MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2573, 22 September 1915, Page 9

MAGISTRATE'S COURT

CIVIL ACTIONS SEQUEL TO A DIVORCE SUIT , An unusual civil action was heard in the Magistrate's .Court yesterday morning, when Duncan K. Cameron, turncock, of Wellington, 6ued Susan Moron, married woman, of Wellington, to recover a piano and certain oclier articfts of household, furniture, or in the alternative the sum of XIUO, value of ; the aticles. Mr. H. F. U'Leary appeared for Cameron, while Mr. P. W. Jackson appeared for Mrs. Moran. According to plaintiff's counsel, the parties were originally man and wife, but defendant had divorced her husband, and had since married again. The plaintilf (Cameron) now sought to recover a piano, a sewing machine, a clock, and various other articles, which he alleged had been purchased partly with his earnings and partly. with his winnings at racing, lie having netted the sum of J3IOO over the Te Arai-Paisano Grand National double at Eiccarton In 1910.

The defence .was a denial that the furniture had been purchased with Cameron's money. Mrs. ■ Moran said , that, while she was the wife of Cameron, sho had earned considerable sums of money as a nurse, and by this means had purchased the furniture and maintained the household. ■ .

After hearing the evidence . of .both plaintiff and defendant, tho Magistrate eaid that the onus was upon the plaintiff (Cameron) to 6how that the articles sued for were actually his. (plaintiff's) The plaintiff had failed to fully discharge this onus, and, although there was a conflict ■of .evidencu, the weight of that evidence ! was strongly .in favour of the defendant's ownership as regarded tha piano, the sewing machine/ the clock, and the gold albert. The Magistrate, considered, however, that plaintilf (Cameron), was entitled to recover the sofa, one of tho l>eds and' bedding, three chairs, and a small table. Should these, not be returned he would 1m entitled' to their Valuo £i 10s. The plaintiff was further awarded M 17s. costs. ■ •

A RESERVED JUDGMENT. Reserved judgment was delivered by Mi. W. G. Kiddell, S.M., in the civil caso' of James Cowie v. the Paparoa Coal-mining Co., Ltd., a claim for £U 3s. While employed' by the defendant company on the hulk Helen Denay, the plaintiff (Cowie) mot with an accident, as a result of which his jaw . was broken and several of his teeth were loosened. Ho alleged negligence on the part of a sorvant of the defendant company, and claimed JM 13s. for medical expenses, etc. . I The Magistrate gavo judgment for the amount claimed with costs totalling £i 2s. Security for 'leave to appeal was fixed, at ,£8 Bs.

At. the hearing Mr. P. J. O'Regan appeared for Cowie, whilo Mr. C. H. l'rea'dwell appeared for the defendant company. UNDEFENDED CASES. Judgment by default was given for. plaintiffs in the following undefended cases:—Wellington Amalgamated Society of Painters and Deoorators v. Chas. Leigh, .CI 65., costs hs.; L. W. Balkind v. Walter Oatham, £2 ss. 9d., costs 55.; Wellington City Council.v. Arthur Hulbert Cuff, £$ 12s. 2d., costs 55.; A. W. and F. C. Brailsford v. M. Baruett, J3l Os. Id., costs 75.; Wellington City. Council v. Adelaide Price (against separate estate), M 19s. Gd., costs 55.; L. W. -Balkind v. Alexander Smylie, £'i Bs. Gd., costs 55.; same v. A. Jacob, £2 13s. 2d., costs 55.; same v. Wm. Ste.vens, 10s, 6d., costs 55.; U.F.C.A. v. Grace Royal, is. sd„ costs 183.'; Harold William Brown v. W. B. P. Tilling, J2l, costs 55.; Wellington Drivers' Union v. John Dick Poppletou, 19s. Gd.,' costs-65.; same v. William Houldey, d£l 195., costs 55.; R. Cf. Dim mid Co., assignees Reg. .N. Boxer and Co.. Ltd., v. John Spink, £U Is. Sd,, costs £1 10s. Gd. JUDGMENT SUMMONSES:-: Herbert Henry Suton Compton was ordered to pay £15 17s. lOd. to Geo. England on or before October 5, in default to undergo 14 days' imprisonment. It. 0. Jonkms was ordered to pay. £i 15s. to A. Levy on or before October 5, in default to undergo three 'days' imprisonment, POLICE PROSECUTIONS, Several police cases were dealt witli'by Mr. D. G. A. Coopcr>. S.M. Sydney Marold Fox wua cnarged with being drunk while in churge 01 a motor-car ou Jervois Quay on Monday evening. The accused had been, arrested by a police officer. Mr. Is. J. Fitzgibbon appeared for Fox and applied for a remand. .Counsel menlulled U.-ut .13 ):«! witn Inspector Hendrey in regard to the application.

The llajistrote adjounied the hearing until Sepember 2S, bail beiiii; allowed in tho sum of ,£lO. Jolm Pearson pleaded not guilty to a charge of having: assaulted James Condon, who appeared in Court with his face disfigured and his head bandaged. After hearing the evidence, the Magistrate held that accused must be convicted. A ..fine of 40s. was imposed, and. accused wto ordered to pay lis. (id, expenses. Default was iiscd at seven days' imprisonment, but Pearson, who stated that he was - a married man, was allowed 11 days in which to find the money. . An man, named James Power, pleaded guilty to the theft of a cheque of the value of. <£3. According to auousod's record, as handed in by ChiefDetective Boddam, he had been convicted on several previous occasions, and the Magistrate imposed a sentence of two months' imprisonment. ■ An order was made that the sum of is. found upon tho accused should be-handed to tho otvncr of tho cheque. Two recent arrivals in WellingtonRichard Ernest Green and Alfred Bannister—pleaded guilty to a charge of indecency in St. Hill Street,, but denied knowledge of tho fact that it was a public street. A fine of. 20s. each was imposed, the default being fixed at three days' imprisonment, '

Norah Nugent, against whom there were numerous previous convictions,', was sent-, enoed to threo months' imprisonment for using obscene language. For drunkenness, the same accused was. fined dOs., the alternative being fixed at seven days' imprisonment. ' Abraham Drake, on a chaTge of drunkenness, was fined 10s., in default to undergo 48 hours' imprisonment. The samn penalty being imposed in tho case of Thomas O'Brien, who was also convicted of drunkenness.