MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 927, 21 September 1910, Page 5

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) A, BRUTAL ASSAULT. ' •> FIGHT AMONG FIREMEN. • './Patrick; Dean/and' .Charles: Waters v -wsre.charged'witK assaulting' V -'! one '.Joseph Murphy oii September 19. • Each acfcused pleaded liot - guilty.' .-. - Joseph' Murphy,- fireman on the To- ■; r ' 'i Newark,; yia r pprts -/;■ '*'liis f aco/consider'ably bruised'-., .'and:;cut about: - He, stated thafc.;lie:-liad;rc- . turned to ship;"'oil - about twenty ininirtesto eleven, 'ivlle ■ saw; Dean, when ho .went'into tlie;forc- '. Dean, struck him. Tho. two accused then followed on'deck arid brutally.assaulted, him. Ho scrcamed . ;fof-moricy," but was shown" lione'.'i Percj' Johnson,'quartermaster on tho .//TombanaX'.ga^^ Y: Dean was on top of.- hinij' '.There wer.o ; jother;:meh.statiding!'roundand; he' .did ; not care' to/attempt' to separate them. In defeuco the accused: Waters stated that' Murphy. Hruck him. once and .ho. struck himback'; in; self-defence. ■ The. accused Deaii 'stated that ho - was'. in' ; bunk when, Murphy , arrived home; drunk.' ; . Murphy pulledhim out of bed aud in-. . sisted on quarrelling with;him.';:: ; l)eari wanted tb;put.tiio quarrel -off until. - Murphy was' sober; - but Murphy- pergisted; that tho two: of' theni. should :!. /fightS'at ;qnce.i ■ His .Worship; jsaid .that- the accused ■v.;; couid .have'.quietened .Murphy .' without: - inflicting ..the ."hiding", which -the. lat- . .tor.'had received.' ." 'Dean, appeared to be. . tho : .worse, offender , and would be coh- . victed and fined 20s. Waters - would bo .: convicted and..fined -10s.:> ;Tho default-- . in each case would .be 48 hours' lmpris- : onment; but . in'-.'tho' event.'of. the v-,-fiteaiiier;|sai3iiig' , :befoi'o that; time,- -: >tho' p.; men. weijb' to' be. placed aboard.. ALLEGED ROBBERY. Jesper . Arnold Moran was 'charged , ■"■' with ■ ti>at,-TpriSeptember 19, at Wel"lirigton, |ho; did assault ; and rob ' oiio , Alfred. Imxio. of.. a.-'gilyer. i ,w"atcK) > 'a : wrist: . band,..and an overcoat, and cap, -of a ';';" ; :-t6tal- 1 'valuei , *;. of - Alfred. Ivnrie. ■ -'i'..-,-,*, ;;, .'v.Mr. V.. It.: Meredith, who appeared l for accuscd, applied for' a remand and '. asked-for bail to bo fixed. ;. . •• ' •' ' A remand- was granted until • Septem•.•Jber>2B,' bail, being-'allowed-iii £50 and . : two. sureties of £25 each; V'.; ; V r> F: ; : : '--'ifJ;/ " , ! '" OTHER CASES. John .Gill,, who was charged, with drunkenness,, was .deemed to .be a liabitual .inebriate, and : was sentciicedto 1 r one'month's 'imprisonment. , For a breach of a proliibitM border,:'tlib same ; accuscd was convicted and ■: discharged. Ja m es M'Michael, .for, druhkenness, was -;i,fined- 20s. j ; in. default .seven-.-days',ini- .-.- prisonnient. :* ";i.--.■" ■ CIVIL BUSINESS. (Before Mr. W. R. Haselden, S.M.) OPERATIONS IN SHARES. Reserved judgment was delivered yesterday by Mr; W.' R. Haselden,: S:M,' in the case of: Gnalter,-Dykes, - and' Go. :/V. Andrew Beggs, a claim fbr'£ls<l 19s. .;;Id:, amount'alleged.;to be due for work ; done;; and money : spent on behalf, of ■ defendant. By way of a.countcr-claim, ! tho. defendant sued plaintiffs-tor £70 ' :which. he had lost by reason 'of. the plaintiffs'' neglect, to '.sell 300 :. Bhares when instructed to do so by-de-fendahfc; and,' in the altornativo, tho . .defendant claimed £102' 25., monetary , loss alleged to' have been'sustained by reason of- tho . plaintiffs . selling 400 /. '.shares; without / instructions;-' from . de- 1 ..fondant. Mr. G. Toogood was for plaintiffs and Mr. M. Myors vras for de- • fendant;.. , 1 Defendant's counsel had moved for a nonsuit on two grounds—(l) That 'plain- . tiffs had not proved that the requisite contract note was transmitted in each /o Se 24 hours from time, for s'alo : (2) that plaintiffs had: not jbroved that duly stamped- contract . notes were exchanged between buyer and seller. . : His. Worship,;: aftor ' reviewing the case, beld_that in order, that plaintiffs' case should succeed strict - compliance with the Stamp Duties Act was neenssary. Plamti ts'. had , not proved that- .. the l Act; had been complied with and the nonsuit would be granted.' ''As it is admitted,",°said his AVorship, "that the counterclaim cannot succeed I think-there should be no costs on either ■ ' side." '■ . Mr. Toogood asked that in view of the importance of the case to sharebrokerß throughout the Dominion se-

curity for leave to appeal should be fixed. Security for. leave to appeal, was accordingly', fixed at £15, his Worship remarking that it was a proper case for a higher Court. , A CLAIM FOR COMMISSION. . Further, hearing was taken of: the ease in which Horbort James Baker, land agent, of Wellington, • sued .Annie Gledhill, ;of Wellington, for .£65 commission alleged, to have been due to Lriko- M'Gaiin, for effecting' ail oxchange . of. properties. The commission was assigned by M'Gaim to William A.ubrey,'and subsequently assigned by Aubrey to the plaintiff. Mr. Fair appeared- for plaintiff, .and. Mr: ,0. Beere for,defendant.'. His Worship reserved decision until ■Tuesday next. ■ ;■ A COSTUMIER'S CLAIM. ; -Mary' Walsh,'" ladies' costumier, Wellington, sued Catherine Cain for £3, 9s. 6d.y; for", goods supplied and work done. Mr. J. J. M r Grath was .for plaintiff, and • Mr.. C. R. Dix for defendant. / ■Defendant had-paid into court £1 4s. and _ thi ; balance . was. .disputed on the ground that the work was not satisfactory.;/ ■;'; ■ .'■ . '-After .;'hearing evidence.; his Worship gave judgment for plaintiff:; for the 'amount 'claimed,'/ with, costs, 6s. and so-licitor's-fee £l .ls. .; UNDEFENDED CASES. Judgment by default, was, given , for plaintiff -in.'. the. .following; •: .undefended cases:—Mary iAnn Perliam --v.: James M'Gilligan, £1.,185.;- costs 55.; William '•Ludwig,v;. L,. Davie, £2 Is.,- costslOs. ; Martha Miinday, v.' John, lleid, £1, Bs., costs. 10s.; William vLudwig. ; v;, Reiclj' : £1:18 si . '4d.,V;costs ; ss. ;::Samuel Simlen' 'Patterson'.- -v. ': Henry George. Curtis,.: £2;lßs'.V9d.V ; xosts 55.; Arthur B6ltpn : . ; v.( .William Matthews;': £6; ,2s. ,Bd.;. - costs £1 6s. '.: 6d.Parke,. .-Davis, and Co., v. William H. Horton, £I.Bs. lid., costs os. JUDGMENT SUMMONSES. : Charles- H. J.. Anderson was ordered to pay £2-165.-to Walter Stanton John on or before October 4, m default-, two days 1 imprisonments "■ , . C. 'Melville was ordered to pay £2 16s. 7d. to Alexander and Beckett by instalments of-2s;. a month. •: ■ J. -Watson:;was:.b.rdercd : ;to-;-pay-£4 to, J.' Benjamin on or before'- October 4, m default three'days' imprisonment. No order -was made; m the- case -of Henry . North v. Robert Henry Williams, a. claim for £35 Os. 7d. -■. -