MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2328, 9 December 1914, Page 11

MAGISTRATE'S COURT

C ;-l AN ASSAULT CASE ' BOTH PARTIES PINED The hearing of the. assault ' case in yhioh \Villiam Faulkner ia charged with • aeaaultiiig Georgo .Blako, and Blake with assaulting Faulkner, was concluded before Sir. P. 6. A. Cooper, S.M., yes-, n Mr. J. J. M'Urath appeared for I aulkner, and Mr. P. W. Jackson cuted lns Pe?tor Hendrey proseFaulluier went into the bos and gave ewaence as to the assault. Blake, he said, had Jut him first with a cane, then pulled out a revolver and tired pointblank at him. Blake tlien closed with witness, aiid hit him agaiii and again on the head with the revolver butt. • au 'knor had been cross-exam-ined by ; Mr. Jackson the case was brought to a conclusion. In giving his decision, the Magistrate remarked that the *evidenco was very ■ conflicting, and in consequence he would rather take the evidence of the constable, to whom both-defendants made t their statements of tie affair just after it had occurred. As the evidence of. • an assault was so .vague he', would fine each of the'defendants £1 for creating a breach of the peace. The costs - of the case, £6 Is., were ordered to be divided: between each defendant. A CARPENTER IN TROUBLE. , A middle-aged man liamed Jaraes Vail Borean, alleged- to- be of German nationality, appeared before D. 6. A. , Cooper,"S.M., charged. (1) with drunkenness, (2) using obscene'language in Manners Street. Inspector Hcndrey said that accused, who was a German, had expressed his ; hatred aad contempt . for the British race generally on Monday night. The • language was such as would set the city : • on lire. Accused was arrested and placed in a . cell, where he continued to use vile. language, abusive of Britain and British people. • Mr. Fitzgibbon, wlio appeared for de- • fendant, objected to the police stressing the point as to accused being a Herman ' : •

sThe Magistrate interposed that the Inspector had only stated facts. ■ Mr. Fitzgibbon said the defendant was a first offender, arid the question of. his nationality should not enter into the matter. As a matter of fact, defendant had been born in Australia."

The Magistrate remarked that the language was particularly bad. For drunkenness a.fine of 10s., in default 43 hours' imprisonment, would be imposed,' arid for using obscene language defendant Would be fined £3 or one \ month's gaol. -~•',' Mr.'' Fitzgibbon asked for time in which, to pay the money. Accused was employed as' a carpenter infitting up 'the "Knight of the Garter." .' The Magistrate allowed time in which to pay, the. money. OTHER.'OASES. .... l A'middle-aged woman, Mary Louisa Scott, was charged frith Stealing 18s. from Elizabeth Leo 'W00d... She pleaded not 'guilty. The evidence was to the effect'that'acoubed had entered .complainant's fish and chip saloon and left hurriedly with the ; 18s. which she had abstracted (from a 'monejVuDx. ■ The Magistrate decided that defendant was -guilty, and sent her to gaol for seven f daya. ' ■'". Thomas' '■_■ Frederiok;. Whiting was '... charged with using obscene language and> assaulting Constable Parkinson. Accused, _who is an Imperial Heservist, was convicted and ordered to be handed over to; the military authorities.:' ' Two seamen off the Rakaia, Donald M'Neil and Allen Henley,' were each sentenced to 14 days' gaol for absent-, ing themselves 1 without leave from that ■ vessel; •'' . . :.-/: - , .An order, was made by .MrVB. J; A. : that Edward'. Malohe, George Baker, and Henry Needhain, previously convicted of absenting themselves from the steamer ,Tokomaru Without leave, he placed on board the vessel immediately. ■ , Samuel Oolwell was remanded till tomorrow tfe#k.oh a charge of stealing-Bs. from the Automatic Bakeries .Co, ... •' Edward Malohe was fined 65., or 24 hours' imprisonment for drunkenness Isabella Foster, alias Harrington, was fined lOsij' or4B "hoursSfor dfunken- . ness. Three first offending inebriates were dealt, with.. ■ , CIVIL CASES. The New Zealand, Co-operative Dis.tributing .Company proceeded against A. Orr and; Son,'carriers, for-£1,165. for goods tupplied The case arose out of the delivery of some sacks which plaintiffs denied receiving. Mr. W. G. Riddell, who s heafd, the case, said there was considerable doubt about the matter, and defendant raust j got the benefit of ( this doubt. Plaintiffs would be nonj/'ted. Mr. E. A. Anderson appeared ' r plaintiffs, and Mr.- A. H. Hindlarsh for.defendant,,. . • ■:'■■. 4. claim for work (lone and services S dered was heard before Mr. W. G. Idell, when. W. J.. Wheeler, settler, '* Upper Hutf,' proceeded against Nat i».mish. estate agent, of Ha.6tiugs.foi .'-': i. The work alleged to, have been • ae was in the management and cart >\ defendant's property for a period oi weeks at the rate of £2 per week, \ .T. Neavo appeared for plaintiff, *1 Mt. 'M. Luckio. for defendant! r.r, er hearing the evidence, the M'agis- . ,te' non-suited plaintiff. ;-, DEFAULT DEBTOBS' LIST. .'. Judgment was given for plaintiff bj 'default in the .following undefended civil;cases by Mr. W..G.; Kiddell, S:M. —Veitch and Allan v. Albert Edwan Clemas, £1 ss, 4d., costs os.; Patricl Joseph Griffin V. William Henry Mac kay, £78 17s. 4d., 13si 6d. A. Michdll v. Edward Tainby, £3 7s 3d., costs 10a. j India .Rubber. Gutta percha, and Telegraph Works Company Ltd,, v. H. Leicester, £18 3s 6d., costi £1 IDs. 6d.; Mielps, Wilson, and Co. v Douglas I). Earle3, los., costs only Wellington Operative Bakers' and Pas .'• trycobks' Industrial Union of Worker; ' .'V. William Hodeon, £1 135., costs 6s. Dr. H. W. Pigeon v. 0, Patterson, £1 63.-, costs Bs.; Stewart Timber Co., Ltd. v. Alfred Hoyd Davies, £7 3s. 3d., cost; 10s.; Australasian Institute of Marim Engineers v, J. Johnston, £1 7s. 6d. costs 65.; same v. T. H. Murray, £'. 15s M cost 6 10s.; Thompson Bros., Ltd. v.'H. P. Muller, £12 14s. 5d., costi £1 ss. fld,; Publio Trustee' v. Mar Sullivan, £58 17s.'6a , costs £3 155.: P JR. Russell and Co., Ltd., v. .Alfref George Codlin, £19 ss. Id., costs &'. 14s. Gd. J G. Hardt and Co. v. Jamei j Charles M'Kay, £40 18s. 4d., costs £! | 145.; North and Co., Ltd., v. Franl • O'Connor, £9 Bsi od., costs £l 3a. 6d. tlie Stewart Timber Co. v. William L Carey, costs only, 155.; same v. Josepl Law, costs only, 10s.; Coutts Bros, v A. L. Davies, £2 165., costs 125.; Wei lington Publishing Co., Ltd., v. .Nor man Mason, £3 17s. 3d., costs £1; J Rod and Co. v. Alexander Khopp, £: 155., costs 65.; Michael David v. Katli leeri O'Sullivan, £1 25., costs ss. : ; JUDGMENT. SUMMONSES. Joseph Andrews w&s ordered to pa the Stewart Timber Co., Ltd., £19 0s Bd., on or before December 22, in do fault twenty-one days' imprisonment A- Brickell was ordered to pa.v'Gambl and Son £4 65., on or before Deceinbe 22, in default four days' impfison'menl Judgment was reserved in the: civ dispute Garhett Frederick Norton vv John Gustavus Jacobson, a-'claim-fa £87 lis. OiL - -,