MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 798, 22 April 1910, Page 4

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.)

ALLEGED THEFT ON ,THE MOERAKI.

The sequel to _the disappearance of a lady's handbag, , 'containing articles of jowellery and clothing, papers, and £20 in money, totalling in value £120, from a cabin, on the steamer Mooraki while on the last trip of that vessel to Sydney, was.tho appearauco in tho dock of a man named Joseph Walker, a trimmer on tho steamer, who was charged with having stolen from Miss Ethol Beatrice Miles the articles above referred to. On the application of the police the accused was remanded till April 27. •

, ' STREET BRAWLS. Two' sets of belligerents were called to account for alleged threatening behaviour in-a- public place, thereby tndangering tho peaco of the.community. Alfred Groome and Norman Bounett, the participants in disturbance number one, which- occurred on the - Ferry Wharf, each pleaded guilty and wore convicted and fined 405., with the, option of seven days' imprisonment. William Welch and Terence M'Aleer (a!ia9 Cameron) were the other two.. Welch

pleaded not guilty, and was to some extent exculpated by M'Aleor, who pleaded guilty, and said that ho had initiated tho brawl. Both were convicted arid fined —Welch 10s., with the alternative of 48 hours' imprisonment, and M'Aleer 405., with the option of seven days' imprisonment.

ALLEGED BREAKING AND ENTER- ' ING. - A chargo of having broken into the building of Arthur Edward Preston at night, and stolen therefrom one duck, valued at 35., was preferred against a man named Henry Smith. On the application of the police, the accused was romanded till April 27, bail being allowed in one personal guarantee of £100, and two sureties of £50 each.

ROGUES AND VAGABONDS. Ada Florence. Wilson, alias Nellie M'Qually, and William Stevens, alias Walsh, who ■ were found "late at night by tho police in a shed on the Reclaimed Land, belonging to the Harbour Board, were charged with being, rogues and vagabonds. Each pleaded guilty,' and was sentenced to six months' imprisonment.

Eva Mary Vine was also deemed to be a rogue and a vagabond, but wasf disinclined to accept the hospitality of the Salvation Army Home. She was remanded for sentence till the following morning, his Worship suggesting that she might ."think it over" iu the meantime. •' :

A SERIOUS OFFENCE. ■ A man 'named Robert Anderson, charged with having committed m serious offence against a girl under 16 years of age, was remanded till April 27, on the application of Suh-Inspeotor Norwood.

INSOBRIETY.

' One first offending inebriate was convicted and fined 55., with the option of 24 hours' imprisonment.

Another pleaded not 'guijty to a. charge of having been found drunk in Willis Street on Wednesday, aud was ; remanded till April S3 'for medical 'examination.' . , ■.■•'.. , .

. CIVIL BUSINESS.. • (Before Mr. W. R. Haselde'n, S.M.) ! . ;. ;: :.-, , TRUCKS AND SLINGS.. An interesting point was submitted to Mr. Haselden by tho Wharf Labourers' Union (Mr. Menteath) and the Wellington Harbour Board (Mn'lzar'd),.' with respect to one of the clauses'in' the Wharf Labourers' Award. As counsel explained, tic parties had agreed to argue the point before the magistrate, by way. of. a friendly suit, or test case. . ■ • ,■-.

Mr. Menteath, for the union, sot out his clients' case as follows:—According to the first part of; Article' 15 of the award, the maximum truck' load to be handled by ono man was "as far, as practicable"' to be sJcwt.■'■,'• The second part of the article set forth that the maximum, load of-, slung' cargo—i.e., handled in slings—to be.: handled' by two men was to be 12cwt., "as far as practicable." ( The difficulty, apparently, was to determine : th6 latitude allowed by, the phrase "as far as practicable."'. In the case of cement casks, .there had been some difficulty on the wharf. The weight of a singlo cement cask was ;3cwt. 2qr. 121b., but for years it had been customary for tho truckmen to take two casks each, a load of 7Jcwt. The same < difficulty applied to the handling of cargo like-railway iron in slings. 'It , .:was difficult to exactly determine; the excess over 12''tons, allowed by'the .Jphrase.' "as- far'as-practicable." I Mr. Izard contended that tho'measure of practicability hadalready been determined by custom. Tho wharf iiien had for.-.'.years':■ trucked ' 7Jdw'.t. loads ■ of .cement, and those, who,' framed the award must • have been. aware of the fact. If the truckmen were limited to loads of 3Jcwt.—3cwt. 2qr. 121b. to be exact—it would become a serious question whether, cement casks ; would not have to be handled by horses. ; - - . His Worship stated that he would look into the' point, and give, a ruling in tho morning. . ' ' ■; ,■ Thero we're two .points, involving separate suits for the .recovery,of a £10 penalty in each, and dependent on the first and.second, parts of Article,, 15. But the same.phrase—"as far as prac-. ticablo"—affects both...

UNDEFENDED, OASES. Judgment for the plaintiff, by , tiefault," was entered wp in .each of'the. following cases i—John Rigg and Co. v. C. K. Dawson, £1 12s. 6d., costd 75.; Commercial : Agency, Ltd., v. James Woodhouse, £11 • 55.".; sd.> £2 10s. 6d.; same v. Percy Barrett/ 16s. 7d., costs 345.; Laery and' Co., Ltd., v. James Kimber, £15 25." lid,., costs 265. 6d.; P. Mackin v. William Uriah Batohelor, £4 Kis., ■ costs 10s.; Commercial' Agency,, Ltd.,, v. ..Proctor, and Proctor, £7 12s. 9d., costs 255.:6d.j Philip Joseph Nathan v.R. T. Wheelet, £48 155., costs £2 145.; "New.Zealand Times" Co., Ltd., v. JF. G. M'Mahoh, £17 55.-6 d., costs 30s. 6d; William J.Lankshear v. Thoma.s H. 'Ellis, £2 55., costs '10s. ',- • , ; ■ ~/

JUDGMENT:SUMMONSES. ; ', No orders were issued in' respect to the following claims by judgment creditors:—Herbert: Hill, Ltd., v. John Cook (amount, owing, £3 10s.. 2d.)} W.- ■P. Richards v. George Symington (amount owing £1 155.) • John V. Dyke v -William Rice (amount owing, £3 os. 6d.).'; ■. . • ...

DEFENDED CASES, / Judgment.. for .the ..plaintiffs was' given in the defended cases: Andrew, trilmore v.-, John - Thomas O'Neil, £3j costs 65.-(amount sued for, £4 18s. 3d.); and tho. same v. Walter.Henry Briggs, £2 7s. 6d., costs 6s. (amount sued for, £3 155.). ..■'■. :■.-..-