MAGISTRATE'S COURT

Dominion, Volume 11, Issue 155, 20 March 1918, Page 7

MAGISTRATE'S COURT

POLICE AND CIVIL CASES

Mr. S. E. M'Carthy, S.M., presided at the Magistrate's Court yesterday and dealt with the polico cases. George Yates, a soldier on home service, was charged with the theft of 12 canary nests and wires and two cciiary baths, value Bs. Sd., also with wilfully damaging two canary nests, value 45., the property of Fogtia and Copp, Vivian Street. ' Inspector Marsack stated that the case'was more one of drunkenness than of theft. The defendant was very drunk when, the committed tho offence, and the goals were of no value whatever to the man. He thought a prohibition order should issue, and defendant consented to this. Yates was convicted and ordered to come up for sentenco when called upon. A prohibition order, to be effective for twelve months, was'issued against liim and he was ordered to refund tho 12s. Bd., value of the goods. For insobriety, John J. Burns, against whom there was one previous conviction, was fined 205., in default seven days' imprisonment. One first offender was fined 10s., with the alternative of 24 hours' imprisonment, and another was fined 205., in default fortyeight hours' imprisonment. Peter Legg was charged with desertinc on .February 14 from an oversea vossel. Mr. H. F. O'Leary, who appeared for the defendant, stated that it was not an ordinary case of desertion. Legg had signed on in Wellington,- but bad absented himself when the vessel sailed. Mr. O'Leary further stated that he had been in communication, with tho shipping company, which was willing that the charge should he withdrawn if an undertaking were given, that all expenses incurred would be paid hy defendant. His Worship, however, recorded a conviction and ordered tho defendant to come up for sentence when called upon.

OIVIL OASES. Mr. W. G. Riddell, S.M., dealt with the civil business and gave judgment for plaintiff in the following undefended, oases :— i J. Campbell v. Maurice Sergei, £12, costs £1 10s. 6d.: David Anderson and Ernest Henry Anderson v. Bernard Brooks, £1 ss. 7d., costs 55.; Harcourt and' Co., v. Georgo Henry Stupplos, £1 65., costs 75.; E. Reynolds and Co., Ltd., v. E. Clink, £24 19s. Id., costs £1 35.; same v. T. Stewart, £43 2s. Id., costs £1 35.; Miramar Borough Council .v.. Duncan M. MadPlierson, £4 4s. lid., costs 75.; same v. Mrs. Ada M. Isherwood, £9 9s. 7d., costs 125.; How Zealand Automatio Bakeries, Ltd., v. George J. Adams, £1 ss. 2d., costs 75.: E. C. Browne and' Co., Ltd., v. J- Kelly, £7, costs £1 3s. 6d.; Dr. W. A. Chappie v. Mjss Agnus Murphy, £27 10s., costs £2 145.; Charles Pritzcn v. Andrew Anderson, £7 9s. 2d., costs 10s. . JUDGMENT SUMMONS. • in a judgment summons case Arthur 11. Townsend was ordered to pay the Maoriland Dairy and Produce Company, Ltd., £15 14s, Id. by instalments of. £1 a month.

CLAIM FOB DAMAGES. A case which took up a considerable time was that in which Dorcas Eliza Herbert, of Eketahnua, claimed from John Edward Fitzgerald, motor engineer,. Wellington, tho sum of £175 in respect to the storage of a motor-car. Plaintiff, who Was represented by Mr. T. M. Page, of Eketahuna, alleged that the car in question suffered damage to the extent, of £105 through the neglect of tho defendant in omitting to provide proper storage, the balance of the claim being for the wrongful detention of the car. .

For the defence, Mr. A. W. Blair called, evidence to show that the car had been sent down to defendant for sale, and he ; advised that_ tlie car would be unsaleable unless it was extensively repaired. The defendant stored the car at tho City Motor Carriage Works, and the defendant was willing to deliver up the car on payment of the storage charge. Lengthy, evidence was tendered by both sides, and at the conclusion Hib "Worship intimated that he would reserve his decision.

JUVENILE COURT. . In tho Juvenile Court, beforo Mr. S. E. M'Carthy, S.M., Mr. J. W. Butler, truant officer for the Wellington district, proceeded against several parents for failing to send their children to school regularly. . William Smith and Frederick Johns frere each fined 10s.; with costs 75., in default seven days' imprisonment. Thomas Cuff and Arthur Brooks were each fined 55., with costs 75., with

the alternative of seven days' imprisonment.

Martha Pcrvis, whose son had not attendo'd school for a period of two years, was convicted and ordered to come up for sentence when called upon, and iu tlia moantimo inquiries are to be mado as to the boy's environment. Mabel M'Lennan was also convicted and ordered to come up for sentence when called upon, and her child was ordered to report once a week for • a year to Mr. J. Dinneen, the probation officer to the Education Board.