MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 844, 16 June 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Eiddell, S.M.) FALKINER BEFORE THE COURT. • INFORMATION C DISMISSED. Tho central figure in the piano cases which loomed so large at tho last criminal sitting of the Supreme Court, Edward John Falkiner, appeared on remand nn the following charges - :—(1) On August 8, at Wellington, by means of false pretences and misstatements, lio did induce a Post Office olh'cial, David Lochead, to deliver to him a postal packet sent from Auckland, and not addressed to him, viz., i\ postal packet addressed to Louisa Robertson, and (2) that on August 8 he did open a postal packet sent from Auckland and addressed to one Louisa Robertson. Mr. W. H. D. Bell conducted the case for the prosecution, and Mr. Dunn for defendant. Mr. Bell asked that the second charge should be amended by the alteration of tlin name Louisa Bobertson to Paminont. Mr. Dunn objected to this, and it was decided to tako a remand to Juno 23, no amendment to be made in tho meantime..

Evidence hearing on the first charge was given by Henry W«libe. manager of tho London nnd Bnrlin Piano Company, Auckland, who stated that accused was his agent in Wellington, and was sent pianos on consignment. Accused was supposed to make entries of all amounts dne hy various clients. Account cards wero sent cut to each client, theso cards , being mado up from the reports sent from the Wellington agency. In the course of his dealings witness came across tho nnmo of Louisa Robertson ns having purchased a piano on Jlay 22, 1909. There was no entry in accused's lodger to this effect. Accused was entitled to a commission of 15 per cent, on all sales. One card was sent direct to customers from tho head office, and not through/ any agent. A card was sent to Mrs. L. Eobertson, and it never canio back., nor iiad witness heard any more about it. David J. Lockhead, clerk in the Post Office, stated that ho had linen employed as a clerk in the Dead Letter Office. He knew ncoused, nnd had had a conversation with him in reference to what he said was his uncle's business. As a result of tho conversation witness gave a'ccu.'ijd certain letters, including one addressed to Airs. Kobcrtson. These letters had already been returned to tho Dead Letter Office, and in due course would have been returned to Auckland, whenco they had come, if accused had not mado tho representations ho did. Accused said the addresses were constantly changing, and he would re-address tho letters.

Evidence was given by several other nloi-ks employed in the Dead Letter Office to the effect that, knowing Falkiner to bo the representative of the Piano Company, they had handed over letters to him, as he said ho would re-address them as the addresses were always changing. Air. Dunn submitted that there had been. no evidence to show that Sirs. Robertson had not (tiven accused authority to receive the letter. No evidence had benn given of false pretence or misstatement on accused's port. Mr. Bell \irged that the representation mado by accused in the Dead Letter Office had beSn shown to be false. His Worship said it was clear to him I hut the postal authorities were to blame fnr giving the letters to accused. They took too much for granted. The information would bo dismissed. VAGRANCY. Eliza Southoy, alias Tall, alias Booth, and Mary Joyce, were charged separately with being deemed rogues and vagabonds in that they have insufficient lawful means of support, nnd have been previously convicted of being idle and disorderly persons. \ It was stated by the; police that both women had been convicted and ordered to come up for sentence when called on, on condition that they went into the Army Homo and remained there for n period of six months. They had both left the home. A sentence- of six months' imprisonment was entered in each case. CIVIL BUSINESS. AN INDUSTRIAL MATTER. The Amalgamated Society of Carpenters and Joiners brought a case on the civil ride of the S.M. Court against a former member of tho society, Francis George

King, for the recovery of £1 15s. Id., arrears of payments. Mr. Hindniarsh, who appeared for the eocicty, stated in opening the case thai a good deal turned on the case, although the amount of tho claim was small. ■ In 1907, defendant, then a member of Hie society, joined the Government service. The Government was not bound by any award, and although the society, had prei forence to unionists, there waft no reason why a mini should remain a member of the union when ho obtained work from the Government. It thus happened that when a member joined the Governmeint he cea.--«l to ecnt.ribut? _ t.o the society. The rules of the society were very complicated. Defendant had not resigned, but the society contended tjiat he wns struck off, and was liable for the arrears. For the defence it was urged that defendant was a member of the general society, but not a member of the branch of the society registered in Wellington under the Industrial Conciliation and Arbitration Act. • ; After argument at some lengMi as to what constituted a termination of membership, his Worship reserved his decision. Mr. Atkinson appeared 'for defendant.