MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2495, 23 June 1915, Page 11

MAGISTRATE'S COURT

ALLEGED EMBEZZLEMENT Soveral charges of failing to account for money woro preferred against Robert Pitcait'nly in tlio Magistrate's Court yesterday. The charges wore us follow:—(1) On Docombcr 16, 1914, having received £25 18s. (Id. from _J. Cltainbers and Son. on terms requiring him to account for the same to David Kor Blair, did omit to do so; (2) on March 2, 1914, omitting to account for £23; (3) on January 12, 1915, omitting to account for £23 10s.; (4) On March 20, 1915, committing tho theft of £7 10s. from D. K. Blair; (5) oil April '20, 1915, stealing £7 10s. from D. K. Blair; (6) on June 23, 1914, omitting to account for £14 Bs. to D. K. Blair. Mr. D. G. A. Cooper, S.M., was on tho Bench. Chief-Detective Boddam appeared for the police, and Mr. T. M. Wilford for defendant. David Kor Blair said he was the principal of the firm of D. K. Blair and Co. Accused had been in his employ since December, 1913. It was part of defendant's duties to cash all moneys and cheques. On April 25, in consequence of somo irregularities, witness had his hooks examined. It was found that between £300 and £400 could not be accounted for. When defendant was told of this lie said lie knew he had dona wrong, and had hoped to make restitution. To Mr. Wilford: Accused received 10s. for about an hour's work a- week, the work being done at his own convenience. Accused might Lave worked frur hours a day on occasions, but this was at his own convenience. The whole of witness's books were kept by accuscd sincu September, 1913. Accused was originally engaged at £6 a week. This was later reduced to £1 Is., and later to 10s. a week, accused aslcing to be Allowed to stay on while he prosecuted a claim against the Government. Accused also made out tenders for witness, but he only did this to kill time. Witness was aware that accused was a married man and that his wife was a confirmed invalid. Accused had never asked_ witness for a squaring up of commission in regard to certain contracts. Detective-Sergeant ltawle said that when ho arrested defendant witness informed him that the amounts involved totalled between three hundred and four hundred pounds. Accused replied, "Yes, they tell me that's about the amount,". A large amount of evidence of a technical nature was called at the conclusion of which defendant pleaded not guilty and was committed to the Supreme Court for trial. Bail was allowed as before. OTHER CASES. For disobeying a maintenance order, the arrears of which totalled £20, Ernest George Henry Solway was_ sentenced to 21 days' imprisonment in the Wangamii Gaol, tho warrant to be suspended for one week to enable the defendant to pay the full amount. _Upon an application for payment of maintenance, defendant was also ordered to find security in £50 within three weeks from June 22 and to report himself twico weekly to the police at To Kuiti until the above security was found. Robert Upton, who was convicted of being drunk while riding a horse through Lambton Quay on Monday, was fined £1, in default thrco days' gaol. For drunkenness Wm. Waters was fined £2, in default 14 da.vs' gaol, and John Thomas Oliver and James O'Neil each fined 10s., default being fixed at 48 hours. Five first-offending inebriates were dealt with. CIVIL CASES. RENTING OF "THE TIFFIN." Reserved judgment was given by Mr. W._ G. Riddell, S.M., yesterday in the civil dispute" in which George Winder, importer, was plaintiff,_ and Jesse Taylor defendant. Plaintiff claimed from defendant £122 6s. Bd. rent, and £4 16s. 6d. for interest on the same in respect to the tenancy by defendant of "The Tiffin" Restaurant, Manners Street. Plaintiff had stated that prior to July 11, 1914, he had distrained tho goods and chattels of one Eliza Leo (sister of defendant and tenant of "Tho Tiffin") for rent in arrears, and that after the distress warrant had been executed defendant requested plaintiff to abandon the same in consideration of defendant guaranteeing payment of the said rent. Plaintiff accepted the offered guarantee, and withdrew the bailiff from "The Tiffin." No part of tho sum had been paid by either E. Lee or defendant. .After reviewing tlio case at length, and quoting various legal authorities, the Magistrate said lie thought that as plaintiff liad failed to carry out tho conditions under which the guarantee was given by defendant, ho was not entitled to succeed 'in his claim. _ Judgment would be for defendant, with solicitor's fee, £6 6s. CLAIM AND COUNTER-CLAIM. Claim and counter-claim respecting the tenancy of a house in Cambridge Terrace was heard by Mr. W. G. Riddell, S.M. The parties to the dispute were W. H. Guilford and Co. (sometimes known as H. W. Davies and Co.), plaintiffs, and J. S. Hamey, bootmaker, defendant. Plaintiffs claimed £7 4s. from defendant, this amount representing alleged damage-to and removal of property by defendant while renting from plaintiffs the house in Cambridge Terrace. Defendant counter-claimed for £3 125., being the refund of money alleged to have been paid to plaintiff under compulsion for two weeks' rentof the premises. The Magistrate gave judgment for plaintiffs for £3 10s ; , with costs £2 14s. in the claim, while in the counter-claim defendant was nonsuited. Mr. E. J. Fitzgibbon appeared for plaintiffs, and Mr. F. E. Petherick for defendant. DEFAULT DEBTORS' LIST, j Judgment was given_ for plaintiff by default in the following undefended cases by Mr. W. G._ Riddell, S.M.: — The Wellington Furniture Trade Union v. A. Guthria, £1 135., costs 55.; Michael Andrews v. O. Blick, £7, costs £1 6s. 6d.; Graham and Co. v. Alfred Boyco Bacon, 10s., costs 75.; Francis Frederick Perkin v. Lilian Margaret M'Cormick, £30, costs £1 35.; Wellington Bootmakers' Union v. Alfred Floyd, £1 65., costs os.; the Dunlop Rubber Company of Australasia, Ltd., v. S. S. Walker, £73 os. 5d., costs £4 Gs. 6(1.; W. Smith and Co. v. Henry M. Hetet, .CI 10s., costs os.; same v. Dunii Bros., £2 10s., costs iOs.; same v. Jackson Mun.ro, £3 2s. 6d., costs 10s.; J. B. Clarkson and Co., Ltd.. v. Spillane Bros., £80 19s. 9(1., costs £1 10s.; Mandel and Can-, Ltd., v. Mrs. F. L. Phipps, £27 Ss. 6d., costs 18s.; the Merchants' Security Association, Ltd., v. Brvant and Co., Ltd., 6(1., costs 55.; J. J. Niven and Co., Ltd., v. William H. James, £2 4s. Id., costs 10s.; City Council v. Stanley Eustace Read, £13 ss. Bd., costs 155.; Oscar Hewett and Co., v. H. P. Seymour, £1 10s., costs £1; ft. 11. Thornton v. J. Jarvis, £8 9s. Id., costs £1 3s. 6d.; Now Zealand Farmers' C'o-oporative Distributing Co., Ltd., v. H. Pilcher, £2 7s. 9(1., costs 135.; A. M. Proctor v. Mary Jano Ducigan, £11, costs £1 10s. 6d.; tho Stewart Timber, Glass, and Hardware Co., Ltd., v. Horace Ernest Somervillo, ■Is. 5d., costs 55.; Wellington Metal Workers' Union v. A. Boss," 165., costs 55.: 11. S. Langdon v. Aliss R. Maxwell, £3 155., costs 125.; City Council v. Edward Thomas James, £7 ss. 11(1., costs Ss. JUDGMENT SUMMONS. H. A. Parsonage was ordered to pav E J. Webb £2 Ss. by July 6, in default 4S hours' imnrisonmont. Reduce fever -by. taJa»£ Flpnzol.*