MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2840, 3 August 1916, Page 9

MAGISTRATE'S COURT

TRADE MARKS CASE CRIMINAL PROCEEDINGS Mr. W. G. Hiddell, S.M., presided at the Magistrate's Court yesterday. James Joseph Eccles and Audrey Le Vere, his wife, were- charged that, on July 1,1910, they did, at Crookston, Otago, falsely applv to fire extinguishers the trade mark '"Ajax." Mr. T. M. Wilford appeared for accused, and Mr. G. G. Watson for the informant. Mr. Watson stated that proceedings had been taken -under the penal clauses of the Trades Marks Act, and the mant is the proprietor of the "Ajax" fire extinguisher. The Deputy Registrar of Trade Marks gave formal evidence showing that "Ajax" was registered in the name of F. ]?. Fabian on June 29, 1916. \ Frederick Francis Fabian, registered proprietor of the trade mark "Ajax," said the female accused had been in his employ as travelling representative in Canterbury and North Otago, and left in August, 1915. From information he received lie found it necessary to advertise in the southern papers warning people that tlie two accused were not authorised to represent the "Ajax" fire extinguisher. Later he received a letter from Mr. Charles Hill, of Crookston, com-' plaining of the worthlessness of the extinguishers, and this decided him to take action. The fire extinguishers offered for sale by accused were exactly like the "Ajax" extinguishers in their make up. Charles Hill, settler, of Crookston, said the male accused came to his place, and ha was induced to buy two of the extinguishers. He tried them on his household fire, also on fires made outside with boards and kerosene and rags and petrol, and the extinguishers failed to extinguish the fires. He wrote to the "Ajax" Company a letter of complaint, to which Mr. Fabian replied. James It. D. Guthrie-Smith, of Masterton, stated that he purchased from Eccles one extinguisher for 155., and paid by cheque". He had not made any test of the appliance. George Hall Phillips, taxi-proprietor, Masterton. gave evidence' as to driving both accused round about the outskirts of Masterton. They were selling' extinguishers, and during the tlvreo days he was engaged the sales averaged about ten to a dozen a day. Sergeant Miller, of Masterton, 'furnished particulars of,the arrest.' Mr. G. G. Watson explained that the evidence they had against the female accused was weak, and with, the consent' of the Court he would withdraw the charge. The Magistrate consented to this; James Joseph Eccles reserved his defence, and was committed to the Supremo Court for trial. Bail was allowed in ,£2O and one. surety of .£2O. CHAEGE OF^ASSAULT. Arthur Gorfiam was charged that on July 19 he did unlawfully assault Charles Newell so as to cause him actual bodily harm. Inspector Hendrey prosecuted, and Mr. H. F. O'Leary appeared for the accused. , Inspector Hendrey stated that the alleged assault took placo in, Tory Street, and Newell had his jaw broken and had been in hospital for three weeks. James Charles Newell, carpenter, Rona Bay, said that on the day in question he was in tho Albion Hotel, and had drinks with accused and another man. Witness could not remember how he got out of the hotel or how he received his injuries. He remembered being taken to the Wellington. Hospital. ' Ho could give no information as to how he oamc by Ivis injuries. Alfred Young, insurance agent, said that he was coining down Tory Street on the Wednesday. He saw three men in Tory Street; two were in front and one behind. Presently there was a- slight scuffle,' and one of the men fell. Ho lay motionless, and apparently dead. William Piggot Lepper, manager of M'Carthy's brewery, said he was going up Tory Street. He saw'three men together, and presently one of them fell ou the footpath.- He could not.-say-what caused the man to fall. He thought the man was killed. He identified tho accused as one of the men. The accused tried to get away, but witness stopped him. Tho accused and his companion earned the injured man as far as Holland Street. Catherine Stanley, residing at 23 Holland Street, said she saw accused between 1 and 2 o'clock on tho Wednesday.- She also saw M'Alindin bringing a man who was bleeding down' Holland Street. She saw .Gorham go up the passage way. Accused spoke to her the same night. He said, "I didn't know you .were a policeman or a shelter." Florence -M'Kay, residing in 21 Holland Street, recognised Newell, and remembered M'Alindin and Newell coining to her place on the Wednesday. Newell was bleeding. She saw Gorham also. He came rushing into her back yard and got over the fence and away into Tnranaki Street. He returned to her place in the evening, and asked if the police had been there. Sergeant Fitzpatriek, of tho Taranalci Street station, said he arrested accused on warrant. Accused said ho had been struck first. The accused was arrested the day following the alleged , assault, and he then had a black eye. . William M'Alindin, residing at 24 Holland Street, said lie was with Newell in the Albion Hotel, and met Gorham there, where they had drinks. Newell said something tp accused, which the latter resented. Witness and Newell then left the hotel, and went up Tory Street. Accused followed, and said something lo Newell. The latter gave a back answer, and accused struck him. AVitness only saw one blow struck. Newell in falling struck a lamp-post and landed backwards on the ground. This concluded tho case for the prosecution, s Accused reserved his defence, and was committed to the Supreme Court for trial. No bail was asked for. POLICE. CASES. For insobriety, eight first offenders were convicted and discharged. Nellie Parris, a charwoman, for whom Mr. .1. J. M'Li rath appeared, was called on to answer a charge that on July 21 she stole £1 in money and one gold brooch, value A'l, the property of Robert Henry JL'Kenzie, and also.with the theft of ...Eli- in money, the property of John Lc'.slie Jackson, on .Inly 28. Accused pleaded guilty to both charges. llr. ill'Grath, for the accused, stated that the money was stolen, while the woman was at work as a charwoman. ' Her husTiand was blind, and she had two little children whom she had to support. The brooch had been recovered, but not the money. There were no previous convictions against accused, and he suggested that, under the'circumstances, the ends of justice would be served if the accused was convicted ami ordered to come up for sentence, when called, upon, and an order made for the stolen money to be restored. His Worship adopted this course. The charge against John Carver of the theft of an overcoat, valued at £-, and two pairs of shoes, valued at 305., was further adjourned to August 9. Arthur Edward Bilcliffe. arrested at Otaki and charged with desertion from the Expeditionary Forces, was ordered to he handed over to th c military authorities. Taipua Cootes, for whom Mr. H. F. O'Leary appeared, pleaded guilty lo two charges of theft fjom the New Zealaridcr Hotel. He was charged with stealing a gold and diamond brooch and two gold and diamond rings, valued at .£BS, also two handbags, a purse, a Post Office Savings Bank book, and £2 in money, of the total value of £-1 ss. After hearing the evidence for the prosecution the accused was committed to the Supreme Court, lor sentence. Bail was allowed in .£IOO and one surety of'.£loo. John Home, alias Owen, was charged ! with indecent assault on a girl aged eight at. the Upper Mult on October 5, - 1913. The accused, for whom Mr. U. F. , O'l.earv appeared, pleaded not guilty, | and was committed to the Supremo Court