MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2829, 21 July 1916, Page 9

MAGISTRATE'S COURT

BELLEVUE HOTEL FOUR CASES DISMISSED Mr. D. G. A. Cooper presided at the Magistrate's Court yesterday, and heard the following cases:— Gordon James Wilkinson appeared charged with being on licensed premises (Bellevue Hotel) on' Sunday, July 9, when tho said premises were required to be closed. Mr. M. Myers appeared for accused, and Inspector Hendrey prosecuted. Constable Holmes detailed the circumstances of his visit to the hotel. Ha tried to enter the side room just inside the hotel, and found it locked, and after looking into the dining-room he returned in the direction of the other room Mid saw the licensee and two other men going but of the hotel. In the side room, which was marked "Private sitting-room," tiiere were four men, "accused being one of them. Accused and another man gave their names and addresses, but.the other two refused to do so. He was in plain clothes. The accused in his evidence said that ■ he and two others Went out 'in a taxi-cab to the gardens, and later on went into the hotel for tea. It was too late for afternoon tea, and they, were waiting in the side room, which he took to be the ordinary sitting-room, and t'hey were smoking and chatting. The room was not locked, and the licensee was not in the room. Evidence, on the same lines was given by Lawrence H: Byrne, commercial agent, and also by the licensee, N. S. Campbell. . ■Tho Magistrate said the evidence was contradictory, and insufficient to convict defendant. The information was. accordingly dismissed. Inspector Hendrey stated that the case against A. SI Mitchell was similar to the above, and he could bring no other evidence. This information was also dismissed. ■ , ■ Neil Stuart Campbell, licensee of tho . Bellevue Hotel, was charged in that he did aid and abet Beryl • Gilman and Ernest Wilson in the commission of an offence, to wit being found in the Bellevue Hotel on Sunday, July 2, when it was required to be closed. Mr. T. Young appeared for. accused, and contended that until the persons charged with being illegally on licensed premises were first prosecuted and convicted, no one could be convicted of aiding and abetting in the commission of the offence. Inspector Hendrey stated that a man and a woman were found in a locked room in the hotel, and liquor was found in a cupboard in the room. When the police entered there was strong evidence that the man had taken alcohol. Fictitious names and addresses were given the police, and the; individuals could not be found in Wellington. The Magistrate held that the charge of- aiding and abetting must be proved before there could be a conviction. The case was dismissed. . OTHER CASES. Arthur Doughty, alias Herbert Doughty, pleaded guilty to the theft of a 6uit oase and contents) valued at .fill ss. 6d., also, to 'the theft of an overcoat of the value of =£6 6s. Inspector Hendrey said accused had a bad record. He would not work, and was a. meuace to society. If he were sentenced to reforms* tive treatment it would be a relief to the public. His Worship imposed a sentence, of six months', imprisonment on each charge, td be concurrent, and to undergo two years' reformative treatment.

For insobriety, Nils Edi Carlson was fined 10s., in default 48 hours' imprisonment. John Johnson, charged wtih indecent assault on a male, alleged to have been committed at Westport on July 8, was remanded to appear at the southern townon Thursday. Alfred Ireson pleaded not guilty to a charge of theft of a swag and contents valued at JJb," the property of- James ,Woods. After a partial hearing, the case was adjourned for a week, so that Woods, who is in the Marlborough' district, may Lo called as a witness. A plea of not guilty was entered by Thomas Iverson to a charge of being a vogue and a vagabond, and playing an unlawful game on the. water-front. Mr. IJ.1 J . W. Jactcson appeared for accused. Tho constable who arrested 'the accused said he had a clear view, although there were five meu crouching down on the wharf, with accused and others standing around. He saw accused throw tho dice produced, but he saw no money. Mr. Jackson raised the point that 'tne mere throwing of dice was not a game of chance. Inspector Hendrey contended that the mere fact that theso men were crouching doffn and. others were standing .round apparently interested, and that accused was seen throwing the dice, indicated that a game was being played. There was considerable argument on the pint, and the Magistrate decided to look into, the matter. The case was accordingly adjourned. CIVIL CASES. Mr., W. G. Biddell, S.M., heard the civil cases in the Magistrate's Court yesterday, when judgment by default was given in .the following cases Australasian Institute of Marine Engineers v. F. Wolff, -£3 10s., costs 12=.; Commercial Agency, Ltd., and Thomas Horton, Ltd., v. L. N. Inwood, <£3 10s., costs 10s.; Vacuum Oil Company, Ltd., v. Dr. E. K. Jidie, ,£lO 75.. 6d., costs £1 13s. 6d.; Izard and Weston v. Tarete Ranginui, .£2O Bs. '6d„ costs '.£4 195.; Wallace and Gibson v. Clifford Smith, £10 175., costs £1 13s. 6d.; George Doughty and Co. v. Low Hoon" Bros., ,£25 17s. 4d., costs £2 145.; W.'Wiggins, Ltd., v. A. T. Lamb, 6d., costs 18s.; Veitch and Allan v. Violet S. Harding, ill 4s. 6d., costs £1 10s. 6d.; Jones ajid Ashdown v. T. N. Bloomfield, £2, costs 10s.; Commercial Agency, Ltd., v. Kenneth Kennedy, .£2O 14s. Bd., costs £2 145.; Commercial Agency, Ltd., and Brodrick and Co. v. O. J. Chivers, .£l6 Is. Gd., costs Jei 10s. (id.; Wellington Gas Co., Ltd., .v. Alexander Johnston, 10s,, costs only; Commercial Agency, Ltd., and Wellington Gas Co.. Ltd., v. William Rhodes, *81 os. 2d., costs 55.; Commercial. Agency, Ltd., and A. T. Bate y. A. J. Penman, .£3 lis. 3d., costs lis.; William Ward v. Charles Taylor, 10s., costs Bs.; C. I?. Lusher v. Charles Davidson, £o lis., costs il ss. Gd. JUDGMENT SUMMONSES. Judgment summons cases were as follow:—Charles Onyon was ordered to pay George Stanley Chisholm the sum of £2 165., on or before August 3, in default to undergo 48 hours' imprisonment. Frank Harnett was ordered to pay John Edward Butler, Ltd., the sum of -£23 3s. 2d., on or before August 3, in default to serve 21 days' imprisonment.

BREACHES OP AWARDS. Judgment was given in the following defended cases The. Inspector of Awards v. Waipuk'e Smith, claim of £2 for a breach of the Wellington hairdressers' • assistants' award, in that he did work on June 3, the King's Birthday. Judgment . was given for plaintiff for 10s., but no costs ' were allowed. ' Inspector of Awards v..S. Sigall, Ltd., claim .£lO, fdr a breach of tha hairdressers' award, in employing Waipuke Smith on the Kind's Birthday. Judgment for plaintiff, £2, and no costs. . LANDLORD AND TENANT. Maurice Moses, Wlliard-saloon proprietor, Riddiford Street,' claimed .£54 15s. from A. C. Arkell,. brewer. The statement.of claim showed that plaintiff, by agreement, held certain premises (formerly tho Newtown Hotel) under a weekly tenancy from defendant, and one of the conditions was that if he (tho plaintiff) was compelled to va«ito before May 14, he would receive XlO in compensation. It was alleged .that on May 12 that a contractor, without tho authority of the plaintiff, started to demolish a portion of tho premises in order to convert the promises into a picture theatre. Tho plaintiff claimed .£l9 15s. as special damages, .£lO as per tho agreement, and <£25 general damages. " Tho defence was that tho contractor commenced work without the authority of the owners of tho building, and defendants denied that plaintiff had suffered any loss. Mr. A. W. Blair appeared for the plaintiff, and Mr. T. Neavo for defendant. I His Worship reserved judgment.