MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 831, 1 June 1910, Page 9

MAGISTRATE'S COURT.

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

THE KNIFE OF THE BUSHMAN

AND THE CONSTABLE.

A bushman named Alex. Hulpberg was charged (1) with insobriety, aim (2) witn having assaulted Constable Squires. Accused pleaded guilty to both cliarges. Hub-inspector Norwood stated tliat accused was arrested at 2,30 on M°'<*« afternoon, very much under the influence of liquor. Constables Squires and Dempsey put the -accused into a cab, and when in the cab it was noticed that Hulpherg had a knife in his hand. He asked if he could have a sinokn. and the cons able replied that he certainly, could not ligttt up in the cab. Tho constable then demanded possession of the knite, but the only reply by Hulpberg was a threat to put tho officer through the enh wiwl ™- He followed this up by further threatening to stab the constable, and flourished the weapon in a way that suggested an impending assault. Realmn,, that it was a situation demanding action the officer grasped accuseds wrist and in the strugglo the knifo was drive" into Hulpberg's leg. Unfortunately tot prisoner, the weapon was ns sharp a: a razor and inflicted a wound which necessitated tho attendance of Dr. Henry. Mr. P. AV. Jackson (for accused stated that his client did not know what ho hod done, lie was so mad with drink, it was not a case of actually drawing a knife on the constable, as accused had had it in his hand when arrested, being then in tho act of cutting tobacco lhe struggle had supervened with uniortunute results. . On the charge of insobriety accused was convicted and discharged, and on tne second charge he was fined S3, end costs £1 Is, in default 14 days' imprisonment. ' ' "KNOCKING DOWN" A CHEQUE. A sturdily-built man named Daniel Morris pleaded guilty to a charge of being an idle and disorderly person, in that he habitually consorts with reputed " 'chief' Detective Brobcrg stated that for a month pnst accused had been Kllmg about town. Ho was a very old offender and had twenty previous convictions "Accused stated that he had previously been working in the country and had | come to town with a cheque. Unfortunately ho had got in with bad company. Ho would got back to the country if the court would give him the opportunity. His Worship, to the Chief Detective: "Do you know if that statement is corChiof Detective Broberg replied . that hi had heard tin.- sumo story from accused before. He had told it the last time he was before the court. His Worship remarked , that, he was afraid that accused l must be convicted. A sontenco of three months' imprisonment wus entered. • OTHER CASES. A young man. named Walter Thompson was fined 205., in default seven days' imprisonment for haviiiß been found drunk while in charge of a horse and trap. On a charge of driving a vehicle after sunset without a light, he was iined 10s., in default 43 hours' imprisonment.

Ruby Kirk, alias, Prosser, was charßcd: (1) 'With insobriety, ami (2) with procuring liquor during the currency of a prohibition order. Accused pleaded not guilty, lmt bis Worship, after hearing the. evidence, decided against. her, and entered n sentence of three months' imprisonment on the first charge. On tho second charge she was convicted and discharged. A middle-aged man, charged with having been found in a state of helpless drunkenness, was convicted and ordered to pay medical expenses, £1 Is. Two first offenders wern fined 5a., and a third first offender was convicted and discharged.

CIVIL BUSINESS,

(Before Mr. W. R. Hascklen, S.M.) UNDEFENDED CASES. Judgment was entered for plaintiff by default of defendant in tho following eases:—Wellington Trades Agency, as assignees of Oscar Hewet't and Co., v. Kate Preston, £i, costs 10s. j Alexander W. Hogg v. Mrs. George Oxspring, £i 75., costs £1 3s. 6d.; Geo. Doughty and Co. v. Alexander Ross, £i 17s. 9d., costs 10s.; J. B. Tuckle and Son v. Bruno H. M'Croady, .£27 Bs. Id., costs .£1 75.; Joseph Taylor v. Peter Bitossi, .£3 2s. 9d., costs 125., tame v. Chus.. bclniltz, £1 16s. !)d., costs lls.; John Daly Hayes v. John Hobbs, .£2, costs 55.; Fred T. Bowerbank v. Owen Gough, X 3, costs 10s.; Hutt County Council v. Walter Moore, £7 13s. 3d., costs £1 ss. Cd.; Bunny, Pethcrick, and Ayson, v. Reginald Leslie Vail, .£5 Bs., costs £1 3s. 6d. ; Wellington 'City Council v. Mercia Elliott, £6 is. 7d., costs •Js.; New Zealand Farmers' Distributing Co. v. John Hamilton, jun., £1 12s. Gd., costs 55.; Robt. Hannah and Co. v. Flora Watson, £1 Is., costs 55.; Wellington Biscuit Co. v. Herbert Boagey, ,£8 ss. 3d., costs £1 3s. (id.; Chas. H. Jones v. Chas. M'Farlane, £6, costs JGI 3s. 6d.; G. H. Thornton v. Albert Eustace, £3 15s. !)d., tosts 10s.; Gear Ment Co. v. Chas. Wm. Millar, £1 10s. Bd., costs 55.; Hooper and Harrison v. Wm. Downie, .£5 Gs. Bd., costs £1 3s. Cd.; Wilson, Pechter and Co. v. Thos. W. Wills, ,£l7 Bs. 8d;, costs .£1 10s. Cd.; P. Mackin v. Arthur Cole, £3 10s. Cd., costs £1 os. 6d.; F. B. Gormley and Co. v. Percy Taylor, .£1 13s. 7d., costs 135.; Wright, Dixon, and Witt v. Georgo Gray, £1 10s. 5d., costs 10s. JUDGMENT SUMMONSES. In the judgment summons case- Bates and Lees v. It. Collett, a debt of ,£5 10s., debtor was ordered to pay the amount on or before June- 14, in default 14 days imprisonment. In the case Eesson, Ltd., v. Joseph Jns. Moore, a debt of £S 4s. lid., debtor was ordered to pay on or before Juno 14, in default six days' imprisonment. No order was made in the case P. Mackin v. Harry Adams, a debt of £8 135.,6 d. CLAIM FOR COMMISSION. John Wm. Mackaj-, commission agent (Mr Hislop), claimed .£B4 10s. from lira. Feridns, builders, etc. (Mr. A. R, Atkinson), on the ground that he was emploved by defendant to introduce a person" who would exchange certain iarm lands for certain city property owned by defendant. Plaintiff claimed that he introduced a certain person, who entered into a binding agreement, and that he was entitled to 21 per cent, commission on the value of the country property exchanged. Evidence was called to show that the exchange had not been completed, as it was found that there was a mortgage on the land owned by the person introduced by plaintiff. The agreeliient it was stated, provided that the laud'to be exchanged should bo free of "'plaintiff urjrcd that he had earned his commission when he introduced a party with whom a binding contract was enteral into. . His Worship reserved his decision. A BOUNDARY FENCE. Another step nearer finality was made in n much-adjourned case, Annie Deckston (Mr. 1. , . W. Jackson) v. Wm. John Briuiigniv hotclkccpar (Mr. Jl'Giath), a claim for £3 13s. Cd.. being half Ihc rust of erecting a lmtindary fence between sections at Taita, in which the parties are interested. His' Worship decided that lie should inspect the fence, and reserved his decision until the inspection has bjen made. The decision will be givcu at the Lower Hutt.

"EXTRAS" IN BUILDING CONTRACT. Ikscrved judgment was delivered by Mr. Haselden, S.M., in tho case Henry Mwni Manning, contractor, v. Alfred J. v.-rartiiock, engineer, which case had boon referred to an arbitrator. The claim was for .£9O 18s, amount alleged to bo emo tor extras ordered by defendant in connection with the erection of a fiveroomed dwelling at Uoseneath. His Wors r .c? , cntore 'l judgment for plaintiff for Mb lus. l)d., and costs JilO lls. .Mr. Blair appeared for plaintiff, and Mr. Arnold for defendant.

ARBITRATION SETTLEMENT. A decision was given in the case fetephen Harris, builder, v. Sarah Larkm, a claim for .£7O i≤. 3d. for extras in connection with the erection of a dwelling at Wadestown. Defendant counterclaimed for JIG 15s. 3d. The caso had been referred to arbitration.

His Worship entered judgment for plaintiff for £id y s . 9d., including JE3S Ms. Gd., which had been paid into .Court, on tho claim, and costs JilO 12s.

Judgment was given for defendant in the counter-claim for £2 4s. and costs 2s. Mr. M'Grath appeared for plaintiff, and Mr. P. \V. Jackson for defendant. POSSESSION OF A PIANO. Mr. Hnselden, H.M., delivered his reserved decision in the ease of John Hall Flockton (Mr. D. Jackson) v. Wm. Henry vVebbc (Mr. Blair), a claim for possession of a Hosener piano, or ils value. At the original hearing it was shown that plaintiff purchased a piano for £W iroin one Falkiner, defendant's agent, in \Ycllinifton. Plaintiff had no room m his shop for the piano, and ho loft it in the agent's showroom for the time being. At length Webbo entered into possession ot the Wellington agent's shop, as a result of irregularities on Falkmer s part, which have already been inquired into in tho Supreme Court, and he took possession of the pianos in the shop, including the one said to have been sold to-Florkton. , , . . His Worship gave judgment for plaintiff for the return of the piano or its value, .615. and costs £i 10s.