MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1129, 17 May 1911, Page 7

MAGISTRATE'S COURT.

(Before Mr.' W. G. Riddell, S.M.) THAT "PASSIVE RESISTER." BOUND OVER TO KEEP THE PEACE. Reserved judgment was delivered yesterday in a case in which Henry Gordon applied to have Patrick John Sullivan bound over to keep the peace. Defendant did not appear yesterday. At I lie- hearing on Monday, plaintiff (Gordon) stated that he was bailiff of the Magistrate's Courti Wellington, and a sheriff's officer of the Supreme Court. On the afternoon of April 29. he went to the residence of defendant Sullivan, at Konini Road, Hataitai, for tho purpose of serving him with a copy of a Supreme Court'writ of ejectment. Witness feared, from what had taken place then, that his lifo was in danger'if he attempted to carry out his duty, and execute tho writ. During the course of the proceedings on Mom', y, the defendant Sullivan had described himself as a. "passive resistor."His Worship, in giving judgment, said that tho evidence was against defendant, and it seemed a case where the Court must protect its officers in tlio execution of their duly. Defendant must, find sureties (o keep tho peace for three months towards Henry Gordon and other of his Majesty's subjects, himself in .€SO and two sureties of ,-fc2s each. Fortyeighty hours would be allowed to find the sureties.

ASSAULT ON THE POLICE. | William Charles Fiiewccd, alias WatI son, alias Wilson, was charged (1) w.ith drunkenness, (2) with having used improper language, and (3) with having assaulted Detective Cassells .while the latter was in the execution of his duty. Accused pleaded guilty to all three charges. It appeared from the evidence that accused had bean warned for certain conduct in the Forresters' Arms Hotel, and had afterwards followed Detectives Cassells and Mason up the street, made use of improper language, and committed the assault complained of. There were nineteen previous convictions against him. On the charge of drunkenness, accused was convicted and discharged. For making uso of improper languago ho was fined £3, in default 21 days' imprisonment, and on tho charge.of assault he was sentenced to seven days' imprisonment. OTHER POLICE CASES. . Alfred Jenkins, a quartermaster on the steamer Tainui. pleaded not guilty to a charge of drunkenness, and to a further chargo of having disobeyed the lawful commands of John Bosdet, chief officer of the vessel. The evidence, however, was against, him on both charges. For the first offenco ho was convicted and discharged, and for the second ho was fined 10s., and costs 75., in the alternative 21 hours' imprisonment. A remand until this morning i was granted in the case of William Alfred Yarlett, charged with stealing a case of whiskv. valued at £i 10s.. the property of Frederick Eobt. Cormack. Stella Taylor, alias Marslin, who had been found drunk in the Supremo Court on Monday, was convicted and discharged-. • Two first-offending inebriates, who did not. appear, were ordered to forfeit their bail (10s. each), or to undergo St.hours' imprisonment. CIVIL BUSINESS. NONSUITED. • Edward Alden claimed from Norah M'Donrj'.d, boardinghouse-keepov, tho sum of £6 10s., being Jii 10s. (value of plaintiff's goods, alleged to have been wrongfully detained by the defendant), and .£5 as damages for tho alleged wrongful, detention. Mr. J. J. M'Grath appeared for nlaintiff, and Mr. K. Kirkcaldio for defendant. After hearing tho evidence offered. His Worship hold that plaintiff had failed to prove his case, and must, accordingly, bo nonsuited. Costs (10s. Gd.) vers allowed defendant: BROWN STOUT LABELS. (Before. Dr. A. M'Arthur, S.M.) Whitcombe and Tombs, Ltd., printers, Wellington, sued T. 6. M'C'nrthy, brewer, of Wellington, to recover the sum o,f .£3O, alleged to bo due on account of 300,000 Brown stout labels, at the rate of 2s. .per .1000. Mr. T. N. Holmden appeared for plaintiffs, and Mr. J. C. Peacock for defendant.

Plaintiffs , alleged that, on November 23, they had contracted to supply defendant with the labels at the rate mentioned above, and that tho work had been duly carried out, and the labels delivered, but defendant. had disputed the price. Defendant's version of the transaction was that, at the time of givittg cub order, he had been under the impression that tho quote given him had been Is. per 1000. Subsequently he wished to make sure of this, but, on inquiry, had been informed that tho quote was 2s. per 1000. lie then stated that the price was too hiu'h, and that ho wished to cancel the order, but the labels were, nevertheless, delivered to him. He then obtained some quotes from other firms, and, as the highest of these was Is. 4d. per 1000, lie had paid ,£2O into Court, this hem;; the price for the 300.000 labels in question at -Is. Id. per 1000. The Magistrate,' in giving judgment, remarked that there had evidently been a misunderstanding between the parties. Judgment would bs for plaintiff for £22 10s. (less' the amount paid into CourtV being at Is. Gd. per 1000, or the difference between tho rafe ,\vhich' plaintiffs stated that they had quoted, and the rate which defendant believed was tho figure. Plaintiff was allowed costs, and expenses totalling £i 18s.

CLAIM FOB COMMISSION. Edward Sutherland, storekeeper, of Ngaio, sued John Steele, formerly of Ngaio, but now sergeant-major of tho Territorial Forces at Napier, to recover tho sum of .£25, alleged to be due as commission on the sale* of a property at Crofton Downs, Ngaio. Mr. W.- L. Rotbonbin-g appeared for plaintiff, and Mr. V. E. Meredith for defendant. After the evidence of tho plaintiff bad been tendered, tho case was adjourned sine die. UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following undefended cases:—The Stewart Timber, Glass, and Hardware Co., Ltd., v: William Francis xork, Eupert James L. York, and Clarence 11. York (trading as York and Sons), .£lO 2s. 8(1., costs XI; Wolsbach Light. Co. v. F.' W. Mills, .£lO lfis. Gd., costs .£1 10s. 0(1.; Wellington Publishing Co., Ltd., v. ■Philin B. Atkinson, .£5 10s., costs £1 3s. fid.; Harris and Bastin, Ltd., v. Murphy Bros., ja 19s. 2d., costs 10s.; same v. Head Bros., .£2 7s. fid., costs 10s.; the Lancaster Land Co., Ltd., v. Frank Retail, .£2 Is. Bd., costs 10s. ; Laery and ui., Ltd., v. Arabella Harbroe, .£2O 7s. id., costs £i Ms.; Hunt and Co. v. Arabella Harbrce, .£35 Is. 7d., costs £2 U= ■ Margaret Ann Heard v. Arthur Bonn, 10s. td., costs 3s.

JUDGMENT SUMMONSES. Co"") 0 ", sen., was ordered to pay .£7 13s. 9d. to the Wellington Publishing Co., Ltd., on or before May 30, in default seven days imprisonment. u--u- the Sof Jlrs ', A - C « nci v - Edward "llliain Olhver, a claim for Ml Is <Jd defendant was ordered to pay tho amount due mi or before May 30,.in. default seven days' imprisonment. No order was made in the ease of the umpire Loan and Discount Co. v w' Cave Brown Cave, a claim for £31 18s '