LAW REPORTS.

Dominion, Volume 7, Issue 1975, 4 February 1914, Page 11

LAW REPORTS.

—H> TROUBLESOME TARS. COLLISION WITH POLICE IN MANNERS STREET, Iu consequence of a diet-urbaneo in Manners. Street on Monday evening, four navy men and a civihau appeared in the. Magistrate's Court before Mr. E. W. Burton, 5.M.,, yesterday morning. A young bluejacket named Leonard Pearson (out of whose arrest the toon Ho. arose) had three charges against him— one of drunkenness, another of resisting a constable, and a /third charge of damaging two police flelfttetis and a pair of trousers, valued at £1 19s. 6d. "Somothlng Like a Wot." Inspector Hendrey stated that, in' company with another bluejacket and a civilian, Pearson had been Observed making his way along Manners Street in a ■drunken boisterous condition. Ho had fallen into ft doorway, and had resisted arrest. A companion had alio attempted to pull him away from the constable, and something in the nature of a riot ensued. A crowd of several hundred people gathered, and the constables were confronted with a difficult situation. Constable Hurley described making the arrest. A large crowd had gathered and attempts were made to pull Pearson, away. It was only after much trouble he was' got to the station. Constables Thompson and Hedgeman. gave evidence as to going to tho help of the previous witness, and of Misbehaviour amongst the ringleaders in the disturbance. / Make the Town a Bear Harden? William Coorge Fleming, a ciork in tho employ of the Wellington Tramway's Department, stated that ho had arrived on the scene just as a policem&n was taking Pearson out of a. doorway. Pearson was not under the inflnonco of liquor, neither was the petty-officer who was with him. Inspector Hendrey: Are you perfectly sure that they were- not drunk? Witness: I am distinctly sure. They may have had some liquor, but they were not drunk. r Witness wont on to say that, tho patty-officer had offered to take Pearson away, but that the constable would not hear of it. The constable had his arms about Pearson in such a manner, as made the man resist. Pearson'scompanion still offered 'to take him away, and, in tho mcantiihe, a crowd of about 100 people gathered. The constable was 'very tactless. To Inspector Hendrey; At no time did anyone in the crowd ptxfc a, hand on the police, but, at one time, he heard a man threaten to take out a knife, Inspector Hendrey: And yon are perfectly sure that accused was not drunk ? Witness: lam perfectly sure. I took particular notice at- the time. Inspector Hendry: And do you think that a Sober man would put liis hat -on a civilian's head and put the civilian's haf? on his and go alang boisterously shouting in the .public streets? Is ft •your opinion that the streets of the city should be turned into a bear garden ? Witness" answered that there was some allowance for men who had been cooped up in a ship. "My complaint/' said .the witness m conclusion, "is that tho policeman used unnecessary violence, and used no tact in arresting accused." '■ Comrade's version. William Betts, cook's mate; deposed that accused and party Wdsrq sober, ■They were making their Way •. to tho Opera House when a civilian fell into tho shop doorway. Pearson picked him up, and, alter that, he was arrested. Witness inquired wii.at .the policeman wus going to charge Pearson with, and tho constable said drunkenness,' According to the witness about four or live constables held accused down, but after they put him on his feet he Walked quietly. To Inspector Hendry: It was true that they had bee-U turned out of the Britannia Hotel, but he did not remember, being turned out- of the Albert Hotel. Witness also admitted.that he had attempted to Jtul'l Pearson from theconstable. i Accused then"'went into tho box and stated that he had only had two drinks all night. Questioned by Inspector Hendrey, however, he admitted that he and his companions- had bac-ii asked to go out "of two 'hotels'. Witness further vehemently asserted that ho had received two clouts on the ear from two constables, and also that they had damaged his clothing. This concluded the evidence, and the' Magistrate remarked that from the facts placed before him it was quite evident that accused was druiik. Ho would be handed over to the naval authorities to deal with. An order .was made fay tho payment of damage to the uniforms.

Four others CHafgotl. In connection with the preceding ease William Betts, Alfred Poole, and Frederick Priiie and Alfred Ericksteadt were charged with obstrufitmg the police-. Each entered a plea of not guilty. Constables Hurley, Thompson, and Iledgenian each gave evidence for tho prosecution. Poole and Price denied being connected with the disturbance "Having heard the' evidence," said the Magistrate, "I really have a doubt in regard to the cases of Pofllc and Price. Thero wcrs a lot of men round tho police at tho time, and the constables may have made a mistake, I think that the police hate made- a mistake in regard to Poole, while thero is considerable doubt in regard to Price. Betts was handed over to the naval authorities to bo dealt with, while Ericksteadt, - the civilian, w&3 fined 40s.

OTHER CASES. PREMATURE PLEA W GUILTY. Carl Vilholm Sodenburg pleaded guilty to two charges, one of deserting from the steamer Maisio, and another of refusing to obey the lawful commands of tho captain,' Chief-Detective Broborg esrjlai.iied thr.t since accused had deserted Ins vessel on January 7, ho had j.oiiie d the s.s. "Warrimoo. -The Maisio had left port, and they could therefore obtain no evidence as to tho second charge. Accused had stated that ho had lost £17 by leaving the vessel. The Magistrate remarked that if accused had not entered a plea of guilty on the second charge, tho Court would have been unable to eoiivtct him. Taking into consideration the fact that ho had pleaded guilty, and tho fact that ho had already lost £17 due to him, tho Magistrate said that he would only enter a conviction, -iiiid order acoiised to pay Court costs.

MARRIAGE CERTIFICATE. Lionel Walter Doreen was remanded to appear at Christchttreh on a chargo of having made a false declaration at Ctist on August 29 Inst, to the effect that his name we.s John Joseph Hell, and that his ago was 23 years. Tho doelaration had boon inado for the ptiipnso of procuring a Registrar's oertifleato under tho Marriage Act. INSOBRIETY. For insobriety Thomas Shealmu was fined m„ and "William M'Donuu!! 10s. Three first olfenders wore convicted'atul discharged, and another, who failed to appear, was finorl IQs. James M'Miohaei ploadei guilt;, to

two charts, one of insobriety and to another of using certain language. On the first ehargo he was convicted and discharged. On the second he was fined £1!. In the Juvenile Court two boys, aged 13 years, were each ordered to receive six strokes rf the birch for stealing 12.?. and 30s, respectively from John Hall Klockton. Another bay, aged 12, Was convicted and discharged for stealing £1 7s. from Florence Heiisou. A girl of fourteen years was committed to the Wellington Receiving Harm as being uncontrollable by her parents. CIVIL BUSINESS. STEAM. COMPANY '& CONSIGNED Reserved judgment was delivered by Mr. B. W. Burton in the Magistrate's Court yesterday, in 3 civil-test case in which tho Stewart Timber, Glass, .and Hardware Company, Ltd., proceeded against the Canterbury •Steamship Company; Ltd., for the recovery of £22 12-s. .fid., as the value of 35 pieces of timber which the plaintiff company alleged formed part of a. cargo of 640!) pieces of timber received by defendant on board its steamer at Hekianga for conveyance to Wellington. At tho hearing of the case, which took place last week, Mr. T, C. A. Hislop appeared for plaintiff and Mr. Douglas Jackson lor defendant. For the defence Mr. Jackson had contended .that if there had been any loss of timber tho plaintiff's remedy was against tho Harbour Board. The steamship cofiiranv having discharged the timber at Clyde Wharf, had really delivered it .to the Wellington Harbour Board, which board he claimed were ngeuts for plaintiff. In giving judgment the Magistrate stated that Regulation, j.03 "of the Harbour Board was important in determining the nature of the board's agency as receiver of eargo on belialf of the consignees. It read: "All goods in respect of which tile- wharfinger etects not to supply labour, or which shall not be tallied by tho wharfinger, slsall not ■bo deemed for any purpose to be in custody of tho board as wharfingers, mar shall the board be responsible for their safe custody or for any • loss or damage that may aecrtio to the samejii any matter "whatso- i ever," ■ - . j The Magistrate went v on to say tha/" there was no tallying by tho wharfinger until' lie delivered the timber to th.6 coijiiignoes, when his tally, on count showed 6374 pieces of timber, oV 35 pieces short. That 'being so, he was bound to hold that those" 35 pieces never came into tho custody of.tho hoard as agent for the consignees, and it'was beyond all question that they did not come into plaintiff's possession. With regard to « •point raised by counsel for tho defence that the missing pieces may have, been stolen, tho Magistral said: "Whether the full number of pieces Were put over the ship's, side, and notwithstanding their size and tho difficulty.'of'carrying them, away, were stolen or thrown into the harbour'is a- speculation into which I cannot enter. But I,must hold th'at they Were delivered neither to 'the Harbour Board as wharfinger nor te-.tivo plaintiff. Judgment will' be entered for plaintiff with costs as.per seaie'j" On the application of Mr;. Jackson, leave was given to appfial, and,security for such Used at £Sgs. STRIKE ECHO. SUBSCRIPTION TO OLD UNION. ■ A civil case arising out ef the lato strike camo before- Mr. : ,W> G, RiddflL The case was-one in which the Drivers' : Union, proceeded against'' Albert B, Shelbourne for the sum of £1 14s. G:l, representing ~,■-..duo; - ,. to the plaintiff body. ;■,-; ; 'i ; '■•'•'■ Defendant had failed'to file the required notice of intention to defend, mid yesterday, he applied for special ■■leavo to do so. ... ■'• Mr. IS, J. Fibgibbon, on. belialf of the union, opposed the application. In support of. liis application, defendant stated that-he\tyjtß.not a,, member, of the old union, ami, that ho did* not blow that he had to file, the requisite' notice to defend,'•;,-,.' In reply, Mr, Fitzgibbon said that it was really an celict of the- strike.. Defendant Was a member of the old union; and the union had his membership jfc„ ceipt. , This. signature defendant, admitted. _ Be Was now, a member of the new union, and it was only fair. that while lie- enjoyed tho benefits of the old union ho should pay for them. ' The Magistrate said that defendant only had: himself to blame, as it was,, through his negligence- ho was in the position that lie found himself that day. His Worship declined to grant the a.p> plication, and entered judgment for the full amount claimed with' costs. HORSE AND A DITCH. Mr. W. 6. Riddell delivered reserved judgment in tho.civil ease W, H. ,iep-. per, expressman, v. Arthur Philip Wing, a claim lor £27, for tholoSKior a horso, that had fallen into a drain. . • During the hearing, Mr,-J.-C. Peacock appeared for plaintiff, and Mr. T, Young for defendant. •' The facts of the case were that defendant owned a property, and had agreed to allow plaintiff to graze his horse there. Subsequently, excavations were made for the purpose of laying down a drain, and plaintiff was ■not notified regarding thera. The horse fell into tho drain and died. . Judgment Was given for the full amount claimed, with costs £5 Is. Mr. Young asked that costs for appeal bo fixed. The Magistrate , fixed those at £B.Bs. ' UNDEFENDED CASES. Judgment was given ■ for plaintiff, by default, in the following undefended civil cases-.—The Wellington Loan Co., •Ltd.,v. Thomas Hodges, £37 s. 6d,, costs 10s,; Chas, Begg and Co., ■ Ltd., 'v. C.has, P. Eden, £?6,. costs &% 145.; The Stewart Timber, Glass, and Hardware Co., Ltd., v, Thos. Clarence Howard NichoHs, costs only 175,; Tho Colonial Motor Co., Ltd., v. Wni. P. Meldrum £4 Is., costs 10s.; D. Bohan and Co. v, Patrick Kennedy, £3 os. 4d., costs 10s. {part paid into Court); The Wellington Publishing Co., Ltd., v. Paul Dietrich ami Co., £10 Bs., costs £1 10s. 'tid.; Prestoii and Co., Ltd., v, T ; Rowell, £6 25., costs £1 as. 6d.; C. W, Anderson v. Joseph E. Dalton, £58 1.75., cost? £3 195,; J. Chambers and Son V. Samuel Parr, £5 145., costs £1 3s. 6d.; ft, G. Dunn and Co. v. V. P. Lowry and Co., £12 10s. 2d., costs £1 10s. 6d.; Drivers' Ujiioii -v. Joseph Stanley, £1 35., costs os.; Pad Dietrick and Co. v. Maurice Manger, £4 195.,' costs lis.; Wellington Loan Co. v. If. E. Somerville, £5 65,, costs £1 6s. 6d. ■ JUDGMENT SUMMONSES. David Maurice, Owens was ordered to Day £30 10s. <3tt. iV Thomas Boffa by February 17; to pay £6 Is. Sd. to Veiieh and Aiisa oy February 17; A. E. Saunders to pay £29 12s. 6d. to A. H. Wise by February 1,7, warrant to bo suspended so long as defendant pays £2 10s. oh the third of each month; Daniel Twohill to pav £10 7s. 6d. to R. H, Scott and Co. by February 17.