MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2264, 25 September 1914, Page 7

MAGISTRATE'S COURT

PROSECUTION OF MILK VENDORS , TWO CASES DISMISSED An important judgment was delivered i by Mr. D. G. A. Cooper, S.M., in«tho Magistrate's Court yesterday in respect to the prosecution of two milk vendors, fred. Jepson and Isabel Harrington, by the Health Department for Belling adulterated milk. Afc tho hearing of the case Mr. M. Myers, who appeared for tho two vendors, had submitted that the two charges should be dismissed as the samples of milk produced in court, as purchased, had not been properly sealed. Mr. Myers had demonstrated this by partly lifting tho stoppers of two of the bottles and pouring some of tho contontsout. Jn reply, Mr., Macassey, who appeared for tho Health Department, had submitted that tho milk could not ho taken out of tho bottles except by force, and it was not necessary to tie up tho bottles so as to make it impossible to forco the milk from them. Tho Act laid it down that the bottles in which the samnles were taken should bo secure in such a manner as its nature permitted. Tn giving judgment, the Magistrate remarked that this was a case which must bo decided on' a question of fact. That was to say. whether the bottle in which tho sample of milk was taken, and to be handed to defendant, was securely fastened in such a manner as its naturo watlld permit. In, his, .Worshjn'^

opinion, the fastening of the cork could have been interfered with and the contents of the bottle either abstracted or added to without the knowledge of either the Health Department or defendant. The Act provided that the bottles should bo so fastened that they could not be interfered with without, leaving somo visible ovidence of such interference. Both' informations would be dismissed. . , • ;. "A. DANGEROUS CRIMINAL." Arthur Walsh, alias Burgess, also familiarly known as "Shorty," was charged with the theft of a. tie pin, valued at £2 10s., from the person of William Dunno. and also with the theft of a gun-metal watch, valued at 10s., the property of some person unknown. On the first charge he was remanded' to September 30, while he pleaded not guilty to the second charge.' ■ Evidence was given by a reoond-hand dealer to the effect that accused endeavoured to dispose l of,the watch in question to him. ■•''.' ; • The accused persisted in his. defence for about half an hour. 'First ho said he was.not the person who had tried to dispose of the. watch to the secondhand dealer. He severely questioned the second-hand dealer in this respect. "You say-you 'indemnified' me at_ the Mount - : Cook ' Gaol," he inquired.' "Didn't the police tell you I was the third man from the end before you came into the.room to. pick me out?" Later the.accused resorted to/another meanß .of defence and called a fellow prisoner,' from the prisoners' ante-room ho had just vacated, to swear that the gunmetal watch belonged' to him. The two, had evidently talked the matter wer previously, for'the "mato".from the .ante-room said the watch was his before he was shown it by the police. 'Tou seem t& know the- watch bqforo you have seen it, witness?" remarked the Magistrate, _and the pair .looked foolish. Accused tried other defences, but they all failed. ''This man is a dangerous criminal, and the longer he is sentenced the better for c ßociety," said Inspector Hendrey.' '"-'•' ~.','.{■ ■.- The Magistrate imposed a' sentence of two months..! ; '" .' ' " Accused's mate, James Smith, alias "Griffo," followed,*'.'and ho- evidently realised that:a/(similar plea would be useless, • and he; pleaded guilty to two charges of boing-idle and disorderly. He was sentenced to, two months' imprisonment. ■ '"•. ' ■:."'. , C : 6THEB/CAS'ES..' ' ' Patrick :D'aly,' an old ofiender, was fined £1, or. ! three days', gaol, for drunkennoss, and £2, or seven, days, for; resisting a constable." ';>■'•. ' Emily -Baker, a 'prohibited person, who was arrested for drunkenness in Haihing Street," was fined £1, or, seven •days' imprisonment. Similarly charged, Wilfred-''Cyril Foley was fined 10s., or 48 hours."l'ivo.first.offenders were dealt vitV -■: - ■. '< ■- ■;■:-:: - ',/''■'. — - ■';.:. <; "piviL CASES. ,-' ),'.. "■;•■:' CONFLICTING' EVIDENCE. . \ ' Reserved' judgment , t waij delivered by Mr. \V. G- Jiuldell in. respect to a , claim by Walter Coombs Futter, settler; of Wellington, against John Fulton Gay, farmer, of Jloputuroa, to recover £30 for rent of part of section 10, Harbour Distriot/Ngahauranga, under deed of lease' dated Octob'or J., 1909. The sum of £3 N lss. was'paid into court by In giving judgment, the Magistrate remarked that the whole aifair was unsatisfactory. The evidence ivas very conflicting.,. Judgment would /be given for'plaintiff'for £7 10s., with . costs £2 Is. Mr. 0. Beero appeared'for yand.Mr. H.v,A. Machell for : defendant! .'.''. • CLAIM FOR GOODS SOLD. •;H. M.' Haywafd proceeded againstH. Gri Williams for the recovery of.the sum of '£53'19b. 4d..for the balance of goddE alleged to'have been sold and delivered i to defendant by plaintiff. In reserving his decision after hearing evidence, the Magistrate (Mr. W. G.: Riddell, S.M.) ' said that the case was really one for settlement' between the parties them- ' selves."'Mri'vF. Houldsw'orth appeared .for the plaintiff, and Mr. E. P. Bunny "for defendant. ../':.' JUDGMENT BY-DEFAULT. '. Judgment was given for plaintiffs ■bj default" in the following... undefehdec civil cases:—-The Commercial Agency, Ltdi, v.;W. Brooks, 12s. 6tf;, costs 10s. C. W.I Barker v. H. Sainsbury, £4 ; costs 10s.; Public Trustee y. Joseph Carruthers, £11 155., costs. £1 10s. 6d.; Nelson, Moate and Co., Ltd;,, v. Mrs. Bronkhurst (judgment against l separate estate), £16 2s. 9d., costs £1 10s. 6d.: Empire Oil Company, Ltd., v. N. C. Holdaway, £27, costs £2 145.; Nelson, Moate and Co. v. George Beckett, £S ) Ms., costs 10s.; Magnus, Sanderson and Co., Ltd:,, v. Heuloy Automobile and Motor Co., £10 195.,-costs £1 10s. 6d. Public Trustee v; Kemp Wcreta, £114s, 6d., costs' 18s.; same v.. John Reweti, £7 3s. 5d., costs £1 Bs. 6d.; R. Jamie- ■ son and Co.; Ltd., v. J..C. M'Kay,£2e 10s! 2d., costs £2 14s.';-John Murray v. H. S. Benge, £3 7s. 9d., costs 125.; ■ Chas. Alexander. Baker- v. Richard Hawkes, £13 75., costs £1 10s. 6d.; : Vacuum Oil Co. Proprietary, Ltd., -v. ■ Pacifio Motor Co., Ltd., £99 Us. 6d.. > costs £s'; W. H. Green and Co, v. T 1 Leete, £7 18s. Id., costs £1 3s; 6d. ■ Thomson, Lewis' and Co. v. Mrs.;,-..S Black, £8 9s. 3d., costs £1 ss. '6d, » F. Cooper, Ltd., v. J...H. Whrtrng, 16s > Bd., costß 5b.. ' V

JUDGMENT SUMMONSES. :.■/,. Edward .W. Oliver was ordered to pay Jobi. H.' Hinton £20 on. or before October 8, in default,three weeks' gaol; E George Osborne was ordered to pay Jas. T. Lewis £8 7s.- (3d. by October 8. in. default seyen days; "Wm Ed'wards, to pay Wm. Jaß. Hart £4 19s, by October 8, in default four days.- (