MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2449, 30 April 1915, Page 3

MAGISTRATE'S COURT

ALLEGED EMBEZZLEMENT

BARCLAY HECTOR IN COURT

Barclay Hector, Registrar of the University of New Zealand, appeared bofore Mr. G. Cruickshank, S.M.,- in the Magistrate's Court yesterday • morning, charged with having received'from the Wellington Investment Trust-ee and Agency Company, Ltd., £1027 18s. .10d., on July 21, 1914, on terms requiring him to account for the same to the Senate of the University of New Zealand, and failing to do so. Mr. A. W. Blair, appearing for the University Senate, asked for a remand until lioxt Wednesday. ' ' , Mr. T. M. Wilford agreed to this, and asked His Worship to fix bail, which, lis observed, should be reasonable —say, £250. .The amount involved was no criterion as to the amount of bail. As far as accused was concerned, he had made no aittempt to run away, plthough lie had been aware that the warrant for his arrest .was about to be issued. Mr. B'air said the amount involved was about £1500. He did not think it likely that accused would abscond. The Magistrate fixed bail at £250, or two sureties of £125.' ■ FINES TOTALLING £225. ' Tba Magistrate imposed the penalties on each of the four Chinese whom he convicted on Tuesday last for being the occupiers of gaming houses in Haining Street. Joe Tong, having been previously convicted for a similar offence, was ! fined £75, while Cum. Hoy, Wong Yee, and Ah Wong were each fined £50. Mr. E..G. Jellicoe applied for leave to appeal, which was granted, security for the same being fixed in £10 in each case. Costs totalling £1' 3s. 6d. in each case' were ordered to be paid.

' BACON, A BRITON. Unusual circumstancos centred round the charges of theft preferred against two seamen, Owen IrEvoy and Harry Rodgers. Both were charged with stealing £4 17s. BJd., the property of William Simpson. From" the evidence it appeared that a. youth named Thomas liacon while going along Taranald Street on Wednesday saw the two accused and another man going along the street, when M'Evo.y put his hand into his companion's (Simpson) _ pocket and take some money from it. Simpson was drunk at the time. Immediately Bacon ran baok and threatened M'Evoy into giving back the money. Later Bacon igave the two men in charge. Tho Magistrate sentenced each of the accused to 14' days' imprisonment. To Bacon, His Worship said 'he thought he . was ; a Briton, and that very few.would have aetcd as lie.had done.

. OTHER CASES: A Swedish, seaman named Karl Bergestrom was fined £1, in default five days' imprisonment, for . creating' a breach of tho peace, and convicted and discharged on eacli of two charges of resisting .Constable Anderson and usmg obscene languago. For drunkenness; William Simpson was lined £1, in default three 'days gaol, and ,Thomas Bates and Patrick O'Neill each fined 10s., in default 48 hours. Similarly_ chargod, Elizabeth; Kempton, who said she had work to go to, "was convicted and discharged, and Mary Sprowell was remanded until today. '

CIVIL CASES.

THAT FLORENCE YOUNG TOUR. Reserved judgment was delivered by Mr. W. G. itiddell, S.M., in respect to another civil dispute arising out of the recent tour of the Florence Young Company through New Zealand. The parties to the dispute were Reginald Roberts and Claude R. Bantock,- members of the Florence' Young Company, plaintiffs, and George Stephenson and Alfred Linley; theatre proprietors, defendants. Plaintiffs claimed from defendants £49 125..3d., being half the cost of steamer faros from Sydney to Christchurch, half cost of steamer fares from Wellington to Sydney, and cost of printing, less £10 paid on account. Defendants counter-claimed for £44 2s. lid., being half fares through Now Zealand of advance agent, manager, and treasurer of the, Florence Young Co., half freight on printing, etc., £5 cash paid to advance agent, £4 lis. costs or day-bills and circulars, 10s. Bd. rent of stage fixing at Auckland, and £13 14s. moneys paid to plaintiffs' manager. Plaintiffs were the principal members of'the Florence Young Company, engaged by defendants to tour New Zealand towards the end of 1914. In giving judgment ; the Magistrate said that tho members of the company were in Sydney when the contract was entered into, and one of the items m dispute between the parties was whether defendants were liable to nay half tho cost of, return fares to Sydney. Tlio terms of the contract between' tho paitios was found in a letter dated November 27, 1914, from defendants to plaintiff Roberts, which road"We cabled to yon accepting your terms, viz., w ! per cont. of to yon, nnd 40 por cent of gross to us. We pay half fares and all local expenses in front of tho I ourtuiu, you. to supply mhos, wuiuow

I cards, and photographs. We also find agent and manager. ... Re fares, you could pay them to Christchurch and wo shall repay you on arrival." "Defendants admit," continued the Magistrate, "that if the contract entered into between plaintiffs had been carried out they would have been liable to pay half return fares to Sydney, but they say that the contract was broken by plaintiffs, and it's breach released them._ This allegation is not supported by evidence. The weight, of evidence shows that the plaintiffs were ready and willing to carry out their tour under defendants' direction, and after Pahiatua to give defendants better terms, but that early 111 March defendants refused to complete the tour. I think it is clear that the contract was broken, by defendants, and that they are liable to pay plaintiffs the half'fares demanded." As to the counter-claim, it was clear, continued the Magistrate, that defendants were. ontitled to a refund of the £13 14s. paid in Auckland to plaintiffs' manager, and the 16s. Sd. rent of stage fittings. Judgment was given for plaintiffs on the claim for £49 12s. 3d., including the amount paid into Court, £4 18s. 6d., with costs.£s. On the counter-claim, judgment for £14 10s. Sd., with costs £2 Bs. At, the hearing ,Mr. P. AY. Jackson appeared for plaintiffs, and Mr. W. Perry for defendants.