commission on the deal. Ho'-had a job to go to in Auckland, and if he'had'the chance to go back would repay,the' money. A sentence of three months' imprisonment was entered. ,'■■ MEANS. Ada Lister, alias O'jgagan, was convicted and sentenced to three months' imprisonment on a charge of being an idle and disorderly person within tho meaning' of tho Polioo Offences Act, 1908, in that she has insufficient lawful means'of support; ■■■ Aeouscd was before the' Court on the same charge a few days ago; and was convicted and ordered to como up for'sentence when called on, on condition that she went into tho Salvation Army Home. • She left tho Homo on Sunday last. BEGGING ALMS. ' Wm. Hy. Mitchell was charged, with being an idle and disorderly person in that he placed himself in Taranaki Street for the purpose of begging alms. Accused, who had just como out of gaol, after serving throe months for vagrancy, was seen followin" a visitor from the country with monev. "lie was heard to ask tho visitor for monev, and was arrested. A sentence of three months' imprisonment was entered. OTHER CASES. Sarah Burns and Minnie"Bisiuan, charged with importuning, were remanded to appear on April 14. Bail was allowed in the sum of £0, and ono surety of £3 in each case. An old man named Alexander Stephens was convicted and ordered to come up for sentence when called on on a charge of having been found at ll.oO'p'.m., on April 7 without lawful excuse, on the premises of John Boucher, 95 Molcsworth Street. It appeared that the old man, who had been drinking, wont into Mr. Boucher's washhouso and fell asleep. Win. Tierncy, charged with insobriety, was convicted and sentenced to two months' imprisonment. Samuel . M'Reynolds, also charged with insobriety, was fined 10s., with tho alternative of 48 hours' imprisonment. Four first offenders were fined 55., and another was convicted and discharged. Bertha Harris, charged with having, on April 3, stoical a lady's fur, valued at £2 *li« -* V.oHy Dalx. was remanded to

April 10. Mr. Meredith, who appeared for accused, asked for bail, which was allowed in tho sum of £10 and ono surety of £10.

AMATEUR THEATRICALS. "OUR REGIMENT" US COURT. (Before Mr. W. Q. Radon, S.M.)' Tho partially-heard civil claim in rcfcruno to tlio royalties on tho production of Ui comedy "Our Regiment," rn which Wn. M Tilson, London, auod Dunbar Sloano, cliomist and Leonard Brookes, rate collector, for £11 155., was again before tho Court on Thura day. Tlio statement of claim put in at-tin original bearing of tlio caso set out thai plaintiff was tho registered propriotor of tin copyright of "Our Regiment," threo per formanccs of which wore given by defendant* and others (tlio Mountebank Dramati< Society), in 'Wellington, on September 28, 29, and 30, 1008, without tho permission of plain, tiff's agent and without paying tho royalty claimed by him. Tho claim was for royalties for the production. ' Mr. Gray appeared for plaintiff's roprosenr tativo, Mr. Royle, and Mr. Hislop appearc? for defendants. Leonard Brookes, a member of tho Mountebank Society and business manager at tinproduction of "Our Regiment," stated tha'" 1 he went to see Mr. Roylo, plaintiff's agenf in company with Mr. Sloano, previous to th production of the play, when Mr. Roylo sat there was a royalty,to pay on tho plaj Sloano asked to whom tho royalty had to b paid, and Mr. Roylo said to him (Rovlo). Hi also said tho fco was £10 10s. per.night, witfi a reduction to £5 ss. if paid before tho performance. Sloano said tho society had no funds and Roylo suggested that tlio royalty should bo paid out of tho receipts at tho box office. The matter was left at this, and was discussed by a mooting of tho society, but no decision was arrived at, and tlio matter was allowed to drift after Mr. Royle's nght to tako tho royalty had been questioned by some members. Mr. Roylo was not advised ot this., After the play bad been produced, Mr. Roylo rang witness up, and ho (witness) told him that tho club would require somo evidence of bis (Royle's) right to collect the royalty. Tho authority was not forthcoming. Subsequently Mr. Roylo told witness that if thirty guineas was not paid within a stipu-. lated time n summons would issue. To Mr. Gray: Arrangements were made to produce tho play • without inquiring into tho matter of royalties. There was a notice on tho front of tho books from which the company learned their prices about royalties, but witness had. not seen it. On a previous occasion tho society had produced tho play without any feo being demanded. Witness did not know that that was because there was then no properly-constituted agency in Now Zealand. Dunbar Sloanc, chemist, remembered s representative of Mr. Royle's calling on him and saying in a joking way that a royalty was duo, but tho matter was tlion dropped. On interviewing Mr. Roylo later tho mattei was revived, and Roylo refused to tak« witness's cheque for tho royalty, saying there would be plenty of nwnoy in tho cash box. Before leaving, Roylo was asked to forward his claim in writing. The matter was subsequently discussed by.the committee of tho society, when it was stated by on« member that tho royalty should bo £3 3s. The question thon dropped. Witness had further interviews with Mr. Roylo, and at tho end Roylo demanded thirty guineas, in default of which ho said he would issue s summons. Francis Hy. Lampen, a membor of the* Mountebank Dramatic Club, stated that ho had a copy of the play, and from it ho and others copied tho parts. Witness had taken part in. "Our Regiment" on eight occasions in various parts of tho world, and tho royalty had invariably been £3 3s. After hearing legal argument at considerable length, his Worship reserved his decision.