LAW REPORTS.

Dominion, Volume 7, Issue 2135, 29 April 1914, Page 11

LAW REPORTS.

LOWER COURT. ■. -■. ..,;■. CASES OF MOLESTING CHINESE;;; r, AFFRAY IN A SHOP, - CONSTABLE ENGAGES TWO MEN. As the result of a fracas in. a Chinese fruit shop on Monday night, John William Ecaby and John Gilcbrist were jointly charged with having assmilted Constable Thcopbilus S. Hunter whilst in the execution of his duty. Reaby pleaded guilty, but Gilelirist entered a plea of not guilty. Tho latter was further charged with insobriety and with damaging a 'pair of trousers, valued at 215., the property of Constable Hunter. To these charges Gilelirist also pleaded not guilty.Mr. D. G. A. Cooper, S.JI., was on tho Bench, and Inspector Heudrcy appeared for tho police. Sing On Tio was called for the prosecution. Ho stated that the two accused entered bis shop in Manners ■Street at 10.30 p.m. on Monday. One of them purchased 2s. worth of frtiit, and then placed it all over tho counter, while Reaby took a. bunch of celery without paying for it. Gilelirist presently asked for the return of the money paid for the fruit, but witness refused, pointing out that'he (Gitchrist) bad already eaten some of the fruit. The defendant thereupon threw the fruit at the witness. At or aJiont this , stago a constable entered the shop, and ordered accused to leave tho premises. A rough-and-tumble followed, both aecused assaulting the officer. Witness at once locked the door of tho shop, and went for another constable. Both accused were subsequently arrested. Constable Hunter stated that he was in plain clothes when ho entered the shop with his wife, his purpose being to purchase some fruit. Both accused were arguing with the Chinese. Witness then described the fight which ensued, mentioning that both accused b-a-d struck him. His AVorship fined Reaby 205., in default fourteen days' imprisonment. Gilelirist was convicted for insobriety, and. on the charge of assault, was fined 20s. On tho third charge ho was ordered to pay the amount of the damage done to tho constable's trousers.

BRUTAL ISSAULT. ON UNOFFENDING CHINESE. "This is a case of a particularly brutal assault," said Inspector Hendrey, when Osborno Hall appeared in thn dock to answer a charge of assaulting Ah I'ato and Wong Chang. The Inspector went on to state- that the two Chinese were proceeding a'oug Manners Street when they were set upon by tho accused, who attacked them in a cowardly hianner. So brutal was the assault that the rrowd who gathered would have dealt out justice to the accused if tho police l);id not arrived in time. Tho Chinese wore unknown men, and they certainly had not done anyone any harm. When accused was arrested ho asserted ihafc the Chinese had insulted two girls, and that was why be had set upon those inoffensive men. The arresting policeman, however, had taken the accused to the girls, and tho latter had dewicd that tho ChincHo had insulted them— they had merely "jabbered" in their laiiftuage as they passed. Wong Cliong, a member of the crew .of. tho steamer Cyrcna, said that Jto had never seen the accused before, but lie remembered the accused assaulting him. Tho fact's were that witness ant] a friend had purchased some fruit, and, as they wero proceeding along Manners Street, they met the accused who was accompanying three women. Witness and his friend movod asido to allow them io pass, and mused then assaulted both witness and his friend. Ah Fate, a fireman on tho steamer' Cyrena, corroborated the evidence of the previous witness. They had done nothing to bring on tho assault. Charles McJtahon, theatrical manager, stated that- ho witnessed the assault which was a most brutal and cowardly one. The accused deliberately punched the Chinese and knocked then? to tho ground. Sergeant Kelly stated that at 9.20 p.m. on Monday ho was standiu* at the corner of tho Dnke of Edinburgh Hotel, and saw Hall knock tho Chinese down. Ho described the arrest and also tho taking of the Chinese over to the girls. They denied that the Chinamen had said anything to them, and as a matter of fact tho two men could not speak English. Accused made a statement to the effect that he considered himself justified in striking the Chinese as they had insulted the girls. The Magistrate said that he was satisfied that the assault had been a cowardly one. Accused was fined £1 on each charge, with costs 255. Gd. in default 21 days in gaol.

OTHER POLICE CASES. On a charge of being found on premises in Cauibridgo Tcrraco without lawful excuse, Sidney Hallon was fined UJs., in default -IS hours' imprisonment-. Un charges of having stolen -is. 3d. in money from Florence o'bono»'iue' ami having assaulted Francis James Webber j<ear. Hdwnrd Williams was ivi:iaii(led till this morning. J3 a ii was allowed in the sum of £~t. ' . • A Native named John Taupoki whs remanded till this morning , m ~ c | nr ,,- 0 ol having assaulted John Loonev with intend to rob him. ~.}'?}' '"sobriety Jane Schaare and \sel Williamson were each fined 10s. Four hrst offenders were convicted and discharged. William JJitcliie was remanded to appear at Christclnireh this morning on a charge of being a habitual inebriate-

CIVIL BUSINESS. HINDU'S DEMOLISHED CAfiT. Before Mr. W. 0. Riddel] S.M., yesterday, Biiika Cliliiba, a Hindu fruithawker, proceeded against James joimstoii, cab proprietor, for the recovery of £12 115s. dimiagos. It was sot out by plaintiff that, whilst pursuing his calliti" us a fruit-lravkor in Thorndon Quay on L'cbnuuy '20, tlio scrviint of delondnut (one Simpson) nosligently drove a. cab on the wron* sidy of the road, with the result, that llio cab collided with the fruit cart and btroyed it, together with tlio greater part of the fruit. The plaintiff also claimed that, as a result of this accident, ho had been compelled to procure another cart at a weekly hire of 6s. Ho accordingly claimed £8 as damayos to the uiirt, £3 as (Ininngc to tho"fruit, ami £1 10s. as six weeks' hire of tlio fruit cart. Mr. 1\ Jackson appeared for tlio plaintiff, aud Mr. T. Ncavo for defendant. After evidence had been heard llf. Neavo pointed out that tlio City Council had prosecuted defendant for the same ease, hut that tlio information had been dismissed. Mr. Jackson contended that the dismissal of tlio other charge could not alfect a civil action. ' ; ' Tlio Magistrate- said that it whs ah uufoi'lunalo case, but, the acci'je-ut vrns

no' fnaitVofitlie'Mefemi(iiUi|;;;?3?!afntilf: ■ •£#?>.v.; , ,' ■ ■■\:fc\--r-~T^K^;;;.:J: : 'iSf i ;iSi* : &' 1 Charles I'rij.iicis' Swiini^sficU/iAl_bo i-t^C' : i: | \VQnnacoU/cab/-propHe'tor,'!. , )'or>lliP;. , s l| » ,l,, . of £23 os.; , being. alleged to have'"bowi" s\istai ifwljbyj pl.ai.'V-rl tiff's- motor-cycle,' , Imeii 'caused ;,ljy. «r-glig«u t^:»iiefSVi'iiskll fiil_: driviuj.; of.;.:i'"servant ' 11• >;i set fortli ■■ iiv|(lic'fs Ms'teJiiiJiitiyofi eloiln that a servant•■<jf;.(Jor«ifdiint'-'s"-lia<i_, driven n iiorsc'a'iKj.-li'iiifsbHrraliiiii.Thoriu , ' don Quay in Mich'^au-buskilfiil^marmer , as to collide with plaiiitilElsYmotof cycle: . As a result of the collision : jliiijitHF i ..lmtl' BUifcred personal.daraago and'tiie'niotor cycle had'al&o been.bnciiy^lamaget!^^', Mr. P.i Jackson : - 'appearetl , *. : for,- ,, -" tlie' plaintiff and Mr./IT.'B.udfllo-ilefencled. ■ A Her ti ea ring ev i d enco' t.he ■ Magib 1 1 ato reserved decision.Jjvr-. ■; : ftßi£^S i ?.-'il.?i : ;i , .y Sir.' W. 0. "jiife. went for plaintiff' '.b'lMV.defa^ilt^with , costs, in the: foliowiiip!''-utidelViiilc(l.[*:ivil' casesirrllillar'e HarfhvoodiCn; , .;;^..' , ,^'! , :' limn Aubrey, ~£7-2s. lQci. : ;.lcosts'li>l 3s. o'd.; I'nllers' .Hiograpli^Siip'plie.s'ry:' , ft. Little, £2 7a:.fld.,:i-osts'ias.;,Jliraniar Borough Council v. 3lary June Ilobsou, £3 10s.-1d...-costs £1 ■Ss;>Thompwm tiros',, Ltd.,'v:«Jliss-Kodmond;,;£9 'is. ftd., s;O£fs .CI 3s. Ckl. Son v. 'James M'CWry,:i;s ; los;; ; :cost3 M !)s. (id.; Furniture Union fv. llicliard l< , . Biifk, £1 11s., <vosts as. rsauiß v. Gcorgo Sowman, £2 Is., coals 305.; Hooiisr and Harrison v. Afcx. K. Sorter, £11 Ills. Oil., -cnsLs .CI 30s. (k1..; lOmpiro Loan Co. v. Kiehard Clifton, it; 6, costs 'Js., and £5 155., with cosiis 95.; O. <uid A. Odlin, Ltd., v. Ernest Dyer, £12 llis. 6d., costs £1 10s. Cd.; Hiirrinstoiis, New Zealand, Ltd., v. Percy 'l'lirackrah, £'£ 10s., costs 10s.; , Welliiigtou/Saddlwy Co, v. Doblo Bros., :Bs. casts only; James W. Baddiley v. (ieoriva A. I'iigli, m 10s.. costs 10s.; i J. M"'Atfier v. Johu Fraser, £1 2s. Cd., costs as.; Howard and Tilyard v. fcdwin Cut-libert 1?.. Kirk, £2 Is. 10s.. costs 10s ; .Samuel Brewn, Lk!., v. Jolm Cower Chambers. £3'j 19s. lid., costs £2 1-is.; Uarrin'gtens, Now Zealand, Ltd., v. T. H. \Vhelton, £8 Is., costs £1 'is. 6d.; JBritish General ElectricCo., Ltd., "v. George Dnffil, ■ £5 Us., costs £1 3s. Cd.; J. T. Lewis , v. F. Robinson, £5 7s. Gil., costs £1 3s. 6d.; (I. E. Fownes v. William'. B. Swiucy, £1 Os. Cd., costs 7s. , ■ ■■ .