MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 976, 17 November 1910, Page 3

MAGISTRATE'S COURT.

I (Before Dr. A. M'Artliur, S.M.) NAME ON A PROMISSORY NOTE. SIGNATURE REPUDIATED. The Te Aro Loan, Discount, and Investment Company, Ltd., sued John Fit- „ chett, wheelwright, of Ohiro Road, tc ™ recover' the sum of ,043, -value of a dishonoured . promissory note and intoresl thereon. Mr.' Bolton appeared for th< plaintiff company, and Mr. C. R. Dij for defendant. The case for the plaintiff company waf that it was the holder -of a dishonoured note for .£4O. Tho noto, dated August 9, 1909, was mado by Thoma: M'Carthv, payable four months aftei f. date, and liad been endorsed by defendant Fitchett. Plaintiffs claimed th( amount- stated • toretkr with iufcwst al

tho rate of 8 per cent. Plaintiffs put in a number of documents as evidence of handwriting. . The defence was a denial that the signature on the back of tho no.te was the signature of defendant. • Tho following letter from Thomas M'Carthy was put in, and was saitl to have been written a faw days prior to the death o£ the writer:— Dear Sir,—l got your letter to p.n.'s in circulation. X have written to Mrs., about it, to say that tho p.n.'s were not your making, and when presenting them I was not asked if they were. So you can, compare this letter with tho other. Yours Respectfully, T. M'CARTHY. Defendant also referred to a memo, which he had sent to the plaintiff company on one of the notices, to the effect that the signature was a forgery. He also stated that the signatures on other bills (produced) were not his. , After hearing evidence, the Magistrate intimated that ho would give his decision on November 21. POLICE CASES. .(Before Mr. W. G. Riddell, S.MJ - ALLEGED SUNDAY TRADING. Reserved judgment was delivered yesterday by Mr. W. G. Riddell, S.M., in tho case in which Frederick Dobson, licensee of the Masonic Hotel, was charged with keeping his premises open for tho sale of liquor on Sunday. October 30, and with exposing liquor for sale on that date. Arising uot of these charges there was an information against John Domenech, for being found in the Masonic Hotel on Sunday, October 30; without lawful excuse. After reviewing the case the magistrate dismissed all the informations. ASSAULT ON TRAM INSPECTOR, Daniel Buchanan pleaded not guilty to charges of drunkenness and. • faulting Charles Patchett, a tramway inspector. Sub-Inspector Norwood prosecuted, Mr. J. J. M'Grath appeared for accused, and tho city solicitor (Mr. J. O'Shea) watched tho case on behalf of the several corporation employees who were called as witnesses. The charges .were the outcome of an occurrence that took place at tho end of tho tram section in Courtcnay Place. The accused was twice prevented from travelling by cars bound for Kilbimic, and on that account came into conflict with the inspector. After lengthy evidenco had been given the magistrate held that accused must bo convicted, and remarked that he had brought tho trouble on himself. On the chargo of drunkenness lie was convicted and discharged, and for the assault ho was fined 405., with witnesses' expenses .£1 Bs., in default fourteen days'" imprisonment. VAGRANCY. Thomas Albert Lepper, who had previously been convicted , of. being an idle and disorderly person, and ordered to come up for sentence when called upon, was brought forward. The magistrate imposed a sentence of three months' imprisonment, and directed that the man should bo examined by tho gaol surgeon as to his sanity. OTHER CASES. Herbert Hunter, ' alias Albert, was charged with the theft of a copper valued at 155., the property of Wm. Ryan. The date of tho alleged theft was October 21. Mr. P. W. Jackson appeared for accused, who was remanded till November 19. David John Dumbledon, charged with failnre to maintain an illegitimate child, was remanded until November 21. Mr. P. W. Jackson appeared for complainant. James ICeenan, on a .charge of drunkenness, was fined 205., in default, seven days' , imprisonment. John Terrell, for the same ' offence, was similarly dealt with. One first offending inebriate was remanded for a week for medical treatment.