MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3009, 21 February 1917, Page 9

MAGISTRATE'S COURT

POLICE CASES. Mr. L. G. Ecid, S.M., presided at tho Magistrate's Court yesterday. For insobrioty, Timothy Delancy, against whom thero were three previous convictions, was fined 205., in dofault seven days' imprisonment; John Mackay, with ono previous conviction, was fined 10s., the alternative being threo days in gaol. Four first offenders wore convicted and discharged. George Ferrier Greig, convicted of indecency, was fined lfls., in default threo days' imprisonment. George Woods, who pleaded guilty to using obscene language, v;os fined 205., the alternative'being seven days' imprisonment. An elderly man named Robert Brown, who was found sleeping out in Thorndon Quay, was convicted of being an ddlo and disorderly person, and was ordered to come up for sontence when called upon. ~. , , John Stanley Sheen, a soldier, pleaded guilty to a charge that on March 2, 1916, at Christchurch, he stole 10s. in money and a revolver valued at .£l, tho property of Edward Eiseley. Inspector Marsack stated that a certain amount of restitution had been made. Sheen was . ordered to return the sum of .£7 10s., in default 14 days' imprisonment, and was ordered to be banded over to tho. military authorities. CIVIL CASES. A DRAPER AND THE AWARD. Mr. AV. G. Hiddell, S.M., presided ovor the civil sitting. Tho Inspector of Awards (Mr. G. H. Lightfoot) proceeded against H. J. Archer, draper, Cuba Street, for penalties for alleged breaches of tho Wellington Soft Goods Trade Employees' Award, in that tho proportion of junior hands employed was excessive, also that he made wilful false entries in bis wages and time book. Mr. C. H. Tread well appeared for the defendant. Mr. Bailey, Inspector of Awards, in his evidence gave particulars el the alleged breaches. Mr. Troadwell, for the defence, remarked that this was a samplo case of pinpricking, and was of a character' *Mt caused unnecessary friction between employer and employed. With Tegard to the first charge it was, he said, impossible on the construction of tho award to say what an assistant roally was. Although defendant had made incorrect entries in his wages and time book, they had not been made wilfully. His Worship, in deciding the case, said ho was not prepared to enter a conviction on the first charge. The award

was not clearly drawn up in respect to the matter of assistants, and fie was not prepared to interpret the award. Judgment would do entered for .defendant, and leave to appeal'was granted. With respect to the second charge, the Magistrate stated that the. position was so clear that ho could not understand the defendant making a mistake. Defendant was convicted and fined 405., with costs 7s. Mr. Treadwell's request for costs in the first case was refused, the Magistrate remarking that the matter brought beforo the Court was of public interest. UNDEFENDED.CASES. Judgment by default was given for plaintiff in the following undefended cases:— J. P. Brandon v. 'Herbert S. Eose, .£l7, costs .CI 10s. Gd.; Harold B. W. Osborne v. Win. Caleb Smith, £'iH 155., costs i! 2 lis.; The British General Electric' Co., Ltd., v. Thomas P. Murphy, .£9 os. 5d., costs £1 3s. Gd.; Tho Public Trustee v. John Harvey, .£3 os. 10d., costs 10s.; G. Hardt and Co. (an enemy firm by its controller, tho Public Trustee) v. Douglas D. Earles, .£25, costs £2 Us. ; Alfred Pinckuey v. William H. M'Cullough, £1 Gs., costs 75.; N.Z. Institute of Architects r. I\ Noel Bamford, ss. costs only; ■T. H. Whitaker and Sons v. Mrs. C. M. Oliver, .£l2 7s. 4d„ costs £1 10s. Gd.; Ward Bros. v. Charles Avery, .£1 10s„ costs 55.; Golliu and Co. Proprietary, Ltd., v. G.. W. Lawrence, ,£1 18s. id., costs 55.; A. and T. Burt, Ltd., v. Mrs. K. Mulholland, £1 18s„ costs 55.; W. A. Arnold v. A. Noble, .£6 ss. Gd., costs £1 3s. 6d.;>Dalgety and Co., Ltd., v. G. Wickenden, ,£22 3s. Sd„ costs £3; Hallenstein Bros., Ltd., New Zealand Clothing Factory v. E. G. AVarTing, .£2 lGs., costs 10s.; N.Z. Farmers' Co-op. Distributing Co., Ltd.,

v. James M'Nio, .£l2 19s. Gd., costs ,£1 10s. Gd.; same v. Of. Wickendcn, .£5 155., costs £1 ,95. Gd.; John Andrew Smyth v. Robertson and Kelly, ■ .£ls Is., costs .£1 Ifls. 6d. ALLEGED ASSSAULT. David Jones, lato assistant cook on tho p.s. Maitai, for whom Mr. P. W. .Tackson appeared, charged J. Walker, baker on tho samo vessel, with; committing an unprovoked assault on him bo as to causo actual bodily harm. Tho alleged assault occurred on tho high seas on November 22 last. Mr. H. F. O'Leary appeared for tho defendant. It was alleged that the complainant was injured in one of his ears, which was continually running. The case was partly heard by Mr. W. G. Riddell, S.M., and adjourned to Saturday.