MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1894, 31 October 1913, Page 11

MAGISTRATE'S COURT.

SINGULAR CASE. THE STORY OF AN EMPTY HOME. On the morning of Juno 16 last an unmarried man named William Aubrey, a carpenter by trade, loft bis house at 6 Queen Street, for work. Ho left in charge his housekeeper, Joan Miliand. Ho returned home from work in the ovening to find that every vestige of hin furniture had disappeared. The housekeeper had also gone. All that remained was a little adopted boy who, with a few toys, was tho sole occupant of tho empty house. Tho sequel occurred in tho Magistrate's Court yesterday afternoon before Mr. J. S. Evans (on the Bench), when William Aubrey proceeded against John Hall Flockton, general dealer, for the sum of £167 9s. In the statement of claim it was alleged that Jean Miliand, the housekeeper, Had sold the furniture to defendant without the knowledge or consent of tho owner, for £10. Plaintiff had demanded the return of tho furniture, but was 'refused. Some of tho furniture had been sold and the rest was being offered for sale. . At tho hearing Mr. V. R. Meredith appeared for plaintiff, and Mr. D. Jackson for defendant.

Tubs and Fowls Go Too. Frederick Win.' Taylor, oarrier, stated that lie had. been employed by Mr. I'lockton on. June 16 to assist in oartlng the furniture from plaintiff's house. Everything, including the tubs and fowls, hacf been taken. The furniture, they coultt not get out of tho. front door was taken out through the window, which had been removed. Witness thought that this had boen done to oiisuro rapidity. When plaintiff's boy had como home from school and had seen the furniture being removed he had p.skad witness not to take his toys too. Witness noticed a woman in the house with a heavy veil over her face, and she appeared to bo superintending affairs. Michael Bowe, oarrier, gave evidence similar to that of the previous witness. He had also been engaged by defendant for furniture removing. He had noticed a woman about the house when he oommenoed removing tho fumituro; "I do not think she is far from hero now," he added. Questioned, he said that ho had seen the woman in question about lately, but not in the company of plaintiff. Wm. Hawthorn, salesman, stated that in company with plaintiff he had called on defendant and asked that tho furniture be returned, but had met with' a refusal. Was Thero a Partnership? William Aubrey, oarpenter, and plaintiff in the case, gave evidence to the effect that ho had called on defendant Flockton and asked for _ the _ return of furniture taken from his residence, but had been refused. He had asked for his acoount books and papers and Union Steam' Ship Company ticket on which his narao was written, but was told to "get out'of it." Questioned as to whether he or Jean Miliand paid the rent of tho house previous to the occurrence ho answered that he did. Witness admitted that Miss Miliand had been keeping house for him for tho past seven years, Dut. would not answer the question as to whether he had been living with her or not. His Worship: Ido not eoe any reason ivhy witness should not admit whother he has been living with Miss Miliand or not. If no was living lyith this wo- , man, as a case of law, Jt doe? not shook me. Witness further stated that no partnerehip existed Setween Miss MlUafld and himself. Counsel for defendant then produoed a bill insoribed debit to W. Aubrey and J. Miliand. This, he submitted, established the faot that thero was a partnership between plaintiff and his housekeeper, Miss Miliand. On being further questioned witness admitted he had often seon Miss_ Milland since she had sold his furniture. Ho had been friendly over since. Ho said that ho had seen her to-day.

At this Btago the hearing of the case was' adjourned till 10.30 a.m. to-day. ALLEGED THEFT. George Smith was charged with tho theft from the dwelling of Leila Black, of one silver watch, one gold chain, one sovereign case, and two sovereigns, of a total value of £7, the property of Edmond Earl Furnessi Accused was remanded until November 6, bail being allowed, himself in £50, one approved surety of £50, and two at £25. Arthur Roddy, charged with the theft of a gold watch valuod at £10, the property of Robert Lawson, was also remanded to November 5, and was allowed a similar bail. INSOBRIETY. For insobriety, two first offenders were convicted and discharged, and one who failed to appear, was fined ss. for a similar offence. William Crombie waß convicted and' discharged. JUVENILE OASES. The oases against four juveniles of ages ranging from 12 to 14 years, and charged with damaging a motor-car to the extent of £2 10s., were adjourned to November 6. CIVIL OABEB. < ~ THE DEFAULT DEBTORS' LIST. Judgment was given for plaintiff by default in tho following undefended oases: —Ernest Emil Hendricksen •v. J. Oswald O'Sullivan, £11 14s. 6d., costs £l Bs. 6d.: Commercial Agency, Ltd. v. E. C. Abraham, £30 7s. lid., oosts £2 145.; Howard Spackman v. John Dodunski, £1 os,, costs os.; Rand and Walker v. Wm. Henry Foster, £2 lis., costs 125.; Davis and Clater v. F. Gordon Lennox, £3 3s. 6d., costs lis.; D.1.0. v. E. Vaudelden, £4, costs 10s.; same v. D. Flyim, £2 12s. 7d., costs 10s.; W. Wiggins, Ltd;, v. P. Green, Ba. 6d.. costs ss. j C. Pratt and Co., v. Edwin Taylor, £1 9s. 4d., costs 55.; Waipa Railway and Collieries, Ltd., v. Thomas Childs, costs only, £1 175.; A. D. Konnody and Co., Ltd., v. Wm. Ourrie, £12 6s. 9d., costs los.; Storer, Moek and Co., Ltd., v. Jamos Wallace, £25, costs £1 35.; Bur Importing Co.' v. R. J. King, £4 145., costs 10s.; Hary Gotlieb v. A. Yardloy, £4 55., costs 10s.; George T. Hall v. J. C. Trickett, £8 17s. 6(1., costs £1 3s. 6d.; R. and E. Tingoy and Co., Ltd. v. Edgar H. Claridgc, £10 os. 10d., costs £1 10s. 6d.j Charles Printzen v. Matthew B. Tolhurst, £1 9s. 3d., oosts 55.; James Barr v. T. M'Gill, £4 10s., costs 12s.

JUDGMENT DEBTORS. Wm. Sinclair failed to appear and waß ordered to pay the British and Continental Piano' Company the 6Ura of £77 Bs. 3d. on or before November 13. The default was fixed at one month's imprisonment in Lyttelton Gaol. E. G. Osborn was ordered to pas Joseph Kew Harty the sum of £56 lis. 9d. before Novomber 27, or undergo one month's imprisonment. CASE ADJOURNED. Tlio civil caßo, Lyons v. tlio C'jty Council, reserved judgmont in which was to bo given by the lute Dr. M'Artliur, was adjourned by ?niitliftconsent of the parties concerned till November 6.