MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2383, 12 February 1915, Page 3

MAGISTRATE'S COURT

THEFT OF A MAIL BAG ONE SAILOR COMMITTED FOR TRIAL The two seamen off the Corinthic, James Andrews and Frederick James Patching, again appeared before Mr. D. : v S. A. Cooper, S.H., in the Magistrate's Court .yesterday afternoon to have .further evidence taken against them in respect to the charge of stealing a mailbag and contents, valued at £9, the perty of Postmaster-General, while the Corinthio .was on its way from London to Wellington. . Mr. H. F. O'Leary appeared on behalf of both accused, while Chief-Detective Boddam prosecuted. Joseph 6. M'Dougall, of the Auckland Post Office, gave evidence that he received the Auckland portion of the English mail by the Corinthic. Mailbag 772 (in Court) was' missing, and it contained three, parcels addressed to Auckland. ." :

( William John Ward, in. the employ of Smith and Coye, ; Auckland, Bald the Roods produoed in Court were similar to those ordered for, his firm from Lonn? 11 '.. These goods never came to hand. Similar evidence was given by a representative of another Auckland firm. Evidence was given by Detective Mason that on January 27 last he had examined the parcel ruail-bag (produced), which was found with a number of paper wrappers in a disused pantry on the Corintliicv - When, ■. witness was searching, the Corinthic later he discovered accused Andrews lying apparently asleep or drunk in the seamen s quarters. On arousing Andrews, after some difficulty, witness , found in his bedding the articles produced in Court, which included 27 pairs of rubber gloves, while he ■ discovered another of the missing articles above accused's bunk. .. Without being questioned, Andrews immediately said, "I know nothing about that, sir. or how it got there." Witness also discovered in Andrews's bunk 12 tins of preserved figs. When he was being taken to the police Andrews said "I knew I was gone when you began to shake me." Then later again, Andrews said "You fellows think you know everything. Tho gloves you found in that chap's bunk (meaning accused Patching, who was also present) I threw them there when -you fellows were coming in."

Similar evidence was given by Detective Camerou, who also visited the Corinthic on receipt of a message that mail matter was missing. the-evidence, and Mi.

O'Loarr submited that in Patching's case the evidence was not sufficient, and the case should not go to the Supreme Court. The Magistrate agreed, and Patching was discharged. Andrews pleaded not guilty, and was committed to the Supreme Court for trial.

OTHER CASES. Martin Samuelson was fined <10s., in default seven days' imprisonment, for drunkenness, and fined £3, or one month's gaol for using obscene languago. . ' John Henry Yarkor was oonvictcd and discharged for drunkenness, and fined £2, in default seven days' imprisonment for resisting Constable Gordine. For drunkenness, Joseph Barker, i David Wm. Rowe, and Thomas Mulligan were each fined 205., or three days' imprisonment, and Patrick Shannon fined 10s. or forty-eight hours' imprisonment. Four first-offenders were dealt with. CIVIL CASES. • AN IMPORTANT JUDGMENT. Reserved judgment was delivered by Mr. W. G. Riddell, S.M., yesterday in a civil dispute heard some time ago, in which Charles Pratt, as assignee for Eliza Loe, late of the Tiffin Restaurant, Manners Street, - proceeded against George Winder. At the hearing plaintiff asserted that until recently Mrs. Lee held the restaurant as tenant from defendant at a rental of £7 per weekDefendant distrained on the goods on June 24 last for £120 for rent due. Defendant withdrew the distress on July 10, a certain agreement being ar--1 rived at.. It was claimed, however, that in breach of the agreement and of the Distress and Replevin Act against' successive distresses, defendant, on August.3l, distrained on the goods for the whole of the-rent owing. Acting under such distress, defendant caused the whole of the chattels on the' premises to be sold by public auction. The .proceeds of this auction totalled £113 19s. 4d. Plaintiff alleged that defendant had retained the whole of this amount, whereas he should have, paid plaintiff £101 10s. 2d. Plaintiff further claimed that the articles distrained upon were furniture and articles of trade, and in consequcnco an exemption of £50 _ should have been allowed, lu giving his decision the Magistrate, after, reviewing the facts of the 1 case, said that in his opinion defendant was barred by his agreement from exercising his right of distress until after the expiry of three months fi;om July 10. The position between defendant and Mrs. Lee after July 10 was that, by arranging a fresh term of tenancy with Mrs. Lec, defendant prejudiced his right of distress, for. any arrears of rent due. on the distress' on September 3, and was therefore limited to. rent due under the new tenancy, viz., £24. Plaintiff was therefore entitled to £94 10s. '2d., and; judgment would he entered accordingly. The point as to the Section 5 of trie Distress and Replevin Act did not affect the position, ana consequently was not considered. Costs totalling £8 16s. were allowed. Mr. A. Dunn appeared for plaintiff; and Mr. E. J. Fitzgibbon for defendant.

DISPUTE ABOUT RENT. . Claim and counter-claim concerning the renting of a house at Mount Pleasant was heard before Mr. W. G. Riddell, the parties to the dispute being two brothers, Stanley Johns and N, Johns. Plaintiff, claimed 46 weeks' rent at 7s. 6d. a week, totalling £17 55., less £4 18s. lOd. insurance and rates. Defendant counter-claimed for £9 18s., beinE the sum of £10, lent by defendant to plaintiff,. and the sum of' £3 18s., moneys paid by defendant for material for the use of plaintiff in the erection of his houso, less £4 paid by plaintiff on account. In respect to the claim, the Magistrate gave judgment for £9 Bs. Bd., with costs £2 ls„ and in the counter-claim judgment was given for defendant for £3 IBs.. with costs £1 4s. Mr. H. F. Von Haast appeared for plaintiff and Mr. P. "VV. Jackson for defendant. DEFAULT DEBTORS' LIST.

Judgment was s given for plaintiff by default in the following undefended civil cases by, Mr. W. G. Riddell, S.M. -.—Assignees of Geo. Bradley v. H. Peters, £22 3s. 7d., costs £3,105.; Geo. Winder v. ,G. Olaf A. Olsen and L. E. Olson (his wife), £47 10s. 10d., costs £4; Novelties, Ltd., v. A. E.' Cooke, £1 3s. 4d., costs 55.; Morrison and Pen-, ncy v. J. Claysori, £4155.,' costs 10s.; W. F. Evans v. Philip L. Prico, £19' Is.' 10d., costs £1 12s. 6d.; Johnston and Co., Ltd., v. Donald Green, £29 12s. 4d.. costs £2 145.; Commercial Agency, Ltd,, v. Wm. Vickers, £2 10s., costs 10s. ; same v. T. Sargeson, £13 10s., costs £1 17s. 6d.; Walter White v. Robb Bros., £4 10s., costs 10s.; John Murray v. L. D'Auston, £1 Is., costs 55.; Vacuum Co. Proprietary, Ltd., v. W. Anderson, £13 14s. 2d., costs £1 10s. 6d.| Wellington Gas Company v. Chas. Grayland, £3 4s. 3d., costs 10s.; Commercial Agency, Ltd!, v. David Whyte, £117 Bs. 5d., costs £5 18s.; name v v ßert Keeper, £5 Is., ccsts £1 3s. 6d.; Chas. M'Phee and Co. v. Fred. Millman. £1 7s. Bd., costs 55.; John Jacobus r. W. Charles, £3 10s., costs 6s. .

JUDGMENT SUMMONSES. W. H. Haxgraves was ordered to pay the Te Aro Drapery Co., Ltd., £1 12s. 6d. by February 25, in default twentyfour hours' 'imprisonmentj Ernest .G. Osborne was ordered to pay the D.I.C. £5 108. 6d.by February 25, in default five days' imprisonment: Chas. H. Duck was ordered to pay Wallace and Gibson 15s. 4d. by 'February 25, in default twenty-four lours' imprisonment. ■ A claim for wages was heard before Mr. W. G. Riddel!, S.M., Ernest Rushworth proceeding against .Thomas Wilkes for £15. After hearing the evidence the Magistrate gave judgment for plaintiff for £9 10s., with costs £4 2s. Mr. H. A. Machell appeared Tor plaintiff and Mr. A. H. Hindmarsh-for defendant.