MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2459, 12 May 1915, Page 9

MAGISTRATE'S COURT

« A DANGEROUS CRIMINAL CAUGHT " RINGING THE CHANGE" Described by the police as a "dani gerous type of criminal" Peter Murphy, ■ powerful-looking individual, appeared in the Magistrate's Court before Mr. D. ■ G A. Cooper, S.M., yesterday charged • with attempting to steal 10s. from ; Panas Booheris, by means of a trick. • In other words Murphy attempted to • "ring tho change" on a girl shop-as- > assistant. He went into Boolieris'B shop in Courtenay Place and asked for , sixpennyworth of fruit. For this he. , tendered a half-sovereign, and ou re- . ceiving 9s. 6d. change, said he thought i he had only given the assistant 6d., i and asked her for the half-soveregn [ back, and then he would give her 6d. The girl gave him the half sovereign. , About this time the owner of the shop • cam© out, and recognising the trick, wont for the police and Murphy was i arrested. "I am entirely innocent," protested i accused after tho evidence above had been'adduced. ; "Yes, you look like it," remarked ; the Magistrate. "Are there any pr&i vious convictions against accused?" Inspector Hendrey replied .that ac- . cused was a well-known criminal in . Australia and New Zealand, while there . were quite a number of previous coni victiona against him, inoluding passing i counterfeit coin, theft, etc. In Wel- , lington he had been working as a picki pocket and a confidence man, and had . peon warned by members of the deteci "tive force to leave the city. , The Magistrate: Well as, he did not take the detectives' warning to get out of the city he can get out of it after he has done a month. A sentence of one month's imprison- . ment was imposed. i INEBRIATES. For drunkenness William Williams , was fined 205., in default three days' . imprisonment; James Seerey fined 10s.. i or 48 hours; while Samuel Hunter was remanded for medical treatment. Six first-offenders were dealt with. CIVIL OASES. Reserved judgment was given by Mr. W._ G. Riddell, S.M., in respect to a civil dispute about an advertising contract between Blundell Bros., Ltd., and Fitzgerald and Pearce. Plaintiffs (Blundell Bros.) olaimed £7 10s., as balance of the cost of a 12 months' advertisement in the "Evening Post" ordered hy defendants and payable at the rate of 80s. per month. Defendants had paid £10 10s. on account of the advertisement, hub denied liability after the month of June on the ground that plaintiffs' mistake (printers' errors in the advertisement) through neglect, amounted to a breach of contract giving them a right to rescind. After quoting various authorities on contracts the Magistrate said he was not prepared to accept the view that defendants were open to rescind the contract after what had occurred. "I think the evidence shows negligent mistakes on the part of plaintiffs," said tho Magistrate, "and wnich would render them liable in damages, but their actions do not evince an intention to refuse to carry out.the contract. For this reason I think defendants were not justified in regarding the contract broken by plaintiffs in such a way as to give them the right to rescind. Judgment would be for plaintiffs, for the amount claimed, £7 10s., with oosts £1 16s. At the hearing of tho case Mr. H. F. von Haast appeared for plaintiffs and Mr. T. Neave for defendants. A THREE-CORNERED DISPUTE. The hearing of the three-cornered civil dispute which came before Mr. W. G. Riddell, S.M., last week, was continued yesterday. When the dispute came before the Court last week it was found that two estate agents proceeded against the same person for commission on the sale of a property. Decision was reserved in the first olaim, that in which Thomson, Brown and East, Ltd., proceeded against George Wm. Godfrey Davies for £26 17s. 6d. in this While yesterday the second claim against Davies was heard, J. D. M'lntyre and Co., proceeding against him for a similar amount in respect to the same property. After the hearing of further evidence both cases were adjourned to 10.30 a.m. on May 15. DEFAULT DEBTORS' LIST. Judgment was given for plaintiff by default in the following undefended civil cases by Mr. W. G. . Riddell, S.M.Wellington Woollen Manufacturing Co., Ltd., v. Fredk. W. Euro, £30 _13s. 2d. ,costs £2 145.; Edward Collie, Ltd., v. 'Frank Wilson, £3 Bs. 3d., costs 18s.; Wm. Mulhane v. John Wheeler, £10 25., costs £1 10s. 6d.; H. Johnson v. Arthur Jas. Gayler, £3, costs 10s.; J. G. Raine and Co. v. Tlios Leete, £13 14s. 6d., costs £1 10s. fid.; Clias Begg and Co., Ltd. v Jas. M'Nee, £52 6s Bd., costs £3 165.; Stewart Timber, Glass, and Hardware Co., Ltd., v John Marshall, jun., 9s. 9d., -costs lis.; Graham and Co. v. Rowland Joseph Denniston Newman Potts, £3 65., costs 15s. JUDGMENT SUMMONS. Whakarau Hofcua was ordered to pay the Dominion Clothing Co. £14 14s, 6d. by May 25, in default 14 days' imprisonment, •