MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 875, 22 July 1910, Page 9

MAGISTRATE'S COURT.

I (Before Mr. W. G. Riddell, S.M.) LAWLESS YOUNG MEN. THE PARAPARAUMU AFFAIR, The two youths, Chas. King and Frank Dean, who were arrested ill connection with tlui Paraparaumu shooting affair, appeared at the Magistrate's Court yesterday morning, .charged with the attempted robbery under arms of one Yong King 011 Sunday, July 10. Yong King, market gardener at Paraparaumu, stated that on the morning in question the youths appeared at his open door and accosted him. Ho could not understand what was said, and presently they botli presented revolvers at him. Ho immediately rail outside and called to his mate, Yong Dim, who was out in a paddock close by, and the two youths then ran away. Dean mads for the bush, but King stopped near a fence and discharged his revolver at witness, and then made oft' up.the hill. Yong Dim, partner of the former witness, corroborated Yong King's evidence, but stated that King fired twice at him. 1 William M'Donald Clunie,. farmer, living at Paraparaumu, was in his cowyard when he heard Yong King and Yong Dim coming from the direction of the bush. Yong Dim was chasing the accused King, who, when about 20 yards away from his pursuer, turned and fired a revolver. King then got on to a gate and shouted "Slop you or I'll shoot you." He held his revolver pointed in Yong Dim's direction, but did not fire. James Lean', tablet porter, residing at Paraparaumu, gave corroborative evidence. Chas. Edward Rainsford, storekeeper at Paraparaumu, stated that on account of representations made to him he telephoned to Constable Satberlcy, of Otaki, and shortly afterwards drove with a Mr. Heffer to the bush near Yong Kind's house. He met accused Dean, and invited him to get into the trap, which he did on the second invitation. When Dean was in the trap lie (witness) searched him, and found a fully-loaded six-cham-bered revolver in his possession. On the following Wednesday lie also found a seven-chambered revolver, with an empty cartridge in it in the backwash of the Waikanae liiver. Constable Satherlcy, stationed at Otaki, stated that ho received a message by telephone that there .was trouble at Paraparaumu on Sunday, July' 10, and while driving in that direction met accused King about two miles from Paraparaumu. lu answer to questions ac-

cused gave his name ns Edward ITatley, and stated that ho was on his way to Palmerston. Having no suspicions, lie did not arrest him then. He, however, arrested Dean, who said that his namo was Frank Wilson, of Melbourne. he arrested King at Te lloro, and on tlmt occasion accused admitted going to the Chinaman's house and ordering him to put up his hands and pointing a revolver at him. , •; , . Detective Cassells stated that Iving had admitted the charge, hut maintained that it was. done in a joking manner ' after reading about Powolka." . 'l'he two accused pleaded guilty ami were committed to the Supreme Court for sentence, bail being allowed as formerly. OTHER CASES. ' Four first offenders, charged with insobriety, were each fined 55., in default 24 hours' imprisonment. One first offender, similarly charged, was convicted and discharged. John Mal'heson, charged with indecency in Cuba Street, was lined £5, in delimit 11 days' imprisonment. Alfred Cross, charged with disorderly conduct while drunk, was fined 405., in default seven days' imprisonment. CIVIL BUSINESS. (Before Mr. W. R. Haselden, S.M.) THE UNDEFENDED CASES. Judgment was given for plaintiffs by default in the following undefended cases:—Commissioner of Taxes v. William J. Emery, £5 Gs. 'Id., costs Bs.; same v. William M'Leod, £2 Os. lid., costs 55.; W. B. Struthers v. Ernest Glanville I ticks, Jill 155., costs 10s.; "New Zealand Times" Co., Ltd.; v. Sutherland and Hollick, 155., costs 55.; P. Mackin v. Charles Smith, J25 Us., costs 135.; -Kirkcaldio ami Stains', Ltd. r. Arthur Shine, £5 10s„ costs .£1 3s. Gd.; E. J. Forbes v. 11. W. Hall, £i 10s., costs 10s.; Herbert Price v. Edward Jackman, IBs. Gd., costs fis.; same v. George lteid, J!1 15s. (id., costs 55.; same v. James Gibson, .£1 10s. lid., costs 55.; Kirkcaldie and Stain, Ltd. v. Edward Freeth, £7 Is.. 3d., costs .CI 3s. Gd.; E. W. Mills and Co., Ltd. v. Frank E. Shellack, lis. 10d„ costs 55.; Cycle and Motor Supplies, Ltd. v. Canning and Co., JE32 ss. 10d., costs .£2 145.; C. T. Midlane and - Co. v. Edwin B.olloway, <C 5 10s., costs .£1 3s. Gd. JUDGMENT SUMMONSES. Iu the judgment summons case of Albert Anderson v. Stephen Henry Matterson, a claim for «£3 355., defendant was ordered to pay the amount 011 or before September 10, in default three days' imprisonment. Albert B. James was ordered to pay £1 Is. to Kee Cliong and Co., in default one day's imprisonment. No order was made in the case Ethel R. de Costa v. Frederick Schlaich, a claim for .421 2s. Gd. FOR WORRIED SHEEP. Reserved judgment was given in the otiso Mitchell v. Seager, a claim for .£ls 155., valuo of sheep alleged to have been worried by •defendant's dogs. Judgment for plaintiff for .£5 lGs., was given with costs .£0 4s. Mr. Dix appeared for plaintiff and Mr. O'Leary for defendant. MORTGAGE MATTER. In the case of Cyril W. Tanner (for whom Mr. W. H. D. Bell appeared) v. Frances and Charles K. Hare (Mr. JJ. J[. Findlay) a claim for .£IOO, balance of principal on mortgage executed by, defendants ill favour pf plaintiff, further evidence was taken. Defendants counterclaimed .£IOO damages and coats of action. Judgment was reserved. STEAMER'S ACCOMMODATION. . William Lovell, a seaman lately cmployed oil the steamer Huia, sued the Wellington and Wauganui Steam Packet Company, Ltd., for .£2O daniages alleged to have been sustained through the defendant company failing to comply with the provisions involved in the Shipping and Seamen's Act, 1908. Tho plaintiff's statement of claim was that 1;. Decernta) inn, w/ille 111 defendants', employ, as a seaman on s.s. Huia, ho fell a victim to laryngitis, and on December 13 was discharged still suffering from the complaint. He was ill for fourteen weeks, and alleged that defendant compau.f failed to provide for bis maintenance, and to deposit a sum of money equivalent to his wages up to the timß of Ills reeoveiy or discharge, as provided for by the Shipping ami Seamcos Act, 1903. Mr. Hindinarsh appeared for plaintiff and Mr. Kirkcaldie for defendants. Dr. Fyffo gave evidence to tho effect that plaintiff was suffering from laryngitis 011 December 14. Witness advised him to take a week off. On seeing Lovell again on December 22, witness told him to take three more weeks oil. On January 13 plaintiff was fit for work, but still had traces of the complaint. From what plaintiff told him, he assumed that Die sanitary' arrangements ;if 'the lluia wero defective; 750 to 1000 cubic feet of uir was needed for sleeping, accommoda<iou. William Lorell, A.8., seaman, stated lie joins! the Huia; on September 1G last, and left through illness on Jecemner 13. He first took ill while working in the hold of the vessel. He complained to the captain, and asked to be ullowed to put a man ion in his place until ho was able to resume duty. The eaptnin, however, told him that ho would have to sign right off Hie articles. After recovering, lie called frequently on the captain, but was told that there was no vacancy. The accommodation 011 the Huia was defective ill regard to ventilation. William Laiighton Jones, secretary to tho Seamen's Union, also gave evidence corroborating certain statements made by the previous witness as to portholes which could not bo opened. Peter Quinn gave evidence as to the general state of plaintiff's health. Mr. Kirkcaldie contended that plain--tiff had 110 action in this case, but could bring an action under the Justice of the Peace Act to enforce a fine upon tho master for breach of duty. If an action did lie at all, it was against the master, and not against the owners. Thirdly, if tho action lay against either master or owners, plaintiff must prove that he had left tho ship by reason of accident or illness contracted while aboard. After evidence- by Albert James Dowell, master of the Huia,- further hearing was adjourned.