MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1987, 18 February 1914, Page 5

MAGISTRATE'S COURT.

'. DAY AT TERAWHITL * ..'.'■■ ■ ■ • . ; SHOOTINC OF A PEDIGREE DOC. . Before Mr. W. G. Riddell, S.M., yesterday a claim ' was hoard for £25,, arising out of- tho shooting of a greyhound dog at Terawhiti, near Wellington, on November 23, 1913. The plaintiff was ■■ Henry Thomas " Jameson, Island Bay, commercial traveller, and defendant Charles Greville, clerk, Bank of New Zealand, Hamilton. In tho statement of claim it was set out that tho animal was a pedigree dog, and had been valued by its formor owner at £40. The event took place on a Sunday afternoon, while derendant.wasout shooting rabbits with other young men. Defendant's evidcnco was that the dog had been of no use to the shooters, and' he had attempted to send it home. The dog, however, sprang at him, and he flourished his pea-riflo; to frighten it away. Tho rifle went off, accidentally, and tho dog was shot. Judgment was given for plaintiff, for £5, with costs £6 16s. 3d. ECHO OF THE STRIKE. The Inspector of Awards (Mr. R. T. Bailey) proceeded against Alan E. Warburton and J. Puddle, lately in tho employ of Messrs. Sharpo Bros., aerated water manufacturers, for leaving such employ without giving one week's notico of tho termination of their engagement. A suni of £5 from each defendant was claimed, for a breach of tho Wellington Drivers' Award. The caso appeared to be an echo of the recent strike, for the inspector explained that tho defendants had left their employ at the commehcement of tho drivers' strike. John Fracer stated that the men knocked off work at noon on Is'ovem-

ber 11. His firm and others endeavoured to get permission from tho union for their drivers to work, as they were not concerned in the strike. They wished to get all' their drivers back, because they knew their work. The firm offered 1 2s. more than tho award of £2 10s.,'but the men asked £3. Evidence : was giveii for tho defence that the men were asked to knock off work.' A nominal penalty of ss. in each case was imposed. : EXCESSIVE SPEED. Mr. E. Wi Burton, S.M., delivered reserved judgment in the case brought by tho ranger for tho Lower Hutt Borough Council (Mr. Blair) against Dr. Hamilton Gilmer (Mr. Rothenberg) for driving a motor-car at a speed exceediiiE twenty miles on hour, on the Main Road, Xiower Eutt. Defendant was fined 10s., with costs of Court, and £2 2s. solicitor's fee. HORSE & A PIT. A case camo before Mr. Riddell, S.M., in which Caspar Stringer, expressman, ■Wellington, claimed £22 7s. 6d. from Wm. I' , . Eggers, agent, 153 Featherston Street. Plaintiff alleged that defendant negligently left an excavation in a stable yard, into which plaintiff's horse fell on September 27, 1913, sustaining injuries which had prevented it working up to'the.present time.- The defence was that no excavation was made, but that if there was negligence on the.part of the defendant, there was equal negligence on tho part of the plaintiff. Ihe case was adjourned till 2.15 this afternoon. • BUSINESS DEAL. Reserved judgment by Mr. 'W. G. Riddell, S.M., was given in the case James M. Ferguson (Mr. NeUson) v. Alex T. M'William (Mr. M'Grath), in which plaintiff claimed the sum of £199 155., made- up of £100, as amount agreed to bo paid by defendant under bailment; of horses and chattels, dated October 3, 1911, aud £19 los., balance of rent of.chattels alleged to be duo, £40 special damages for depreciation of horses, £20 special damages for depreciation of chattels, and £20 special damage for failure'to deliver at the termination of tho bailment three of tho horses. originally, bailed, or their substitutes. ' ■ . Defendant filed a counter-claim for wages £3 10s. per week, less £1 a week drawn, from October 29, 1911, keep of nine horses at 15s. per Week from August 1 to August 24,; 1913, amounting to £22 4e., and storage of cabs for the same period. Tho total amount of the counterclaim was £51 18s. 6d., loss credits by bSolc-debts collected, £14 lb - i. ■'.■■• it appeared from the written agreement between the parties that on April 11, 1911, plaintiff purchased from defendant fourteen, horses and the carriages 'and other chattels mentioned in the agreement,.for £600. : . After reviewiug the case at considerable length, judgment was given for plaintiff for £100 on the claim, £19 15s. tor rent, and £10 for damages for two horses not returned, with'costs amounting to £12 12s. Judgment was for plaintiff on the'counter-claim. DEFAULT DEBTORS.

Judgment was given by Mr. W. G. : Riddell, S.M., for plaintiif, by default, in' the: , folloWing'. undefended cases:— Mana Hiniona Tcataotu- v: Rawiri P. Maliaka, £2; .costs £1; Wilford and Lovi v. .John Forest Perry, £2 55., costs 10s.; Robert' 'Craig .Reid..v. William Holmes', ~£l 2s. 10d., costs 75.; Joseph Nathan and Co;, Ltd., ~v. Frederick Augustus Butterfield, £10 10s. Bd., costs £1 10s. tid.; Griffin and Smith v. Daniel-,Caiighlan, £13 ,10s. 9d., costs £1 10s. 6d.; Wellington Stationary Traction,, and Locomotive Eugino Union v. William G. Wood, £1 Bs. 6d., costs 55.; City Council v. Ireno Ella Andersen, £4 7s. Gd., costs 75.; W. and G. Tiirnbull and Co. v. A.--E. Will&ms, £140 Iβ. 10d., costs £6 16s.': same v. same, £99 13s. lid.. costs £5 4s. 6d.; Oscar Howitt and Co; v. Jane A. Cotton, £1, costs 55.; assignees in the.-estatc of Thomas Morland Brown, trading as Jones and M'Gregor, v. Ethel M. Smith, £38 6s. 3d., costs £2 145.; P. R. Russoll and Co., Ltd., v. Frank Harriett, £15 13s. Id., costs £1 10s. 6d.; Frank Maxwell I.eckie v.' William Heavey and Mary Heavey, £21, costs. £2 175.; H. J. White and others v. W. Parker, £16 55., costs £2 Bs., and possession. JUDGMENT. SUMMONSES. Mary. Stewart was ordered to'pay tho !l'c\vn and Country Supply Stores £G Is. 7d., before March 3, in default six. days' imprisonment. W. F. Thompson was ordered to pay Arthur Leonard Anderson £2 on or before March 3, in dofault three- days' imprisonment. . James Tulloch was ordered to pay Francis Kitto and John Blythe Graham £6 Is. Gel. before March 3, in default six days' imprisonment. Robert Stevens, jun., was ordered to pay R. Hannah and Co., Ltd:, £4 7s. 6d., on or before March 3, in default four days' imprisonment. George Neish was ordered to pay Moult and Alexander £7 7s. before March 3, in default seven days' imprisonment. Alexander W. Doran was ordered to pay the Wellington Stationary, Traction, and Locomotive Engine Drivers' Union £1 7s. before March 3, in default 48 hours' imprisonment. . POLICE BUSINESS. GOODS MASSED AT THE WHARF. John Gosling was charged at the Magistrate's Court yesterday,- before Mr. E. W. Button. S.M., with having received about' 801b. ' ci .sugar, 4 bottles of pickles, 10 cucumbers, 4 tins of jam, and one- tin of salt, to the total value of 205., tho property of the Hud-dart-Parker Steamship Co., well knowing the same to have been dishonestly obtained. Accused pleaded not gui'ty,'and Inspector Hendry asked for a remand till Tuesday next, a-s the Westra'ia, tho boat from which it was alleged the goodß had been stolen, would not be in port till that day. The- remand was granted, bail being allowed in tho sum of £20. A WITNESS CAUGHT. John O'Connor, who was a witness for tho defence on the previous day, in which a man was charged with resisting the police, was himself charged with wilfully obstructing Constable Tricklebank while in tho execution of his dutv. Accused pleaded not guilty, and gave evidence that on tho day in question thero was a disturbance in Molesworth Street, a large crowd gathered, and when accused went up a constable had a man by the throat. Accused said: "Don't stranglo the man, give him fair Slay." He had had some drink that ay, but he did not catch hold of the constable. , I Constable Tricklebank said that ac- ! cused was very excited,,and had caught him by tho, arm, and told him to let; go. the man'whom he (witness) had arrested. Other evidence was given to the effect that accused had interfered. Hβ was convieTon, and sentenced to 14 days' imprisonment. ONE OF THE HOMELESS. Robt. James Coppell was charged witli being a"rt idle and disorderly person, in that he had insufficient lawful i means of support. Accused first plead- j ed guilty.. . 1 Inspector Hendry explained that it' was an unfortunate case for tho man. ■ Thero was nothing,against him, but ho iiao T)eeii found tiiat morning sleeping under a shed on the waterfront. ' He had intended going up country that day. to search for work. Accused was allowed to amend his

plea fo not guilty, and ths case was dismissed. INSOBRIETY. On a charge of insobriety Diuiiel Cassldy was sentenced to one mouth's imprisonment. JUVENILE COURT. A sitting of the Juveuilo Court was held before Mr. E. W. Burton, S.M., when a boy of 14 years was convicted of theft of a sum of money, and ordered to come up for sentence when called upon,, tho parents to make restitution of the money stolen.