MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2473, 28 May 1915, Page 9

MAGISTRATE'S COURT

INDECENT BOOKS CASES BROUGHT AS A WARNING Mr. D. G. A. Cooper, S.M., gave judgment yesterday afternoon in the cases against Alexander Ferguson and Walter Osborne, trading as Ferguson and Osborne, and Albert William Organ, charging them with having sold certain alleged indepent publications, to wit copies of the "Winning Post Funny Stories and Jokes." "The defendants admit," said His Worship, "that they sold the books or periodicals, and it was therefore left to me to de--5 cide whether the articles referred te o on the pages quoted by the Chief Detective were indecent. After perusing

JL the articles, I am of opinion that they are indecent, y s the defendants admit t'he sale, all that is left for me is to fix tho penalty." Mr. O. C. Mazengarb (for Mr. J. S. Barton) pointed out that Organ was an undischarged bankrupt, and if the penalty was a heavy one he would not be ablo to pay. His Worship said that under the circumstances ho had decided to inflict a light penalty. Defendants had not read the books through, and did not Icnow that they were selling anything indecent. Ilowover, as ruled by Mr. Justice Edwards, it was tho duty of all newsvendors to ascertain for themselves whether tliero is anything indecent, immoral, or obscene in any books, newspapers, or periodicals sold by them. In these cases the name of tho book should have been somewhat of a warning to the defendants, for they were precisely similar to a newspaper which was noted for its risky paragraphs and limericks. He understood that the cases were taken as a warning that the books must not be sold in the future. Chief-Detective Boddam: That is so. The charges against Ferguson and Osborne we're taken as one charge, and the charges against Organ wore similarly treated. A fine of £1 in each case was imposed. CLAIM FOR REFUND OF £40. > The case was continued yestorday be- , fore Mr. D. G. A. Cooper, S.M., in . which Emily Van Breda (Mr. E. 11. > Kirkcaldie) proceeded against Sidney i Robjohns East, formerly of Wellington, and now of Auckland (Mr. P. W. ,lacki son) for the sum of £40, which wa6 set [ out in the statement of claim as the ' amount paid for 100 shares in an alleged . syndicate known es the Blaine Water- ; proofing Process Syndicate. Plaintiff i alleged that the money. was obtained i by certain false representations, i For the defenco Mr. Jackson submitted that the plaintiff must be non- | suited, on the ground that the allega- . tions of fraud as set out in the state- , ment of claim 'had not been proved, oi . even supported bv. the evidence. Plaini tiff had based her action on certain l statements which she said wore made [ by defendant, but he submitted that j plaintiff had wholly failed to prove thai j the condition of things to which the statements referred did not in fact oxist. Dealing with the allegations, Mr, i Jackson submitted that the Blaine pro- [ cess did ill fact exist, and there' was j sufficient evidence before tho Court tt | show that. The onus of proof was or ; the plaintiff.. She had not given anj . evidence that a syndicate had not beer , formed; in fact, she swore that she ! oould not say whether one had been . formed. Further, in regard to the thin: ; allegation, plaintiff would not deny thai defendant was interested iu tho prot cess. As to the other allegations, counsel held that there was no evidence be , fore the Court to sustain them. 3 Mr. Kirkcaldie replied to the nonx suit points, and said that a good den . of the evidence relied on was in correspondence. He contended that s prima facie case had'been proved, iinc that defendant should have to go int< the witness-box. The agreement for the sale of 100 fully paid up shares impliee that a syndicate existed, but there wa: no cvidcnco that a legally Constitutor syndicate existed, or that anybody nac (. the right to sell 100 shares. The nc f counts that had been filed failed te a show any syndicate, and plaintiff con y tended that the documents put in die [ not show that she held an interest it a the process. I His Worship said that although the evidence in his opinion was not vcrj ' strong in support of the allegations still ho thought there was something j to meet. After the evidence of defendant hae j been heard, the case was adjourned 3 and will he taken to-day if timo per f mits. j CLAIM FOR COMMISSION, r Before Mr. W. G. Riddell, 6.M. . Henry Forester M'Neill, trading as H . F. M'Neill and Co., land agents (Mr ) T. Weston) proceeded against Edwarc J. Quinlan, late of Te Ivuiti (Mr. 0. B . Morison, K.C.) for £95 7s. 6d. com- . mission alleged to be due on accouni j of the disposal by way of exchange o) r defendant's farm at Te Kuiti to J. Hill< . of Palmerston North. An alternative b claim was for work done and journeyi . made by plaintiff at the request of de 5, fendant, in the capacity of commissioi agent for tho disposal of the farm. Tin case was partly hoard anil adjournec sine die. UNDEFENDED CASES. Judgment for plaintiff by default wai given in the following undefendeel cases —Herbert Hill and Co.' v. C. J. Shiel £35 17s. Id., costs £2 165.; Publii Trustee v. Charles John .Johnston, £3 costs 10s.; Wellington Publishing Co. Ltd., v. Magnus Badger, trading as tin Wellington Auctioneering Co., £10 7s 6d., costs 155.; Public Trustee v e Walter Herbert Anderson, £5 12s. 6d. 8 costs £1 6s. 6e1.; Wellington Publishinj d Co., Ltd., v. Barnett and Co., £2 14s. n costs 75.; Spencer George Radford v •_ George Green, £10 Is. Bd., costs £1 10s d 6d.; Thompson Bros., Ltd., v. Nicholai Tredennick, £8 2s. 5d.; costs £1 3s. 6d. it Lawrence and Hanson v. William M'Cul »- lough, costs 3s. only; J. B. Clarksoi > and Co., Ltd., v. Spillane Bros., £10 17s. 9d.; costs £2; Pethorick am >! Machell v. Marv Josephine Hill, £3 3s o 6d., costs lis.; W. H. Green and Co j_ v. F. A. Butterfield, £2 is. Gd., cost rr 10s.; Commercial Agency, Ltd., v. J ° Young, J9s. 9d., costs 195.; R. J, Pen ■ tecost v: J. Maddox, £1, costs Bs. Phoenix Aerated Water Co., Ltd., v J. Connell and W. K. Connell, £75 14s. costs £4 10s. JUDGMENT SUMMONSES. W. G. H. Baillie was ordered to pa thfc Empire Loan and Discount Co, Ltd,, the sum of £13 13s. 6d. olio before June 17, in default-14 days' im prisonment; J. M'Eelvie was ordere to" pay R-. G. Thompson £7 2s. 6d. befor June 12, in default seven days' impris onment. INDUSTRIAL AWARDS. The Inspector of Awards (Mr. W Slaughter) proceeded against Mr.< Murphy, Taratiaki Street, for an allege breach of the Drivers' Award, in cor neetion with clause 1 (h), which pre vides that tho employer must veiif within 24 hours the time entered i tho time-books by the drivers, and i addition that the books must be ir itialled. A penalty of £1 was imposec A SOLDIER'S ACTION. A well-deserved punishment was in posed on John Wells, a member of th Expeditionary Force, by Mr. D. G. A Cooper, S.M. Accused was charge with having used obscene language, on with having damaged a constable's un form, to tho extent of £4 oeld. II pleaded gnilt.v, and Inspector Hondre dotailcd the circumstances of tho case m Accused, with some companions, wen into a restaurant for a meal, and late nil attempt was made to evade paymeir Accused used the obscene language t the lady in the restaurant, and whe arrested continued to use 1 the languagi and deliberately tore the constable's un form. For obsence lanTuaee, aroused w,i lined £3, in default one month's in prisonment, and for damaging Hie un form was fined -!0s„ in default 14 dav: imprisonment, nmt ordered to pay tl amount of the damage. Two first offenders for drunkennes who were dealt with in die ordinal way, were the only other police eases. Tn spite of the length of the giraffe neck, there are onlv seven joints in i I as in that of a man. | The Northumberland Fusiliers ha' !t.be special nrivilego of wearina roses their head-dress on St. George's Day. Woods' Gr»at Penpfrmint Cure, For Coughs and Colds never fails, la. 6d