MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 821, 21 May 1910, Page 14

MAGISTRATE'S COURT.

SITTINOS ON THURSDAY. ADULTERATED PEPPER. (Before Mr. W. R. Haselden, S.M.) Charges of having sold adulterated popper were preferred against two retail traders, W. Y. Foon and David Webley and Co. Tho cases had been partially beard before Mr. Haselden, S.M., at Petono, and had been adjourned to Wellington to enable inquiries to bo made as to whether or not action had been taken against tho wholesale dealers indirectly concerned. Sub-Inspector Norwood stated that the police had now ascertained where .the samples had been purchased. One of the wholesalo firms had already been prosecuted and fined, and the case against the other firm had been adjourned because of tho absence of the manager. Under Section 14 of tho Sale of Food and Drugs Act the. retailers should have obtained a warranty from tho suppliers, which would have cleared them. Referring to the case of Webloy and Co., Mr. Toogood stated that the firm had purchased tho pepper in all innocence, and had no idea that the tins contained adulterated pepper. The wholesale firm which had sold , the pepper had already been prosecuted, and consequently counsel suggested that a nominal penalty would meet the case. His Worship entered a conviction, and fine of 10s., and costs 75., in each case. ABSENT WITHOUT LEAVE. (Before Mr. W. G.' Riddell, S.M.) A seaman named Patrick Barry, belonging to the steamer Tokomaru, pleaded not guilty to a charge of having absented himself from the vessel without leave. After hearing evidence for the prosecution, and accused not giving evidence in defence, his Worship entered a conviction and fino of 205., in default) 48 hours'. imprisonment. BURNHAM BOY AT LARGE. A plea of guilty was entered by a youth, Henry Matthews, alias John Henry Heath, charged with having on May 18 stolen' a bicycle, valued at £5, tho property of Ernest A. Gosling. Sub-Inspector Norwood informed tho Court that accused had absconded from the Burnham Industrial School on May 12, and camo to Wellington. He stole the bioyclo from outside certain premises in Lower Cuba Street. He had tried to dispose of the bicycle, but was not successful. Accused was convicted and ordered to return to the Burnham School, the bicycle to he given back to tho owner. • ALWAYS "TRYING" FOR WORK.

- Robert Stewart, a young man, was charged: (1) With being an idle and disorderly person in that he habitually consorts with prostitutes; and (2) with being an idle and disorderly person in that he has insufficient lawful means of support. Pleas of not guilty were entered on each charge. Evidence was given by Detectives Cassells, Hammond, and Lewis, who deposed that they had seen accused wandering about tho city for some time past. He had done a little work, but only a very little. When interrogated he was always."trying" to got work. Accused entered into a lengthy explanation of his mode of living, but the Court deemed tho explanation unsatisfactory, and entered a sentence of three months' imprisonment on each charge, the sentences to run concurrently.

OTHER OASES. Jack M'Kenzie Hay, remanded from ■Wednesday, appeared on a charge of failing to provide for tho maintenance of his illegitimate child. On tho application of Mr. P. W. Jackson, accused was remanded to May 27, bail being allowed in tho sum of £50 and one surety of £50. Mr. Fitzgibbon appeared for complainant. James Oollingwood, charged with insobriety, was , convicted and fined 10s., in default '48 hours' imprisonment. One first offender was fined 55., and another was convicted and discharged. CIVIL BUSINESS. (Before Mr. W. E. Haseldon, S.M.) ■UNDEFENDED CASES., Judgment for plaintiff by default of defendant was entered in the following civil cases: —Barber and Co. v. John Holmes, £47 4s. 9d., costs £3 16s. 6d.; Ohas. Mackio Begg v. TPm. Ernest Hughes, 6s. 3d., costs £1 75.; Kirk--caklio and Stains, Ltd., v. Mrs. A. C. Johnston, £15 2s. 6d., costs £1 11s. 6d.; Commissioner of Taxes v. Edmund Platt, £33 10s. 3d., costs £1 55.; Hickmott and Son.v. P. J; Fitzgerald, £22 55., costs £2 165.; Public Trustee v. Parau Manuao, £8, costs £1 19s. 6d.; Leonard Harold Estcourt v. Wm. Johnson, £1 25., costs 55.; Wylie Bros. v. Wm. Joseph Hunter, £9 11s., costs Bs. jWellington Publishing Company, Ltd., v. Jas. A. Smith, £3 35., costs 55.; Humphries Bros. v. Mary Ann Round, £73 15s. Bd., costs £4 7s. 6d.: E. W. Mills and Co., Ltd., v. Harry H. Ekins, £7 3s. 7d., coste £1 3s. 6d.; Sims Hardware Co., Ltd., v. Arthur E. R-ees, £6 18s. 3d., costs £1 3s. 6d.: Jones and Ashdown, Ltd., v. Edward Carnarvon Collott, £1, cents 55.;. same v. Henare Otoharo, alias H. T. M'Donnell, £4 75.-6 d., costs 17b. 6d.; same v. Jas. Rapley, £11 Bs. 4d., costs £1 12s. 6d.; same v. Alfred Lethaby, £4, costs 10s.; Clifton Hy. Dickerson Y. Hy. 0 Matthews, £13 14s. 9d., costs £1 10s. 6d.; eamo v. Simon Siegel, £48 12s. lid., costs £3 75.; Allan Marsh Williams v. Roland' Eagar, £5, oosts £1 0s v 6d. JUDGMENT SUMMONSES.. In the judgment summons case, the Wellington Publishing Company, Ltd., v. Henry Andras, a debt of £2 25., defendant was ordered -to pay the amount on or before June 2, in default two days' imprisonment. Orders were refused in the following cases:—Wellington • Publishing Company ?. John H. Baker, a debt of £5 4s. Cd., and tho Wellington Publishing Company v. John H. Evans, a d4bt of £24 Is. 4d. , CLAIM FOR WORK DONE. Christopher - Bentley, gardener, claimed £2 7s. 3d. from John Melville, for work done at the request of defendant. Plaintiff alleged that he was engagod by plaintiff at £1 per week. He had done three weeks' work, and'had only received 12s. Defendant denied that there was any contract with plaintiff. He had simply found something for him to do in order to lot him earn a few shillings. After much argument between the parties, in which plaintiff asserted himself vigorously, his Worship gave judgment for plaintiff for £1 12s. 3d., and costs 6s.

YESTERDAY'S SITTINC. SOME POLICE CASES. Two young men created a disturbance in Sydney Street on Thursday night, which disturbance resulted in both b6-

ing taken into custody. One of the hilarious duo —James Alexander Cavill —was charged yesterday morning with using obscene language, an allegation whidi he denied. Hβ did not recollect using the objectionable words, and set up, as part of his defence, an allegation that he was not in the habit of indulging in euch language. He was fined £3, with costs 4b., in default 14 days'' imprisonment.

The former acensed's comrade was called upon to answer a charge of intemperance. Being a first offender, he was convicted and discharged. Two other first offenders for drunkenness were similarly dealt with.

William Dugley admitted stealing a pair of boots belonging to Thomas O'Brien. It was stated that infurmant missed the boots from his shop-front. Ho notified the police of his loss, and] a constable found tho accused far away with the stolen articles tucked under his coat. A fine of £1, with costs Bs., was inflicted, an order being made that the boots should be returned to ■ informant. The default was fixed at seven days' imprisonment.