LAW REPORTS.

Dominion, Volume 7, Issue 2143, 8 May 1914, Page 4

LAW REPORTS.

« " V MAGISTRATE'S COURT. ( n 0 THE CHINESE UNDERWORLD 1 e r SOME OF 1 ITS WAYS. r f — ~~~~" n Further cases arising out of tbo re- n cent police visit to Chinese premises p in Haiuing Street wero heard before 11 Mr. D. G. A. Cooper, S.M., at the Mag- I istrato's Court yesterday. r Sixteen Chinese appeared to answer charges of having been found in a common gaming house, to wit, No. IS a Haining Street. The accused wore: Joe Lee, Yce Gee, Gee, Ah Lum, Jim Meo, Lee Long, Tin Bow, Ah Wong, Ah Sain, She Tong, All Yung, Tai Lee, Wong,' I Ah Hoe, Ah Yuan,' and Ah Geo. s Sub-Inspector Slieehan prosecuted, t and Mr. J. F. W. Dickson, who reprc- v sented the accused, entered a plea of 1 not guilty, ilr. Henry Jackson, secre- 1 tary to the Chinese Consul, acted as in- 1 terpretor. Detective-Sergeant Cassells gave evi- a dcnce describing the raid at 1.30 a.m. ri 011 Sunday, April 19, 011 premises occupied by Ah Yep. A'largo quantity of gambling material had been found, and one room was fitted up for fan tan. j To Mr. Djokson: Nearly every , house t in Haining Street was a gambling den. 1 As to Ah Geo, he never did any work. E Ho was, in fact, a banker, and was also f ''boss dog" of Haining Street. ' 1 Senior Sergeant S. J. Dew and Con- ; stable J. J. Wilson also gave evidence , regarding the raid. * Francis Hutton, clerk at tho Magis- ] trato's Court, Wellington, gave evidence ( as to the conviction 011 May 4 of Ah t Yep on a charge of keeping a common ( gamilig house known as No. 18 Haining Street. Ah Yep had been sentenced to j two months' imprisonment For tho defence, Mr. Dickson said j that, even if the Cliineso wero playing dominoes, that would not mako . tho house a common gaming house. His Worship: I havo already held j that- it is a common, gaming house . \ Mr. Dickson: Oh, yes, that will of ; course stand. | His Worship: It will stjud for the | present. ; Mr. Dickson then made reference to ( tlio probability of an appeal, and went ; 011 to state that 1110 game of dominoes. ; was not one of chanco, but was purely a game of skill. As to tho premises, No. , 18 Haining Street was a recognised ; Cliineso boardinghouse. He then called several Chinese, who swore that No. 18 , Haitiing\ Street was a boardinghouse. Numbers of Chinese frequented the place for the purpose of obtaining meals. , Subsequently all the accused, with tho exception of Lee Long, Ah Hoe, Wong, Tin Bow, All Yung, and Tai Lee, withdrew their plea of innocence and pleaded guilty. His Worship remarked that ho had not' a shadow of doubt that all tlife accused were guilty, with the exception of Ah Hoe and Tai Leo, Those two would be given the benefit of the doubt, and tho informations against them would bb dismissed. / Of the remaining accused, She T'ong and Ah Y r ung, who had been previously convicted, were each fined £3, with tho alternative of fourteen days' imprisonment. The other Chinese, all of whom were first offenders, wero each fined £2, with a similar alternative. Each defendant was ordered' to pay 2s. Gd. towards interpreter's costs. OTHER POLICE CASES. , A sentence of one month's imprisonment; wa» imposed 011 Charles Saunders, who w r as charged, with being a,n idle and disorderly person. On a charge of insobriety ho was convicted and discharged. \ Gustav Semnit and Augustus Flux were each lined/£2, in default one month's imprisonment, for using objectionable language. - For committing a certain act, Adam Schmidt was fined £1, or, as an alternative, seven days' detention. Harold Spencer Canlken, charged 011 a warrant from Auckland with stealing a diamond-ring, valued at £9 10s., the property of Jacob Ziman, was remanded to appear at the northern city 011 Saturday morning. For insobriety, Ellen Johnston was sent to gaol for one month. For a like offence, Wm. James Martin was fined 10s. Several first offenders were leniently dealt wtih. CIVIL BUSINESS. RECOVERING PROMISSORY NOTE. Mr. W. G. Riddoll, S.M., delivered reserved judgment in a in which Anderson and Co. sued the Dominion Consolidated Development Co., Ltd., for £29 4s. 7d., the amount of a promissory note dated June 13, 1913, made by defendant, and payable to plaintiffs three months after date, and which defendant had not paid. Anderson and Co. also claimed 16s. lOd. as interest, at the rate of 8 per cent. Tho Domin- ! ion Development Co. counter-claimed ' for tho recovery of tho promissory note, ' and for its cancellation, on the ground that the consideration for which it had been given had failed. They also j claimed £2 16s. 6d. for expenses incurred in respect to a wire-rope supplied | to them by Anderson and Co., but which, after delivery, had been found to be 38ft. short. In the alternative, ' tho Development Co. claimed £32 Is. 1 Id. for idamago in respect of short _' supply of wire-rope and loss of profits. His Worship held that, under tho.cir--1 cumstanccs, tho Dominion Development ) Co. must be deehied to have accepted j the rope, as they had retained it for an unreasonable time without examining it and;'without intimating to Anderson and Co. that it would be rejected. 3 Judgment would be for plantiffs (Andcr-' 1 son and Co.) for £28 10s. Id., being . '£29 4s. 7d., less 145.. 6d.—the price of > the 38ft. of rope. Costs amounting to t- £1 10s. were allowed Anderson and Ccf., r in whose favour judgment on the coun-tor-claim was also given. n Mr. T. Young appeared- for plaintiffs, i find Mr. Fell defended, s ' 1 RE-TOUCHING PHOTOGRAPHS. ~ Photographs, as most people know, J are susceptible of marked change in tho process of re-touching, and, yesterday, Mr. D. G. A. Cooper, S.M., had to decido a point involving the matter of "touching up." F.. Land, photographer', Tosca Studio, Lambton Quay, sued 11. Foley, contractor, of Wellington, for 165., this being the value of several photographs alleged to have been ordered by tbo.defendant. For the plaintiff it was set forth that £ defendant Foley had undertaken to accept tbo photographs if tlioy were '■ "touched" up. Foley bad complained . that- they mnde him appear too good [1 looking, and Tie would prefer them more e like himself. Tbo change desired was executed, and tho photographs delivered. '* ' The defence was a denial of any request for re-touching. J After hearing evidence, the Magisfi trate gave judgment for tlio photograo nher for the full amount, with costs 0 20s. Mr. If. L. Macbell appeared for [- olaintiff, and Mr. W. Perry defended, a W'ltKß I', BOTH SIDES ERUED. " A collision between a motor-cyclist j and a cab formed the subject of a re- .. served decision delivered by Mr. W. Q. Riddcll, S.M. The plaintiff was Charles Francis Swain, engineer. He claimed from Albert C. Wnunacott, cab proprietor, the • BUth of £23 35., as the estimated

amount of damage sustained by bis"!-' motor-cycle, through collision with a 1 .; cab, \vbicli had bpen nc(;ligcnt!y and unskilfully driven by defendant's servant. It appeared, said His Worship, that t ho parties were approaching each otiior j at- right angles, and each was possessed of the idea tliat one should give way to Die other. Neither gave way, and the collision resulted. Wiiero v-jfiicles were approaching at rir;;hfc angles, the rule regarding tlic wrong side of the road could not very well br- applicable. In this case, however, the vehicles were travelling at ciizht wiles an hour, whereas they should not have hews making more than four miles. Both parties bad committed an error of judgment. and both svero equally to blame. Plaintiff would be nonsuited, without costs. Mr. P. TV. Jackson appeared :for plaintiff, and Mr. H. Buddie for defendant. GRAZING CfcAlM—lßß WEEKS. A case in which Holuia TVarcim, of Potono. claimed from Thomas Harley a sum of £18 12s. for grasiag fees alleged to bo due for grazing a filly for 186 weeks—August 28, 1910, to March 80, 1914—was mentioned before Mi*. TV. G. liiddoll, S.M., and adjourned till Mav 14. 3fr. 0., Beoro appeared for plaintiff, and Mr. i\ TV. Jackson represented the defendant. SALE OF IRON GIRDERS. A business deal /involvina a sale ot iron was the ■'subject of fttigntioii ill the Magistrate's Court yesterdviy. William Wilson, contractor, of Wellington, sought to recover t'roiii David, Robertsoil and Co., Ltd., ironfoundors, also of Wellington, the-sunrof £82 ITs. fid, for iron girders alleged to lie sold by the plaintiff and bought by the defendant. The defence was that the defendant had bought a certain number of girders, and only took the balance (over which the dispute arose) to store for the plaintiff's convenience. Mr. H. ]fl. 'Anderson appeared tar plaintiff, and Mr. T. Young defended. After hearing the evidence, ihe Magistrate reserved judgment. UNDEFENDED DEBTORS. Judgment for plaintiff by default was given by Mr. TV. (i. RiddeH, S.M., in the following undefended,,cases:—N,Z. Express Co., Ltd., v. It. J. Page, £2 Gs. 3d., costs. 125.; same v, M. L. Millett, 155., costs 14s, :,Ada Allen v. Alex Resido £7 75., costs £2 13s. Gd.; Veitch and Allan v. J. D. Howell, 7s. 6d., costs 25.; C. Pratt and Co. 1 v. August Wallace, £1. 7s. Gd., costs 55.; sajste v. Agnes Johnston, £4 18s. 6d., costs 10s.; J. E. Tristram v John Wclsbv, £1 6s, 3d., costs 65.; Bammtyiie and Hunter v. F. G. Moore, £8 13s. M.,- eests £1 3s. Gd.; Commercial Union Assurance Co., Ltd., v. E. TV. Wofldlionse, £5 Is., costs £1 35., 6d.; James Courtney and James Hyde, £20, costs £2 65.; Douglas Waldie v. WtUkm M'Kenssie, £3 10s., costs 125.; Bhiudell Bros., Ltd., v, William Chamberlain, 13s, Gd., costs 55.; Macky, Logan, and Caldwell. Ltd., v. fi. Gray, £1 10s., costs 55.; Colonial Carrying Co. v". Hawko's'Bay Fruit, and Cold Storage Co., Ltd., £1 2s. 6d., costs 5s ; George James Mudford v.- Claude Greenfield, £31 7s. Bd., costs £3; Wellington Publishing Co., Ltd., v. F. Herring, £17 25,, costs 155.; same v. S. R. Stowart, £2 25., costs 55.; Laery and Co., Ltd., i-. Mrs. B. Debnev, £1, 19s. 10d., costs 55,; J. T. Foley r. Thomas Atkins, £2 175., costs lis. ; Wellington Loan Co. v. Beatrice E. Scaifc, £14 18s. 3d., casts £1 10s. (3d.: King and Co., Ltd:,- v. Richard Milla, £9 10s. 3d., costs £'1 Ss, fid.; National Mutual Life. Association of Australasia. Ltd., v. Michael Joseph Hodgins and Wallace Cecil James, £24 18s. 4d., costs £2 .17s. JUDGMENT' SCMSIONg. J. M'Merney was ordered to pay lis, to James Bell by May 21; 0. B. Carpenter to pay:£l 14s. Gd. to the Wei- • lington Gas Co. by May 21; Charles Koroneho to pay Barber and Co. £1 14s. 3d. by May 3L THE KEMP STATUE. Argument was coiiclndcd i.ii the Court of Appeal yesterday in the ease which relates to tho statue erected in Wanga» ,nui in memory of the late Major Kemp. The present afition was an appeal against an. order for a re-trial of the .original case. The. original ease was a claim by Frank Harris ami Co., of Aiwk; land, for the recovery of £!?00 froni Mrs. Rora Hakavaia, Major Kemp's «iste'r. as the balances owing oiutli*. monument. This ease was beam at Palmers ton North in May , 1913, before Sir. Justice -Chapman and. a common jury of twelve. The jury found in favour of Harris and Co., and judgment was accordingly entered for then;-. In June, Mr. Justiee Chapman heard and granted an application for a new trial on the ground that the findings of the jury were against the weight of evidence. Against this order for a new trial Harris and Co. now appealed, and it was this phase of the litigation whieh the Court concluded hearing yesterday. Tho bench was oeenpkx} by ThenHonours Mr. Justice Denniston, Mr. Justice Edwards, Mr. Justice Sim. and Mr. Justice .Hoskmg. Sir. M. Myers . appeared for the appellants, and Mr, A. [ Gray, K.C., with him Air. 0. 11. Fell, represented tho respondent. [ THE CUSTODY OV CHILDREN, i His Honour the Chief Justiee (Sir . Robert Stout) heard an application by I Frederick Leslie Howard for the custody ; of two young children. Howard said : 1 that he was the father of tho children, and that their mother was Agues Udall. ' He had recently put the children in a t home, but their mother had taken them away. He considered that , tho child' . ren should not be left in tlic woman's t care, and so applied., as stated to the | Court. ~ Judgpicnt will, he given to-day.