MAGISTRATE'S COURT

Dominion, Volume 11, Issue 98, 18 January 1918, Page 3

MAGISTRATE'S COURT

ALLEGED DISLOYAL UTTERANCE CHANGING A NAME WITHOUT PERMISSION Mr. S. E. M'G'arthy, S.M., presided at tho Magistrate's Court yesterday and dealt with tho police cases. Edward Lomax, for whom Mr. H. F. O'Leary appeared, was charged with failing to answer questions put to him by Constable James Graham in respect to enrolment under the Military Service Act, and further that he did publish a statement indicating disloyalty in respect to the present war, the words used being "To hell with a registration card and the King of England, too." Tho case was part heard a week ago, when the complainant in respect to the second charge, a man- named' Sutherland, gave evidence. Constable Graham said that he saw the accused in Willis Street and asked him his name, and witness was told to find out. "When asked if he was enrolled, he replied "G'o to hell and find out." Lomax was far from being sober at the time; he was not excited but was verv stubborn. Mr. O'Leary, on behalf of accused, said that Lomax did refuse to answer tile questions put to him by the constable, but the circumstances attending the refusal ought to be taken into consideration. Lomax was drunk, and it was unwise of the constable to question him then. Liquor affected different men in different ways, and it made Lomax stubborn. Asa matter of fact. Lomax had been called no and placed in the C 2 class, so that the answers he gave the constable were lies against himself. With respect to the disloyal utterances, there was only the evidence of Sutherland, who admitted that lie had had several drinks. .He was a busybody, and acted impertinently in questioning Lomax, and the impertinence was resented. The answers given to Sutherland were probably the same as those given to the constable. Lomax, in his evidence, stated that Sutherland had annoyed him with his questions. He annoyed him to such an extent that he was sorry he had not struck him. Hi:' Majesty the King was not mentioned during the conversation. , The accused was convicted on the charge of failing to answer questions and was fined £0, with tho alternative of one month's imprisonment, and the charge of disloyal utterance was dismissed. Arthur Disher, a guard, at Somes Island, was charged with rising obscene language ill a railway carriage, while travelling between Wellington and Otaki. Mr. P. W. Jackson appeared for defendant. The case was partly heard last week, when a Mr. Rowson, Inspector of Fisheries in Victoria, gave evidence as to the conduct of the defendant 011 the day in question. After hearing the evidence of the defendant, who absolutely denied using obscene language, the Magistrate recorded r conviction, and inflicted a fine of £0, with the option of one month's imprisonment. Frederick William ScMlutcr was charged with using a name other than the one he was commonly known by without the permission of tile Minister of Internal Affairs. _He pleaded guilty and said that having a German name, on coming to the North Island from the South, lie changed it to that of "Wells." It- was not done to avoid military service, as he hqd registered under that name. Chief Detective Boddam said the ease was brought under Sections 42 and 43 of tho Military Service Act. The man.was under remand to appear at Auckland in respect to anothor charge. A fine of £d, with the alternative of one month's imprisonment, was imposed. For insobriety three first offenders were convicted and discharged: Elizabeth Hammond, who was found helplessly drunk in Hawkestone Crescent, and D. Alexander Wright, who was found in a similar condition in Courtonay Place, were remanded for a week for medical' treatment. Thomas Rimmer was fined 205., in default three days' imprisonment. Those inebriates we're dealt with bv Mr. W. G. Hiddoll, S.M.

CIVIL CASES?. Ml-. AV. G. ltiddell, S.M., dealt with the civil cases at the Magistrate s Court yesterday. Judgment was given for plaintiff by .default in the following cases;— Arthur James Hanson- v. B. Byrne, £i ss. lid., costs £1 3s. 6d.; Chas Begg and Co., Ltd., v. Baxter Buckley, £1 18s., costs os.; same v. Miss I'. Allen. 7s. 6d., costs 75,; same v. I. Frisk, 10s. 6d., costs os.; L. Reynolds and Co., Ltd., v. Irvine and Koulston, £60 10s., costs £1 10s.; "William Campbell, Ltd., v. J. Elliott, £6 2s. 3d., costs £1 3s. 6d.; G. H. Thornton v. A. Deekston, 55., costs only; Public frustee (as administrator of the estate ot Axel Holtz) .v. Colonel Wolfe, £11 165., costs £1 10s. 6d.; same Cexecutor of the will of A. Tasker) v. AVoollett, £8 10s., costs £1 fs. fad., same (elecutor of tlm will of 11. JTurner) v. Cyril Goldsbnry, £14 os. 9d., costs £1 14s. 6d.; Gold and Arcus (assignees of estate of A. D. v. Percy Thurston, £2 ss ; , costs 10s.; Vacuum Oil.Company v. &• H. Bolton, £4 os. Bd., costs 10s.; C. and A. Odlin Timber' Co. v. Robert Ernest Powell, £7 ss. 8(1., costs £1 " County Council v. Frederick Biattle, lis. lid., costs £1 3s ; same v. Alexandrinn M'Kav, Us. od., costs £1 ds., same v. Thomas A. 5d., £1 35.; same v. G. J. Hume, £ Bs. 3d., costs £1 3s ; same v Charles H. Smith, £4 2s. Bd., costs £1 ds , J. J. Eason and Sons v J. Col P" s, r ~ 4 6s. lOd, costs 125.; Burch and Co Ltd., v. Mrs. J. Turner, lOd , costs 155.; Vacuum Oil Co. v. A. Kussel l, £25 6s. 3d., costs £2 14s ; British and Continental Piano Co. v. Robert Borthwick, jun., £38 17s. Bd, costs £2 145., same v. Mrs. Delia Giawford, costs £1 10s. Od.; Commercial Agency and Sargood, Son, and Lwen, Ltd\. H. J. Crowley, £2 13s. 6(1., costs 10s same and W. Wiggins, Ltd., v. r. U , nnagh, 10s., costs only ; same v. V. Corlett, £7 -155., costs £1 3s. Gd., ..awe and Cycle and Motor Supplies, Ltd., u Georgo Morris, £13 os. lit, costs 1145.; same and Briscoe ami Co,, L-d., v. John D. Scott, £4 los. '(1., cosls 10^;.; Vacuum Oil Co. v. K Bell and Co., £11 19s. 10d. costs £1 10s. 6d. s Pinny and Mitchell v. G. A- Mm, £12 10s., costs £1 Ids. Gd. j h Allan v. C. 1!. Cundy, £49 3s. |d., costs £3 9s. 6d.; Osmond and Sol, v. S. Brercton, £20 los. 6d., costs £2 175.; Commercial Agency and H. u Gibbons and Co., Ltd., v. R. Hor.deison, £2 13s. 3d., costs £1 12s. Judgment summons cases weie dealt with as follow:--A. AV. Imios and J. K. Cockburn were ordered to pay the AVeliingtou Loan Co , Ltd., the oiini ot £5 Is. 4(1., by instalments ot us. per week : S. AV. ttudd was ordered to pay AV. Si Park £3 Bs. 2d., by January 31, in default two days' imprisonment; J. Eislt was ordered to pay the. A r acuum Oil Co. £3 10s. 8(1. by January 31, or undergo four flays' imnrisonment; C. IT. Snow was ordered to pay Mrs. S. Johns £f) 16s. 2d. by instalments of 2s. 6d. per week.