LAW REPORTS.

Dominion, Volume 7, Issue 2252, 11 September 1914, Page 9

LAW REPORTS.

MAGISTRATE'S COURT ARGUMENT OVER THE WAR DAMAGES FOR ASSAULT A claim for damages for assault was hoard in the Magistrate's Court yesterday before Mr. W. G. Riddell, S.M., tho plaintiffs being John Quinn, telegraph linesman, of Wellington, and Mary Quinn, his wife, while the defendant was Peter Rosella, labourer, of Wellington. Mr. R. B. Williams appeared for the plaintiffs, and Mr. P. W. Jackson for the defendant. Evidence called for tho plaintiffs was to the effect that Rosella rented a house in King Street and that the Quinns lived there with him. In addition to paying the rent of tho house, Rosella paid a small amount weekly as a consideration for his board. While tho parties wero at tea on the evening of August 28, an argument arose over tho war aud Quinn left the table. A little Rosella attacked Mrs. Quinn, kicking her on the arm and closing a door while she stood'in the doorway. As a. result of the kick her arm was severely bruised and swollen and f-lie had to receive medical attention. In respect of the. injuries,'plaintiffs (Mr. and Mrs. Quinn). claimed £25 general damages and £2 10s. special damages. Rosella, in defence, denied the assault and said ihat:'Mrs. Quinn's injuries must have been the, result of a beating administered by her husband. The husband (he said) frequently came home drunk and quarrelled with his wife. It was suggested by counsel that the action had been brought as a means of extorting money from Rosella, whom tho plaintiffs know to be a widower with some money. Aftor hearing the evidonce the Magistrate expressed himself satisfied that the assault was proved by tho evidence of an independent witness called by the plaintiffs. He' thought, however, that tho amount of damages claimpd was excessive. Judgment would bo for tho plaintiffs for £5 general damages, and £2 2s. special damages, with costs and witnesses' expenses amounting to £1 Bs. ' ' . JUDGMENT BY DEFAULT.' Judgment by default was given '. for plaintiffs in , the following undefended cases: —Jeremiah O'Mcara v.' J. Habbon, £1 los., costs 55.; New Zealand Express Company, Ltd., v. F. B. Lovelock, 15s. 2d., costs 135.; John Routley v. William Wilson; £5, costs £1 os. 6d.': Geo. Stewardson v.. James Edward Skeates, 125., costs 55.; same v. Carl A Borgersen, costs 35.; Rolfcrt Martin. Ltd., v. G. R. Buscko and Co., Ltd.! £40 185.'6 d., costs £2 145.; Westport Coal Co., Ltd., v. Margaret Diamond, £5 7s. Gd., costs £1 3s.' 6d.;' A. Johns v. H. S. Hoso, £4 10s,, costs/10s.; F. Cooper, Ltd. v. O'Connor and Fuller, £2 14s. 3d., costs 10s.; 11. C, Gibbons and Co., Ltd., v. F. Sinimonds and Co., £9 12s. Id. ,costs £1 3s. 6d;; Rosr and Glendining Ltd.', v. Jolin S. M'Nicol, £42 25., costs £2 145.; Mrs. M. LouisSmith v. Christian C. Hollemanu, £16 '55., costs £1 10s. 6d. POLICE CASES., Mr. D. G. A. Cooper, S.M., was on tho Bench in the Magistrate's Court yesterday morning when the police cases wero called. Robert Sutherland, an elderly man, who had been found by night on premises in-Mulgrave Street, without lawful excuse, was convicted and orderedto come up for sentence when . called' upon. : : ■A, young man admitted having obstructed a police constable wnile tho latter was arresting, the accused's companion on. a charge of drunkenness. According to inspector Hendrey, the offence, was not a serious one and the Magistrate decided that a fine of 10s. would ineet the case. William Thomas Waters, who was charged with drunkenness, had been convicted on several provions occaeions-. Ho was sentenced to a month's imprisonment. David Tiirley pleaded guilty to a charge of drunkenness and to a further cliargo of using obscene language. For the former offence, ho was fined 10s., with the alternative of 48 hours' imprisonment, while for using the language complained of he was fined £2, the alternative being-a month's imprisonment. On a charge of drunkenness, Alexander Bolstad was fined 10s., in default to undergo 48 hours'.imprisonment. Eleven first-offending inebriates were also dealt with. ■ • - JUVENILE OFFENDERS. Three juvenile offenders were before the Magistrate yesterday morning to answer charges of theft. One lad, who was convicted of seven charges, was committed to the Wereroa Training Farm. Two other lads (one of them convicted of two charges) were, ordered to receive six strokes of the birch. . TAUMARUNUI COURT. 'By Telegraph.—Press Association.) . Taumarunui, September 10. In tho Magistrate's Court to-day, John Fulljames failed to appear on a charge of keeping liquor for sale at Ongarue. A case of whisky was disposed of in an afternoon. Fulljames was fined £50, or three months' imprisonment. • ' G. F. S. John, charged with criminal assault, was committed for trial at the Hamilton Supremo Court, hail being fixed at two sureties of £150 and a personal bond of £300.