MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2696, 16 February 1916, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS

LICENSING CASE ALLEGED SUNDAY TRADING i F 1 Magistrate's Court yesterday, before Mr. D. G. A. Cooper, S.M., hearni£ was continued of the cases in which rionora Whelan, licensee of the Alhamf lra Ho tel , Cuba Street, and her daughter (Elisabeth Whelan) aro charged with selling liquor on Sunday, January 2 last ,to two persons, who were not boarders, namely, two constables, who went to the hotel dressed in khaki. Inspector Hc-ndrey prosecuted, while Mr. M. Myers appeared l'oi tiic defendants, who ho.d pleaded not guijty. On the previous week, evidence of a sale had been tendered, and the defence had been raised that Miss Whelan had supplied the liquor to the constables in the belief that tliey were soldiers who were actually boarding on the premises. Considerable evidence in support of this defence was tendered yesterday, and it was shown that the hotel was overcrowded with boarders on January I and as many as six or seveu soldiers being accommodated in a single room. ° Mr. Myers asked that the eases should be dismissed, contending tliat tho_ licensee and her daughter had done their very best to prevent any infraction of the law. He asked inspector Hendrey whether the police would ask for a convictiou in the event of His Worship finding that tho constables were asked if they were hoarders, and had tendered an affirmative reply. • Inspector Hendrey said that; if His Worship found that an offenco had been committed, then the police must ask fo a. conviction. - The Magistrate reserved decision, OTHER POLICE CASES. . Jessie Pollock, alias Rose Lynch, who was recently found loitering near Majoribanks Street for the purpose of importuning passers-by, was convicted of being an incorrigible rogue, and was sent to gaol for 12 months.. May Tobin.' charged'with using obscene language, was remanded until this morning on 'bail. Robert M'Clure and Thomas Moran were fined 10s. each for using threatening behaviour in Grey Street. Catherine Mary Smith, for-drunken-ness, was lined 405., in default to undergo sevon day-s' imprisonment. Three first-offending inebriates were also dealt wit'hv

BUILDERS' LABOURERS IN COURT. A somewhat unusual case was commenced. in the Magistrate's Court, before Mr. W. G. Riddell, S.M., when the Inspector of Awards (Henry Ernest Moston) proceeded against the secretary of the Wellington Building Trades Labourers' Union and four members of the union in connection with an alleged breach of award. A penalty of £55 was claimed from the secretary (E. Kennedy) on the allegation that, between November 2o aud December 4 last, he aided five members of the union to dis-t continue their employment at the new Lambton Quay Police Station in order that by so doing the men would force their employers (Trevor Bros.) to compel another worker (Owen Jones) to join the union. From four of the members of the union (R. Webster, J. Armstrong, S. M'Kusker, and A. Whiting), the Inspector claimed separate penalties, on the allegation that they had discontinued their employment for tho purpose above-mentioned. The fifth member of the union concerned in the matter could not bo served, as he had gone into camp at Trentham. The proceedings were taken . nnder Section 6 of the Industrial Conciliation and Arbitration Amendment Act. Mr. P. S. K. Macassey, of the Crown Law Officc, appeared for the Inspector, while Mr. P. J. o'Regan appeared for all the defendants. The defence is a' complcto denial of the allegations, evidence being tendered to the effect that the men, who wero casual hands, left their employment to take work at a higher rate of pay at tho Empire Hotel. It was. denied that the secretary had said anything to in-> duce the mon to discontinue work, though he had • remarked that if men shirked their duty to tho country they should not be allowed to shirk their duty to their fellow unionists. It was mentioned that of 232 members in tho Building Trades Labourers' Union no fewor than 172 had, enlisted, and that 167 were actually at tho front.

The hen ling of ovidence will be resumed on Friday afternoon.

'A RESERVED JUDGMENT. Reserved judgment was delivered in the caso of Alfred do Bathe Brandon, solicitor, of Wellington, v. Harold W. Urown, merchant, of Wellington. Tlio claim was for £50, alleged to !>o duo as damages in respect of a collision, Which occurred tn the Paekakariki Hill on October 2+ last, l>ctween plaintiff's motor-car and defendant's motor-car. There was a. counter-claim for £11, Is. (id. Judgment was for the defendant, on the claim, and for the plaintiff on the counter-claim, no costs being allowed. UNDEFENDED CLAIMS. Judgment by default was given for the plaintiffs in the following nndefend. Ed claims: Wellington Traders' Agency, assignees of R. D. Hanlon. v. H. A. Davis, 16s. fid., costs ys.; W. 0. Chartrcs v. M. Walker. £1, costs os.; R. Humi-ili and Co,, Ijtd.. v. W, H. Isherwood, £3 45. 3d., costs 10s. i William

Campbell; Ltd., v.-George Hazelwood, .C'l 3s. 2d., costs 10s.; Mitchell ■ and Goodwin v. Henry Stephens, £2 2s. 7d., costs 10s.; Herb. Price v. L. B. Rhodes. .£1 2s. 6d., costs 95.; Bristol Piano Co., Ltd., v. Manu White, £17 12-s, 10d., costs £1 15s. 6d.; James Smith, Ltd., v. Miss Nellie 'J.Vohill, £2 Is. 7d., costs lis.: E. M. Roberts v. R. B. Clouston, £15, costs £1 Ss. JUDGMENT SUMMONSES. Joseph H. Wright was ordered to pay Andrew Duncan the sum of £3 35., on or before February 29, in default to undergo three days' imprisonment. To Heuheu Tukino was ordered to pay £5 os. 6d. to. T>r. H. A. do Latour, on or before February 29,_ in default to undergo fivo days' imprisonment. CLAIM FOR POSSESSION. In the case, Ellen Hand v. William Kenny, claim for £1 Is., rent and possession of a room at 70 Cambridge Terrace, judgment was given for plaintiff for £1 os. Id., with costs £1 175., warrant for possession to issue on a specified date. DEFENDED ACTIONS. Judgment was given for the defend, ant without costs in the case in which Joseph T. t/fvins, tailor, proceeded against Miss Nellie M'Kelliget to recover the sum of £2, loss alleged to have been sustained by reason of the neglect of tho - defendant to give a week's notice of her intention to quit the employment of the plaintiff. Mr. E. C. Levvey appeared for the plaintiff, while Mr. W. Perry appeared for tlio defendant. Decision 'was reserved in the case ot John Edward Butler, Ltd., v. J. Boucher, a claim for £26 3s. 3d., balance alleged to be owing on the sale of a motor .bicycle. Mr.- P. W. Jackson appeared for the plaintiffs, while Mr. H. F. O'Leary represented the defendant