MAGISTRATE'S COURT

Dominion, Volume 11, Issue 222, 7 June 1918, Page 8

MAGISTRATE'S COURT

THE HINDU'S KNIFE. Mr. S. E. M'Carthy, S.M., presided at the Magistrate's Court yesterday, and dealt with the police cases. Hiiiia Bogwan, a Hindu, was charged that on May D!) at Wellington he did assault a fellovcouutryman named Eavaji Dhalia. Tho parties were working at Murphy's brick and drainpipeworks, loading a lorry with pipes. The accused had a, knife- in his possession, and tho complainant teemed afraid of him. Presently tho driver of tho lorry, heard the complainant call ont,'Jind on investigating discovered Dhalia holding Bogwan's hand, in which there was a knife. On- being told to put away tho knife Bogwan did. so. Tho police were informed of the occurrence, and liogwan was arrested in Taranaki Street. He denied possession of tho knife, but later admitted it. Thi) accused in his evidence, stated that he had no intention of doiiiK the plaintiff any injury. Ho took tho knife with him to the works to sharpen it. When ho and Dhalia were working together the latter kept od asking him if ho were going to kill him. At last Bogwan said ho would kill him. and

produced the knife. Tho Magistrate said it was quite clear that Dhalia was frightened of the accused, and there was no doubt that ho intended to use the knife on the man, but was fortunately prevented. ' jßogwan was sentenced to two months' imprisonment. THEFT OF A WATCH. A pica of guilty was entered by Sidney Levitt, who was charged with the theft of a watcli and chain, valued at JM 55., the property of John Isaacson. Hub-In-spector Emerson stated that tho accused and complainant wore stewards on an oversea vessel, and the accused stole the watch from his mate. A few days later another member of Ihe crew met the accused in tho street and noticed that lie had the watch on him. The accused was taxed with having stolen the watcli, and an argument ensued. Constable Smith came upon tho scene and desired to know what tho trouble was about, and eventually arrested Levitt. The complainant was sent for, aud tho watch wis recognised. As the vessel was about to leave, the. captain was anxious to get the accused on board, and it was therefore suggested that the penalb' should be a fine. The Magistrate characterised the theft as a particularly mean on'l , . and fined tho accused J;5, and ordered that ho bo handed over to the captain of the vessel on. payment of the fine.. OTHER CASES. For insobriety Charles ICenip, against whom there was one previous conviction, was lined 205., in default seven days' imprisonment. Edward Bloomfiehl, with three previous convictions, was convicted and ordered 1b tome up for sentence when called upon, and a prohibition order was issued against him, to bo iu operation for twelve months. Two first offenders (soldiers) were convicted and ordered to bo handed over Id the military authorities; another was lined 10s., in default 2-t hours' imprisonment; and a fourth, who failed to appear, was iihetf 205., with tho alternative of -IS hours' imprisonment. CIVIL CASES. Mr. W. G. Eiddell, S.M., dealt with tho civil cases, and gavu judgment for plaintiff by dofault in tho following cases:—City Corporation v. 15. Kyan, «£1 Is. Jd.. costs r>»\; Hope Gibbons and Sons ami .I. .11. Clarkson, Ltd., v. A C. Scott, X\ 18s. 7d., costs 75.; Commercial Agency, Ltd., and Cycle aud Motor Supplies, Ltd;, v. Boag and Waymouth, .ill 95., costs 135.; Valium Oil Co. v. W. L. Butler, .1:2 195., costs Ik.; A. llatrick and Co., Ltd., v. Herbert A very, X' 2 Ms., costs Ms.; same v. Dingle and Co., Ltd., .fill Ids. 9d., costs .El 105. lid.; 13. W. Mills and Co., Ltd., v. John Colman, £K IDs., costs £{ 15s. lid.; John Moore v. Kobirt Sheppard and Franks Imler, XIA 6s. fid., costs .C 2 2s. fid.; Governors-of Wellington College and Girls' High School v. Archibald M'Laren, J513 Ms., costs .Cl.lfe. .IUDGMENT SUMMONS. In a judgment summons case Thomas M'lnernoy was ordered to pay W. H. Bedell X'!i I.ls. by June 20, or serve three clays in gaol. . BUILDING CONTRACT CLAIM. William M'Coll, William Kerr M'Coll, Leonard Phillip Parker " Double, and James Druinmond, carpenters, trading as M'Coll and Co., and Austin Tyler, bricklayer, proceeded against J. B. Pinlay, land agent, to recovor XIGB 7s. in respect to a building contract and materials supplied for tho erection of a house at Day's Bay. Tho contract set out that the plaintiffs were to supply labour and certain material for the erection and removal of certain buildings, and the defendant was to supply certain other materials. It was alleged that on account of the defendant failing to carry out his portioa of tho contract the phhtifl's wero unable to complete the contract. Ono hundred and seventy-one pounds ten shillings had been received by the plaintiffs, and they now claimed for the balance of the contract, JCBB 10s., with extras J226 35., and wages >C 53 Ms. Defendant counter-claimed for iilOO for the loss sustained through tho contract being nbandoned, together with expon3<«. Judgment was given for ,£SO 12s. lid. with £L Is. costs in regard to Austin Tyler's claim, and ,£2-1 155., costs £1 25., in respect to the other plaintiffs' claims. On tha counter-claim judgment was given for defendant for =£20 7s. and M te. 2d. costs. 11

Mr. N. A. J. liarkcr appenred for Tyler, Mr. D. ft. Hogßard for the other plaintiffs, and Mr. D. M. Findlay for Iho defendant.