MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2798, 16 June 1916, Page 9

MAGISTRATE'S COURT

PAINFUL CASE RETURNED SOLDIER SENT TO GAOL Yesterday's sitting of the Magistrate's Court ivas presided over by Mr. D. G. A. Cooper, S.M., when the following cases wero dealt with:— "This is a most painful case in every respect. The actions of this young man were most despicnble in every shape and form. Goodness knows what sorrow and heartache this must have caused many a mother and father who would so cherish tho littlo tokens sent back from the bodies of their dead hero sons." These remarks wore made by the Magistrate when passing sentence of six months' imprisonment on John Edwin Hendei>son. The case was a most unusual one, .with many painful features. Henderson, who is a returned soldier, appeared to answer eight charges of theft. At the time tho offences were committed he was employed as nightwatchm&n at Defence Base Records Depot, and the articles taken were' the property of dead soldiers who had fallen fighting on Gallipoli. Henderson, who was represented by Mr. T. M. Wilford, had previously pleaded guilty, but sentence nad been deferred to enable accused to be mentally examined. Mr. Wilford made a very strong plea for leniency. Accused had been examined by two doctors, who had certified that they had found nothing to justify the assertion that he was mentally unbalanced. There was tho evidence of a constable, however, who had known accused since his boyhood,, and he 6tated that Henderson was always known to be or weak intellect. He had been wounded three times on Gallipoli, and had also suffered from sunstroke oh two occasions. Harriet Florence Henderson, of Tauherenikau, mother of the accused, said that her boy was the first to enlist in the Wairarapa after the outbreak of war. She could not wish for a better son, but he was continually doing senseless things, and had been worse 6ince his return from Gallipoli. She was sure ho was not sound mentally. SEQUEL- TO I STREET BRAWL. A Portuguese named Roman Fernandez was charged with- having assaulted a Chilean named Arthur Tovres. The case arose out of a street brawl which occurred late on Wednesday night. Both complainant and accused are members of the crew of the steamer Kinross, now in port. The evidence of the injured man, which was given through an interpreter, went to show that the two men had been, ashore together, and on returning to the ship an altercation arose, during which the complainant received injuries about the head and a slight wound in the region of the heart. It was alleged that the latter wound was inflicted with a sharp instrument. The accused denied -using a knife. The injuries, it was alleged,, were caused by a broken pipe stem, which was produced. The Magistrate refused to believe accused's story, and fined 'him £5, with 10s. Gd. interpreter's fee. OTHER POLICE CASES. Four' first offenders for drunkenness were dealt with in the usual manner. Thomas Reeves pleaded not guilty to charges of drunkenness, using obscene language, and damaging a police constable's helmet, valued at lis. Gd, On the first charge Reeves was fined 10s., while he was ordered to make good the damage to the helmet, or serve fortyeight hours' imprisonment. For -using obscene language, >accused was sent to gaol for two months. James Connor was charged with stealing a quantity of soap, cough mixture,and articles of a similar nature. 1 The property, which belonged to some person or persons unknown, was valued at .£2l 12s. Gd. Mr. P. J. O'Regan, who appeared for the accused, asked for bail when Chief-Detective Boddam requested a remand for a week. This was opposed by tho Chief-Detective, who said that he understood 'that the alleged offences may be connected with an organised system of thefts. Bail- was allowed in . accused's own bond of ,£IOO and a surety of .£IOO, .or two. of ,£SO each. Alexander Higgins was fined 405., in default seven days' detention, for having committed an indecent act in Tory Street.

CIVIL BUSINESS, DAMAGES AWARDED. M l '- W. _G. Riddell, S.M., dealt with the following civil business at the Magistrate's Court yesterday:— Lydia Marshall claimed £& Is. from Abraham Walley Mahomet Salaman for damages sustained by the alleged carelessness of defendant. The plaintiff occupied dressmaking rooms at No. G Riddiford Street, Newtown, while the room above was used by defendant, who carried on a dyeing Lusiness. It was alleged that defendant negligently allowed dye to drain through.the ceiling of plaintiff's room, /causing damage to blouses and skirts valued at c£3 Is. A few days later it was alleged that defendant allowed water to drain through, damaging plaintiff's sewing-machine to the extent of £2. Incidental damage and loss of earnings was estimated at £3. His Worship gave judgment for the amounts claimed, and w£3 costs. ■ Mr. 1". W. Jackson appeared for plaintiff, and defendant conducted his own case. PROFESSIONAL SERVICES RENDERED. In the case P. de J. Clere v. W. H. Bartlett, a claim for .£l9 19s. for professional services rendered, the Magistrate gave reserved judgment for the amount claimed, with ,£3 14s. costs. At the hearing Mr. A. W. Blair appeared for plaintiiti aild Mr. H. E. Anderson for defendant. A LAND CASE. ' Judgment was reserved in a case in which the Waldcgrave Park Land Company, Ltd., claimed the sum of ,£ll2 10s. 4d. from Philip David Davis, it being alleged that the, amount was the balance of purchase money of land and interest. Mr. P. Levi appeared for plaintiffs, and Mr. J. Barton for defendant. CLAIM FOR GOODS. Abraham AValley Mahomet' Salaman claimed ,£4 12s. Gd. from Mrs. J. Hayvice for goods sold and delivered at defendant's request. After hearing evidence, His Worship gave judgment for plaintiffs for 7s. Solicitor's fees, amounting to ,£1 Is., were allowed defendant, for whom Mr. P. W. Jackson appeared. Plaintiff conducted his own .case.

JUDGMENT BY DEFAULT. ■ Judgment for plaintiff by default w-as given iu the following undefended civil actions:—A. D. Kennedy and Co., Ltd., v. Neil Stuart Campbell, las., costs only; 'the Motor Import Co., Ltd., v. E. H. Washi,ouine, i:8 :Is. Id., costs 'XI 3s. 6d.; Commercial Agency, Ltd., and J. L. Lord v. II; Dodson, .£4 195., costs 10s. ,\ same v. Ward and Sons, 6d., costs 125.; Veitch and Allan v. Thomas Breedon, *C 1 3s. 2d., costs 55.; Mine v. G. Edwards, ,£1 3s. Bd., costs 55.; Smith and Smith, Ltd., v. Robert Beckett, Xl 7 15s; 10d., costs iil 10s., fid. ;• Ellen Key v. Joseph Barrett, .C 8 10s., costs JSI 35." fid.; Jack Jacobus v. T. Bonrdman, JJ3 (is., costs 55.; same v. J. Hicks, X 2, costs 55.. JUDGMENT SUMMONSES. Judgment summonses were dealt with as follow:— P. T. Ryan was ordered to pay the Scoujlnr Co., Ltd., the sum of £14 14s. Gd. on, or before, June 29, in default to serve 14 days' imprisonment. Arthur Noble was ordered to pay J. E. Butler, Ltd., the sum of .£2B Bs. 2d. on or before Juno 29, in default to undergo 21 days' imprisonment.