MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1036, 27 January 1911, Page 2

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before • Dr. A. M'Arthur, S.M.) COMMISSION CLAIMED. . Walter. Axel Eveusoii and Charles Jackson, trading as the "'Wellington Business Exchange," hotol brokers, sued William J. Williams, settler, of Ka'raka Bay, to recover the sum of ,£75, alleged to be due to plaintiffs for work, journeys, and attendances of - the plaintiffs, performed for the defendant at his request, in the negotiation and sale of the . knsn and goodwill of the Empire Hotel, FeUding, owned by the defendant. Mr. A. Gray appeared for tho plaintiffs and Mr. T.. Young for the defendant. After portion of the evidence had been heard, the case- was adjourned until 10.30 o'clock this,»morning.

CLAIM FOR POSSESSION. In tho casa of the Wellington Steam Ferr." Co., Ltd., v. Hugh Downes, a claim for possession, jmlgment was given for- plaintiffs for nossession by February 23, and costs Gd. Mr. G. Samuel appeared for nlaintifis, and Mr. P. W. Jackson for "defendant. „ UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following undefended cases:— Thompson Bros., Ltd. v. Mrs. J. Dalzell, £% lis. ltld., costs 13s. 6d.; E. J. Forbes v. K. J. Donnelly, jEI 7s. 6d., costs 55.; John Norton v. T. Moriarty, £15 18s., costs £1 10s. Gd.; Laery and Co., Ltd. v.- Maxwell Snensblach, £11 ss. 5d., costs £\ lis. 6d.;"N.Z. Acetylene Gas Lighting Co., Ltd. v. Frank Harold Richards, .-£22 15s. Bd., costs £2 Hs. ; Wellington Drivers' Industrial Union of Workers v. Edward G. Barrett, £1 35., costs 55.; same v. Alfred Brickell, .£1 35., costs 55.; same v. John Griffen, .61 35., costs 55.; same v. Thomas Hatten, £1 35., costs. 55.; same v. Charles Moore, £1 35., costs os.; John Rigg and Co. v. C. 'M. Lawson,V£3l 10s., costs £2 145.; Geo. Wm. Gray v. John Frost, £10, costs £1 9s. Gd.; E. G. Bell v. Peter M'Donald. JJI2 17s. 6d., costs £1 lis. Gd.

JUDGMENT SUMMONS. Donald Larnach was ordered to pay £i 10s. to Rosenberg aiid Co. on or before February 9, in default seven days' imprisonment. , l . ;': POLICE CASES. , (Before Mr. W. G. Biddell, S.M.) ALLEGED ASSAULT. . Henry Joseph Cls-ments, a'young matt 25 years of age, was charged with assaulting Vance Clifford Hickbk, at Wellington South on January, Id, by chitting; him-on the head with a bottle, with intent to do hini grievous bodily harm. Sub-In-spector Norwood prosecuted and Mr. E. J. Fitzgibbon appeared on behalf of accused.

Medical evidence had been "taken on Wednesday, but on account of the sudden illness of accused a-remand was then granted till yesterday, when the hearing was concluded..

Vanco Clifford Hickok, a baker,' residing at 11 Itoso Street, stated that on tha night of January. H he left Mrs. Laura M : 'Kenzic, a friend, at the gate of her home sometime after 11 p.m.. He proceeded homo, but when he had gone a littio way Mrs. M'Kenzie called him back, and witness then saw that accused, Clements, was standing at the gate. In consequence of what Mrs. M'Kenzie said .to witness, tho latter asked Clements, "Do you call vourself a man to strike a woman?" Words followed, and witness was struck on the side of tho head with a bottle, which broke on his head. Several other blows followed,' accused appearing to have' something. in his hand as he struck. Finally witness faced accused, knocked him down, and then left for home. Afterwards he" received attention from Dr. Perkins, and went to the Hospital. Iu answer to Mr. Fitzgibbqn, witness said he had" known Mrs. M'Kenzie for ;ov«r twelvo-anonths,-, Ho„was not aware that until a week before January U Mrs. M'Kenzie had been engaged to Clements." As far as witness remembered he never, met Clements before that night. • '

Laura M/Kc-nzie, 'married woman, residing apart from her husband, at 8 Duopa Street, said, that after she left Hickok 011 January 14 she discovered Clements at the hack of the house. He had his boots in his hand, and, after calling witness objectionable names, hit her on the hose with a boot. Witness gave accused a slap on thi face, and then went and called Hickok. Witness then corroborated the previous witness's statement as to what followed.

In answer to Mr. Fitzjrfbbon, witness said she had resided at 8 Duppa Street for about eight months, during which time she had done no work. . Clements had paid her board, 10s. a week. It was not true that she had promised to. marry accused as soon as she could obtain a divorce.

Further evidence was given by Benjamin Love, who saw something of the alleged assault, and by Constable Taylor, who arrested accused., . A plea of not guilty was entered- by accused, who reserved his defence, and was committed to the Supreme Court for trial. OTHER CASES. An old man, named Samuel Fabey Dunning, pleaded guilty "to theft, on January 25, of a book value 25., the property cf the Sailors' Rest Committee. He had been arrested by Constable Dempscy on Wednesday afternoon, with t]io book in his possession. There were seven previous convictions 'against accused for theft, and quite recently he served a sentence of imprisonment for stealing two books from the Sailors' Rest. The Magistrate imposed a fine of 405., in default 14 days' imprisonment, tho book to be returned to the • owners. * > •

Frances Martin pleaded guilty to a charge of-drunkenness, and to a further charge of procuring liquor during the currency of a prohibition order. As this was the fourth breach of tho order, a fine of ,£3 was imposed, with the alternative of 14 days' imprisonment. On tho charge of drunkenness, accused was convicted and discharged. Edith Home was convicted and discharged for drunkenness, but for breach of a prohibition order she was fined 405., in default seven days' imprisonment. Jane Walsh, charged with drunkenness, was deemed to be a habitual inebriate, and was sentenced to 21 days' imprisonment. Three first .offending inebriates were lined 55., with the option of '24 hours' imprisonment. Two other first offenders, who,did not appear, were ordered to forfeit; their bail of 10s. each, or undergo.24 hours' imprisonment.