LAW REPORTS.

Dominion, Volume 3, Issue 903, 24 August 1910, Page 3

LAW REPORTS.

SUPREME COURT. TWO PRISONERS SENTENCED. UNPROVOKED VIOLENCE. ' ! George Johns, a young man who had pleaded guilty at Westport to . two charges ot assault, causing actual bodily harm, was brought before Mr. Justice Ciiapman for sentence yesterday morning. His Honour said the prisoner had not only violently assaulted ■ a man, but he had done so iwith a. knifo in his hand, and, not content with that, he had assaulted another man in the same way. lloth assaults wore entirely unprovoked. The prisoner was a young, man, but it was necessary to lake a serious view 'of such offences.- He would be sentenced to nine months' imprisonment with hard labour on each charge, the sentences, to be cumulative, making eighteen months in all.

THE BEST METHOD OF 'REFORM. A youth of 19 named Charles i Brooks, who had pleaded guilty at Blenheim. on two charges of theft, also came up for sentence. Mr. H. H. Ostler, for the' Crown, stated that on March 5 last the prisoner was placed on probation for eighteen months by the Chief Justice, following upon a conviction for breaking and entering and . theft. • "It seems to me," said his Honour in passing sentence, "that what is necessary in your case is that you'should be'put somewhere-where you will be taught to work. That is the best method of attempting, at -all - events, to reform a young fellow like you. , You are guilty of a very shabby act-robbing a friend, though the amount is hot large, and you are ; on probation now. You will be sentenced to twelve' months' • imprisonment with hard labour at Invcrcargill. You must remember that when you come out.from there you will still be on probation."

CRIMINAL'SITTINGS. ; A PRISONER ACQUITTED. ' In continuation of the criminal sittings of the Supreme Court, William Plain, carter, of Wellington, was yesterday brought before Mr:. Justice Chapman and a jury on a charge of misconduct. Mr. H. U. Ostler prosecuted, for the Crown, and Mr. P. E. Petherick appeared, for the accused. ... The jury brought in a verdict of not guilty,, stating that in .their opinion tlw evidence was not strong enough to rant a .conviction. . Accused was discharged..

MAGISTRATE'S- COURT,

(Before Mr.W. H, Haselden, S.M.) • TENANT TO PAY DAMAGES. • 'A SHOP AFTER SURRENDER, ' Reserved ... judgment •in the case of. Boby v. Mathews and Victor, una delivered yesterday by Mr. W. R. Haselden.' S.M. This was a claim for £M. Ms. 5d., as damages in respect to premises in Vivian'" Street, let to defendants, arid occupied by them as' a butcher's shop. At, the. time at'which, they were let they were partly used as a bootmaker's, shop and partly as a boarding-house. Defendants made cerluiu alterations in the shop, and plaintiff's agent was aware of what was being done, but both the agent and the,'clerk gave defendants distinctly to understand that they must restore the .premsies, and defendants agreed to do so. His Worship held that the notice and promise' had been proved. Victor left the partnership on March 8, 1909, after the alterations had been made, but no.change was made as, far as plaintiff was. ■ concerned. Defendants were held to be liable for some part of, tho damages claimed. His Worship assessed .the amount at £& 10s., with costs as per scale. . ' ■'"■ .i'..ni!> ■: ;;tu

*A CASE OP SAMPLES. The : adjourned case of -H."' Price'..and Co., Ltd.;' merchants, of' Wellington, against the,. New Zealand Express..,Co'., Ltd., of New ,-Plyin.outh,' .Has re-opeiied in. the' Magistrate's Court' yesterday. .Plaintiffs claimed .£37 18s. !ld., as value of travellers' samples,' which' had been' • entrusted to the' defendants on July 25 for conveyance from the lailway station to 'West.and Sons, ni New Plymouth, but 1 , which were'destroyed by fire while in; possession of defendants. Mr. Arnold appeared for the plaintiffs, and Mr. P. Or; Dalzielfor defendants. • ' . : Thomas John West, painter, New Plymouth, of the' firm- of. West and Sons, gave, evidence for the plaintiff, and further evidence was called for the defendant. Legal argument occupied over two hours. . '.'■:■■■ His Worship reserved decision. /. UNDEFENDED CASES. Judgment by default was given, for plaintiffs in, the following undefended cases:-r., .... , South Pacific Mortgage . and Deposit Company, Ltd., v. Leonard Kexton, Armstrong, £W.- 2s. 6d., costs' £1 Bs. Bd.; Wellington. City .Council, v. Arthur. Henry S v Lucas, £3 17s. 7d., costs 55.; Urquhart and' Islier.wood v. Annie Lowe, ,63 75., costs lis.; Wellington City Council v. Edward Burney Garven, £b 3s. 10d., costs 10s.; : Amalgamated 'Society of Carpenters' and Joiners' Industrial Union of Workers v. Herbert Murdoch, 15s. 3d., costs 55.; Jessie Packed v. A. C. Archer, M 7s. 9d., costs 135.; Robert Holliday and Co. v. Frederick Davies, £1 2s. 6d., costs 65.;. Christina Johnston v. Susan Dorees Williams,' ,£6' 10s., costs .£1 3s. 6d.

'. JUDGMENT SUMMONSES. Alfred Bacon, was ordered to pay J!l "19s. to the (,-iear, Meat-I'reserviug. and freezing Cumpany of New.Zealand; Ltd., on or before September C, ill default two days' imprisonment. . Harold Alfred Dooney was ordered to pay iEI 7s. to Leslie Harold : Estcourt on or before September 6, in- default twenty-four: hours' imprisonment. In the judgment summons.case of the Wellington Amalgamated Society i>t Cooks' and Waiters' Industrial Union of Workers v.. William Kogers, .defendant was ordered to pay .£2' 7s.'.forthwith, in default two days' imprisonment,' warrant'to bo suspended so long us defendant pays 2s. (id. u week off the amount. . Ernest Clifton was ordered to pay <£1 3s. to the Wellington Cooks' and Waiters' Union on or before September 6, in default twenty-four hours' imprisonment.

: OTHER ■ CASES. In the civil action brought by thv Southern Sales, Ltd., against R. F. Pabian and Mrs. 1 A. L. Fabian, a claim i'or J852 12s. 7d., judgment was given for tho plaintiff against R. P." Fabian for the .amount claimed, with costs • £1 12s. ii.; also that the plaintiff recover against Mrs. A. L; Fabian tho amount claimed, and costs £1 75., to be payable out of her separate property. In the case of David Ross Lewers v. Frederick Brown, a claim for possession and £7 155., it was ordered that plaintiff recover possession and £o.

POLICE CHARGES. (Before. Mi. \V. 0. Riddell, Si.M.;.- . "REMEMHEKED NOTHING." , John Redmond O'Donaghuc was charged with theft, on August' 11,. of a book .value is., the property of John Flockton. Police evidence was to the effect that accused, while under the influence of drink, had taken the book from tho outside of Air.- Flockton's establishment In Manners Street, placed it under his coat, and walked away. . In defence, accused stated that he re. membered uotlung of the occurrence. ■There were previous convictions against him, .but, as lie had not before been convicted of dishonesty, his Worship decided that a iino would meet the case. A fin? of 10s. was imposed,- with witnesses' expenses Bs., in default IS hours' imprisonment.

OTHER CASES. John O'Brien appeared to answer 'i grave charge alleged to have been committed in Broadway Terrace. Mr. V. B. Willis, on behalf 'of accused, asked I'or

a .remand till August 2(i, and'his Worship acceded. Bail was fixed at XW, and one surety of £10. The case was again called in the afternoon, when accused entered a plea of guilty. Mr. J. •'. -M'Grath, who appeared on his hoha'.i, asked for leniency. His Worship imposed a fine of i'o, in.default one month's imprisonment. Kate Calvery, on a charge uf importuning, was remanded until this morning for sentence, his Worship instructing the police to make inquiries as to whether or not the Salvation Army authorities would admit her into the Home. t Two first 'offending inebriates wore fined 55., in deiaulc 24 hours' imprisonment.