MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2226, 12 August 1914, Page 3

MAGISTRATE'S COURT

A STREET FRACAS

AND ITS SEQUEL

D -.,, < ?- A - Cooper, S.M., presidw over a sitting of the Magistrate's Couri IY, yesterday morning, at . Witt flowing evidences of their previoui 18. "W s encounter, Daniel Cassidy nnc >s.; -Thomas AVatsoa stepped into the dock » Ji. clmi 'ff ed '.with committing a bread nea oj the peace. Tlio i'onaer, however, lvnf em G""ty of more than committing a breach ol the peace, boinu charged with using obscene language, and resisting a police _ constable. "I can't remember nothing," wphed Cassidy, evidently most concerned »*. and surprised at the array of charges against Trim. "I plead I struck in self- - defence, said Watson. The fight Utweeu Ji " tne ,™'° tad been a very vicious one, according to the testimony of an.eye-wit, ■m. ness, A lady had endeavoured to part the contestants,, and there was a tem■m. porary armistice, but shortly before a u., loliceman appea-red on the , scene they were at it again. The arrival of the law put an end to hostilities. Cassidy, how:A, ever > took advantage of Uu6 to let Watson have another one," with the policem. m as witness. Ho was then arrested m _ with difliculty by three constables, Watmi B ?f kln R advantage of concentration' of j a . attention to run away. Eventually both ess V*" 1 secured and marched 'to the station. A tine of 10s. was imposed on each for ur the threatening behaviour, while Cassidy was fined £2 for the language and ,£1 for , resisting the police. The alternatives were fixed at seven, days and li days ie- _ BpectivelT. . J . )., A PITIFUL CASE. A rather pitiful tale waa unfolded in connetftjun with the arrest of Arthur Oldnam, a wharf labourer, who was charged : with the theft of a bag of sugar valued at 10s. from the Wellington Harbour Hoard. Inspector Hendrey explained that accused had stolon the sugar from a truck on the wharf,-and when arrested had said that he wanted the sugar to sell to feed his children. "I have a wifo laid up aVhomfl," he pitifully pleaded to tho Magistrate, 'and there are four kiddies. - I-must have gone off my hoad when I , done it. In receiving the assurance from ■ the constable that accused was a hard- : working, .man, the Magistrate said he ivould give him a chance, ordering him ■to come up for sentence when called f UPOn- ' ' ■■■'■.'. h .. . OTHER CASES. John Power,'alias O'Brien' Maloiiey, ie charged with the theft of thirty plugs of if tobacco and one tin, valued at 245., from o Hop Fook Chong, was remanded to Auif gust 18. ....... ■ Eor drunkenness, Frederick Wilson was n fined 205., and Peter Martin and John )- bulhvan each 10s. Three first offenders I. similarly charged uere convicted and disif. charged. ■ ■ ' . CIVIL CASES. 7 ' A EAINPEOOP MOTOR-HOOD. • A dispute about a hood-covering for a motor-bus formed the basis of a civil , action heard before- Mr. D; G. A. Cooper, , & - M -. yesterday. The case was ono in winch Georgo Edward Northey Anson, motor-bus proprietor, of Lower Hutt, sued , House, Black, and Son, of Wellington, ccacli builders, for the sum otMQ. The tacts of the case as laid out in tho statement of claim veto that on about May 20, 1911, defendants sold to tho plaintiff a hood-bovering for a motor-bus, which, it was agreed upon, was to be of tho best quality hoodite. 'Plaintiff alleged that tho hood supplied was of inferior quality, and not according to tho warranty of the defendants and quite unfit for the purpose required, inasmuch as every shower of rain beat through tho cover. Plaintiff alleged damages 'suffered as follow:—Cost' of the' hood, £20; cost of restuffing the cushions of the bus, ,£10; in all ,£3O. Mr. B P. Biinny appeared for plantiffs, and Mr. J. S. Barton for defendants. In giving judgment for plaintiff, the Magistrate remarked that it'was quite clear fiom .the evidence , that th'O quality of the. hood was not such as to ki-op out the ram. Judgment was given for .£2O, with costs amounting to ,£4 69, SIR. JOHN PINDLAY'S HOUSE. A claim and counter-claim ouncerning ' the removal and re-erection of Sir John iiudlars late residence, Wellington Terrace, was heard before Mr. W. G. Kiddoll, o.M. Ihe case was one in which Francis lidgar Cooper, of 18 Percival ■ Street, Wellington, builder and contractor, proceeded against Albury Francis Gualter, of Gualter, Dykes, and Co., land agents, Wellington, for the recovery of the sum of £51), being tho balance due on a contract for the removal and re-ereotioa of Sir John lundlay's late residence. In the statement of counter-claim, defendant alleged that by three several agreements in March, May, and September, 1913, plaintiff had agreed with defendant to execute for him' the building .works specified, it was further alleged, that"plaintiff had failed.to carry out tho obligations on his part as contained in the agreement, and that defendant had thereby suffered damage to the extent of £85. During the .hearing,of the case, Mr. D. Jackson appeared for plaintiff, and Mr. Evans for defendant. Decision was reserved. ' A WINDMILL DISPUTE. • E-eserved judgment was given bv Mr. W. G.. Biddell, S.M., in the civil case in which J. B. M'Eivan and Co., Ltd. proceeded against Charles E. Wildfcore, n farmer at Pohangina, for the sum , of ,£39 ' ' 4s. 'lid. The action concerned the - delivery and erection of a windmill, which plaintiffs had- delivered to defendant,' alleging that they had been quite prepared to erect the same, but defendant had, through various causos, postponed this operation. Plaintiffs finally agreed to the return of the mill, but as defendant was so dilatory, this offei- was "subsequently withdrawn. Judgment was given for plaintiff for i:27 185., ; together with special damages M Os. lid., and general expenses .£lO Us. 6d. • ■ . OTHER CASES. . A claim for goods supplied was made by William James Hart, butcher, of Island Bay, agiii.ist William Edwards, before Mr. D. G. A. Cooper, S.M. Plaintiff alleged that goods had been supplied to defendant to 'the amount of £3 13s. ■ 10d., and had not been paid for. After ' hearing evidence, the Magistrate gave judgment for tho amount claimed, with costs'ss. '•■ ■. ; . DEFAULTING DEBTOES. Judgment was given for plaintiff by default in the following undefended cases:— Field, Luckie, and Toogood v. Eugene Lauguer, £U8 10s. Cd., costs £S 145.; E. 11. Crease and Sons, Ltd., v. Thomas Keid Inch, i!2O -ss. Id., costs M 145.;. Frank G. Reid v..Evelyn A. Littlowood, £8 11s. lid., costs ,£1 18s. 6d.; Veitch and Allan v. Hector .Tocker, 10s., costs 10s.; same v. John D. M'Call, 12 Us. 3d., costs 125.; Rosenberg and Co. v. James J. Jlahor, £3 55., costs 55.; C. and A. Odlin limber Co. v. S. Galbraith, costs only £1, 55.; City Coumil y. Margarot Ellen Walker, «£l3 ISs. 5d., coste 155.; Thomson Bros., Ltd., .v. F; A. Meech, £i 2 12s. 6d., x>sta £\ Us.; J. Derbyshire and Co. v. 3'Connor and Fuller, ;£l2 os. 3d. , , costs £1 10s. 6d.; Public Trustee v. Arthur larper, £1 135., costs 95.; Carl Frechling r. George W. Phipps, 7s. Gd., costs 10s.; Ulan Ward'v. Edward H. Eton,.j;3 10s. :od., costs 10s.; Henry Ivory v. J. W. Jncles, £2, costs 10s.; eanie v. W. Emia, CI 175., costs &s.; Charles S. Woodward • John Nash, .£1 10s., costs 55.; Master .- lalcers' Union v. George M. W'Uiams, E3 35., costs 10s.; Perry and M'lntosh v. ieorgo Glover, ,£1 Ss. Gil., costs 55,; Jamea Smith, Ltd., v. H. Wyett, M lGs. Bd., osts 10s.; Dominion Clothing Company ■. Alexander Smvlo, £3 2s. Gd., costs 10s. !. M. Banks, Ltd., v. John E. Fitzgerald, 313 Gs. Gd., costs £1 Ills. Gd.; James Coterill v. John Henry. Weaver, jCI Bs., osts 10s.

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