MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 2118, 8 April 1914, Page 3

MAGISTRATE'S COURT.

POLICE CASES. -; ; THE TRIMMER , & HIS ...MANNEKS. '■ Mr. D. G. A. Cooper, S.M., presided j at the Magistrate's Court yesterday. ' Whilst at Wcstport a trimmer named s Peter Martin, belonging to the s.s. Ma« fiourika, went ou board the ressoi in an intoxicated state, and, in tlio presence of passengers, made use <if objectionable ] language, and assaulted an officer. The , accused, who ivsis charged at tho jlngis- \ trate's Court yesterday, pleaded guilty ; to the charges of drunkenness anil as- ~ sault, but denied using certain lan- E guage. ..' ' ■ i. \ The Magistrate , fi«ed accused £3 foi , using tJjc ianguago complained of, s iii ' rkl'ault oiio month's imprisonment, ..and v , iainosed a fine of £1 in respect uf Che

.;■■ assiiult"charjH>, ' Accused was convicted ;■ and discharged on the charge of (lruuls- ' .enncss'.'v-' "■ ■■ ■■ =■ ifl; ! - ; -;I)ESERTEBS—A WARNING. ■j Frederick Coombes pleaded I v Knilt.v to a tihargo of having deserted :'' the.steamer Waimaua. In sentencing i ;; accused to'one month's imprisonment, -i ■'.I%'Worship remarked: "It is time that i &?] x A a 9 n s-hoiikl icarn that yon can't do f; : r.nis:'sort of tiling with impunity." % fiK.'.r.ames E. Ward, who deserted from ' % Uiioj'.Jiner Corhithio, was sent to gaol ;. for (a. similar period. ■■ V^&. OFFICIOUS & PROFANE. / : .''..'Frank Maidvnent w»3 charged with using' profane language, and with ob- ■ stnictins a police constable in the. exe- ; cution of Ills duty, it appeared in the \ course of the proceedings that the con- .' stable had arrested a woman for impor- ,' -tuning, and the accused eamo up and created a scene by obstructing the arrest, and making uso of certain language. . . Police-Inspector Hoiulvcy described :"■ ths .accused as a waster, a thief, and > a, vagabond, who never worked. , : ' On tlio first charge. JMaidtnont was sentenced to one- month's imprisonment, 'and on the charge of using profanes I language ha was seat to gaol for six t months, the terms to be concurrent. I STONE-THROWER FINED. i Two charges of throwing stones to . the dama.se of property in Sydney Street wore, preferred against Florence Marion Stewart, who pleaded not guilty. After , hearing evidence, the Magistrate fined • accused 10s., with costs £3 195., on the ; first charge, and •ordered her to pay , Court'costs 18s. on the second count. Mr." J. l< , . ■Vγ. Bicksoii appeared for the defendant, l > - OTBEE CASES. David Macintosh pleaded guilty to charges of resisting a police constable, • damaging a. pane of glass and a. flower 1 not, valued at 105.., the property of , Gco. Phinock, and with drunkenuess, :' The Magistrate ordered accused to : make good the damage done, or in de- ■ faxilt to undergo three days' imprkoiilneut. For resisting the police he was iked £1 and costs 125., with the alternative or seven days' imprisonment, and was convicted and discharged on the remaining charge, Mary Johnston was fined £2, in default one month's imprisonment for importuning, ._ For insobriety, James Gallagher was fined 10s. Several first offenders were also convicted. For making use of certain objectionable language Christopher Smith was fined £3, in default ens month in gaol. YOmWUITvANDALS. Acts of vandalism at Kelburno resulted in the appearance of threo boys before Mr. D. G. A. Cooper, S.M., at tlia Juvenile Court yesterday. ' They wore charged with having wilfully damaged roof tiling, window sashes, etc., 6f a total value of £2 14s. 6d., tho property of W. H. Bennett. They pleaded guilty, and, after being cautioned by the Magistrate, were convicted and discharged. Tho boys' parents were ordered to make good tbo damage done. CIVIL BUSINESS. SMASH ON PAEKAKARIK,! HILL. Mr. W. G> Biddell, S.M.s ga.ve re-' served decision iu tho caso in wbich Wni. Galloway sued W. Liverton for the sum of £45, being the estimated amount of damage suffered by pkuHtiff's Inotor-pi-u'on the Packalsariki Hjll Road. Plaintiff alleged negligence on tho part ai, defendant's 'driver.'., The evidence 'disclosed that ■ plaintiff. Was ascending tho hill at a speed of about eight miles per hour, and keeping well to the left si 4© of tho road. Defendant was ies'cending tho hill at a spoed somewhat greater than plaintiff's car, lnjt it was shown that he was not keeping to tho. left-hand side of the road. Tho collision took place at a sharp corner, and wheal tho motors came in sight of each other, not more than 12ft. to 15ft. separated them. His Worship did not think that plaintiff was guilty of contributory negligeiica, for, if defendant's driver, had exorcised the duo care he shoutd at this part of the road, tho opportunity for a collision would not liavfi arisen. Judgment would be for plaintiff for £32/55., with costs amounting to €5 Ss. ' Mr. T. C. A. Hislop appeared for tho plaintiff, and Mr, A. Blair appeared for tao defendant. WRONGFUL CONVERSION. . Harry John Simpson, fruiterer, of Kilbirnie, proceeded against Laery aiid Co., Ltd., merchants and auotioiwors, Allen Streetj WcHingtoti, to recover the sum of 145,, faciflg tfic cost of a case of pineapples (Ss.), and the estimated loss of jjrofit (&.) through the non-deiivwy of the fruit to plaintiff. It was set forth in the statement of claim that plaintiff purchased ?rom tho defendant company, on March G, a case of pineapples, and that tho defendant company wrongfully disposed of the fruit by delivering ft to a third pavi.y. After hearing evidence, ihn Magietrato (Mr. W. Q. Kiddell, S.M.) gave i«d)jmfint for the full nmownt with costs £1 Bs. Mr. J. S. Barton appeared for tho. plaintiff, -and Mr. Menteath appeared for Laery and Co., Ltd.' GiUMAPHONE & LODGINGS. The action of Mrs. Thomas Hill in iotnmiiig a gramaphono and records as il surety for payment of a bill for board and lodging alleged to ba due, led to heir being sued before Mr. D. R, A. Cooper, S.M., by Minotto and Win. Frandi, farm hands, Kprori, owners of the machine. Plaintiffs asked far the return of .the gramaphono ami a number of records, or the payment of £6, in ens.'! possession could not bo had. Defendant couHter-clajmed for £5 65., as. against the plaintiff Jlinotti Frandi, imbalance due on' his board and lodging account. The machine and records were, it was alleged, left tritli Mrs. Hill as security for Frandi , s board. The Magistrate aionsiiited the plaintiffs on the claim, with £1 ]s. eosts, ami gave judgment for the defendant on the counter-claim, with costs amount. in.G lo £2 16s. His Worship said Uat, if Minotti Frandi paid tlic board owing, \i(-. cocld get the machine back. Mr. V. W. Jackson npeared for !!)c nlaintiffs. ami Mr. J. F. W. Dieksou aftfended. ". ; UXDEPENDED CASES. Mr. W. 0. Biddell, S.M., gave judg- ' liieut for plaintiff by default in the following undefended cases:—Smith slid Smith, Ltd., v. Thos. M. Wallace, £1 2s. Bd., costs 10s.; John Norton v '. Harold B. Watson, £10 11s. 6d., cost* £1 10a. (id,; British Imperial Oil Co., i Ltd., v. Chas, D. M'Connell and Co., Ltd.. £6 Hβ. 3d., costs £1 3s. Gd.; Dominion Mercantile Agency, Ltd., (as as- I of Adam Rama.so) v. Edward Hayes, 10s. Gd., costs 75.: 0- Smith, Ltd., v. Clarence and Louiso Hawker, £10 13s. fid., costs £1 ss, 6(1.; Trustees of the will of Eflwnrd Joshua Rkliliford I v. Peter Hoyes, £39 10s., costs £2 145.; 1 Herb. Pricn v. T. Kent, los, &]., costs 7sf; same v. Henry A. Evans, £2 7s» Gd., costs 11s. JUDGMENT SUMMONSES. ■ 11. M. Stevens was ordered to pay Frank Hoilrsoii the sum of £2 10s., in default three flays' imprisonment, on or before April 21 ; Harold O. Low was ordered to pay tho sum of £8 18s. sd. to ■Archibald Miller and Co. in monthly instalments of 10s. each, first payment to be made on May I.