MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1838, 26 August 1913, Page 9

MAGISTRATE'S COURT.

I UNABLE TO WORK. HUSBAND SUES WIFE & SON. Quito an unusual claim came boforo Mr. W. G. llitklcll, S.M., at the Magistrate's Court yesterday, when William Georgo Banks mado application for a maintenance order against his wife, Eleanor Elizabeth T. Banks. Complainant also asked for an order ngainst his son, William George Banks. Mr. J. F. Watson, who appeared for complainant, stated that his client was now unfit for work, as ho was suffering from a disease in the left shoulder. He produced a medical certificate from the hospital authorities indicating the patient's incapacity to work. Counsel added that his client was 65 years of age, and he was making this application to the Court under the Destitute Persons Act. Some time ago he had made application for a ppnsion, but had met with n refusal 011 tlio ground that his wife had too much property. Mr. Menteath, who appeared for tho defendants, stated that Mrs. Banks had not received any support from tho complainant since 1594. Sho had been sup- ■ porting herself as she was possessed of mcims at that time. In fact, silo ( had supported complainant alfeo. In conclusion counsel stated that Mrs. Banks and hor son had no desiro to refuse to maintain tho oomplainant. They rnotcly dosircd it should roaLly bo proved

through tho Court that ho was medically unfit for work. Tho t-aso wns adjourned until Wed* nesday for tho purpose of hearing medical cvidcuco as to complainant's condition. RASH RISK WITH TRAIN. Patrick Mahonoy pleaded guilty ito n charge of attempting to board a moving train. Inspector Hendrey stated that tho defendant, in attempting to hoard a moving train at Lainbton Station, inissod his footing and fell between tho platform and tho carriages. Luckily ho was rescued before receiving any injury, but he had had a narrow escape from being killed. A fine of 10s. and costs lis. was Imposed, HOTEL PRECINOTS ON SUNDAY. Charges of being found in tho Royal Oak Hotel when suoh premises Wore required to bo closed, wero preferred against William Harris and Peter Malonoy. The alleged offence was committed on Sunday, August 10. Ev£denco was given by .a. constable to tho effect that ho saw defendants leaving tho hotel at 8.40 p.m., and when lie approached themi Malonoy stated that ho had entered tho hotel witli tho ob]ect of seeing a mail named Davoy. Harris said that ho had accompanied Malonoy thoro at tho ldttor's request. Mr. P. Jackson, Who appeared for both defendants, contended that Moloney had a right to enter tho hotel to ask for a friend. Moreover, the Act set forth that a parson had to bo found to have been actually on the premises. His Worship replied that Malonoy had been actually seen leaving tho hotel, and tliat was evidence, but !ho agreed that Maloney had an oxouso. Tho information against him would bo dismissed. Harris, however, had not furnished a sufficient excuse, and ho would be fined 55., and cost® 7b. BOLD YOUNG THIEF, A sentence of fourteen days' imprisonment without any option was imposed on a youth named Frank Gillespie, who pleaded guilty to Iflio theft of 4a. Gd. in money.

Inspector Hendrey stated that the accused entered the shop of Tony Karantyo, and asked to be supplied with fish. Wliilst tho shopman was executing tho order, accused jumped tho countor and helped himself to tho contents of tho ! till. Tho Shopman liad calight him with liis hand actually in tho till. Tho inspector concluded by stating that accused had been convicted of theft on several previous ocoasions. SUMMARY OF OTHER OASES, George Thompson was remanded for sentence on a diargo of theft of a watch, valued at £2 10s., until September 1, the gaol surgeon to report on his mental condition. James Powfrot was fined 405., in default seven days' imprisonment, for stealing a brief bag valued at Sob. Wm. Stevenson was fined 10s. for disobeying a maintenance order. His application for remission of arrears Amounting to £22 25., was granted by tho Court. ( A fine of 40s. was imposed on Mary Donaldson, who admitted breaking her pro'liibition order. On a charge of forging a c'hequo for £3 18s., John Honry Hurley was remanded till August 27. A fine of 40s. was imposed in the caso of Albert Saunders, who, while undor'the influence of liquor, resistod an arresting constable. John Cameron was fined £3, or fourteen days' imprisonment, for committing a certain act in a public thoroughfare.

For insobriety, Fred. Lynoss was fined 405., Wm. M'Leod 10s., James Furlong 205., and Goo. Hastings 10s. Ten first offenders wore leniently dealt with. Lilian Jukes and Elizabeth Black wore each sent to gaol for one month on oliargcs of escaping from tho Salvation Army Home. John Power pleaded gulltv to a oharge of insobriety, but denied knowledge of tho theft of a brief bag, valued at 155., tho property of some person, unknown. Evidence went to show that Power had been seen in possession of tho bag, but ho did not know, wlioro ho had got it. Ho was fined 405., in default seven days' imprisonment. l'itzgcrald Clark was ordered to pay 15s. per week towards tho maintenance of his wife, Mary Ann Clark. Mrs.. Clark's application for' a Separation ordor was not granted. Mr. F. O'Leary appeared for complainant, and Mr. R. Kennedy for defendant.