MAGISTRATE'S COURT

Dominion, Volume 11, Issue 27, 26 October 1917, Page 9

MAGISTRATE'S COURT

ALLEGED HOUSE OF ILL-FAME

UNSAVORY CASE

M'Gaithy, S.M., presided at too Magislr-a-to's Court yesterday. Gertruao ATiiwan was cnar K ea with, between October 4 and 18, Keoping a house of ltl-famo ivit'nin Uliu meaning of t-lio War ltcgulalions at d I'rumiiii btrcel, island Jdey.

lvouo Mauley, Tiiolma Collier and Mary Morgan wero charged v/itn assisting in tno management ol a house oi ill-lanie. Vera Malcolm was charged that botweeu October 13 and lb gnu tita reside in a house of ill-famo at 5 Freeling Street, Island Bay.

Sir John Findlay, K.C., ivith. him Mr. 11. F. OLeary, appeared for the accused Kene Niamey, and Air. n. F. O'Lcury appeared lor the other four accused.

Sir John Findlay asked that the case against hia client shou'd be taken lirst. iio said ho wished to cull a momber oi Parliament to give evidence on behalf of the accused, and he himself wished to get back to hlj Parliamentary duties. Inspector Jlarsack said that all the cases were of practically one character, and the evidence would be almost the same in all oases, and to adopt tne course suggested would mean that the evidence would have to be repeated. Mr. H. F. O'Leary said that tlicre would bo no need for that, as ho would agree to tho evidonco given being admitted. ®ho Oonrt was oleaj-ed during tho hearing of tho cafe,

Inspector Marsacl;, in opening said that for tho past three or four weeks the house, No. 5 Freeling Street, Island Bay, ■was in tho possession of Gertrude M'Bwan. From information received the .police had the place under observation for about three weeks, and prior to that the placo was being watched by a private detective agency. Evidence would be given of acts of immorality actually seen by different watohws. The place was visited by a great number of men. including soldiers, not matrimonially connected with any of tho women. There -was no evidence of immorality against Ycra Malcolm, bnt she was Tesiding on the premises between the dates mentioned.

Plain-Clothes Constable Tricklebauk, who took a. prominent part in keeping watch on the house, gave evidence as to what he saw during the hours of his watching. Rene Manlcy was convicted, and ordered to eomt up for sentence when called upon. Tho oase against Vera Malcolm was next taken. The charge Ggainut her was simply of residing in a house of ilMame, there being no allegation of immorality against her. She was convicted, and ordered to come np for sentence when called upon. Gertrude l['Ehva.n, who was convicted of keeping a house of ill-fame, was sentenced to six months' imprisonment. The Magistrate held that she was the ringleader and was ruining the other women. '

Thelma Collier was convicted of assisting in the management of a house of ill-fame, and was ordered to come up for sentence when called upon.

OTHER OASES. Three young men', named Douglas Saunders, Harold Edward Floyd, and William Hereward, were charged tiiac being articled seamen on an oversea vessel they did unlawfully desert from the said ship at Auckland on September 28. They were convicted, and sentenced to one month's imprisonment each, and to be handed over to the captain of the vessel wlitu demanded. For insobriety Daniel Fitzpatrick, against whom there was a previous conviction, was .fined 2(is., in default Eeveu days' imprisonment. •> CIVIL CASES. str. W. G. I'iddeli, S,jt., heard the civil cases in tlie Magistrate's Court yesterday. Judgment was given for ulaiiiliiis in the following undelemled caseslieury F. 4ioss, iiid., v. Daniel and Co., is., costs ill! l'te.; Vacuum Oil Ou., Liu., v. JLt. A. Nodder, i)ll llis., costs £1 ills. Ul.; sarnu v. K. F. Xoilson, £4 14'. fcd., costs IBs.; Dayton Money weight Scale Co., Ltd., v. A. I''. Wilson, £4, costs life.; W. it. Tiudali, Ltd., y. J. I'. Matthews, 14s. 3d. costs 10b.; S. Smith and nous !Motor Accessories, Ltd.), v. Bastiil and Avery, £21 14s. 3d., costs £3 55.; William .\lur.phy v. A. J. M'Duff, ss. 9d., costs' 15s. RESERVED JUDIUIENT. Reserved judgment was delivered by Mr. W. ti. liiduejl, S.M., in the ilagistrale's Court, yesterday, in the case in winch W. it. Trengrove add Son, taxi-cab proprietors,- proceeded against J. ,1. Curtis and Co., Ltd., to recover the sum of £53 10s. lor damages to a Uixi-cab, caused, by del'eiidani's lorry. According to the evidence, a carter employed by the delendaut:couipany driving a two-horai lorry after delivering goods, allowed the lorry and horses to remain in llio doorway of plaintiffs' premises .in order that ho might feed tho horses. At noon the driver was re(|iio.ited to remove tho lorry from the doorway, and iu doing so the horses, iusLcad of going forward, backed the lorry into plaintiffs' garage, and damaged a taxi-car which was standing in tlie garage about two feet from (.ho back of the lorry. It was contended that the damage was duo to Hie negligetico of the driver. The facts were not disputed by defendant's counsel, who contended that plaintiffs had failed to show that the defendant's driver was negligent in his management of the horses. The- Magistrate said that defendant's driver knew that his lorry was in elo*c proximitv to the taxi-car, and he also knew the young horse in the lorry had a. very nasty habit of rushing backwards when called upon to go forward. The fact, that he placed chocks behind the lorry wheels showed that the driver was aware of the necessity t-o take some precaution to prevent the lorry being pushed into the taxi-car, and the only question to be decided was ivhother under ail tho circumstanccs he took all the precautions, a .reasonable driver would have taken to prevent his

lorry- causing damage to plaintiffs' propevty. He held the defendant company responsible for the damage done, but considered that some of the items in the claim were excessive. Judgment was given for plaintiffs for £39, and costs £6 IBs. At the hearing Mr. ,T. ,f. M'Gratli appeared for plaintiff and Mr. H. F. Ton Haast for the defendant company. DEFENDED CASii. Decision was reserved in the case of the Xew Zealand Consolidated Dental Company, Ltd.. who proceeded against the American and Australian Steamship Line to recover £31 4s. Bd., the value of 45 dozen tooth brushes alleged to hare been pillaged on the high seas. The defence was that It* case containinc; th" brushes was intact when delivered bv the defendants to the nlaiiiliff. Mr. TI. E. Evans appeared for the p'aintilT and Mr. A.. W. Blair for the defendants.