MAGISTRATE'S COURT

Dominion, Volume 11, Issue 250, 10 July 1918, Page 8

MAGISTRATE'S COURT

—o "A COWARDLY ASSAULT" CHARGE AGAINST A SOLDIER The police cases at the Magistrate's Com t yesterday were heard by Mr. F. V. Prazer, S.Jf. Wliat was characterised as Tjeiiiff a cowardly assault formed the subject of a charge agaiust a soldier named Albert Kniest Bezar, of liaving assaulted William Jacobs, a man aged G3 years, ou July 8. "I cannot understand what prompted (his young mau. a soldier, to do what ho is alleged lo have done," remarked Inspector Jlarsack, who prosecuted. "Ihis old man was standing <|iiietly near the Pier Hotel about a quarter to nine, when .Bexar caino up and snatched his stick Irom him. i'ho old man followed down Grey Street, whereon Bezar turned and struck liim across tho head, inflicting a painful wound. It was not a dangerous assault, but it was a thoroughly cowardly one." Evidence was given by Jacobs, who said that ho gavo no provocation whatever. A seaman named Alfred Joseph Read slated that ho chased Bezar and handed him over to a constable. "The most charitablc view I can take of the occurrence," observed Mr. Frazer, "is that the defendant was drunk at the time. I don't like to think that a sober British soldier would disgrace himself by assaulting a man old enough to be his father." His Worship imposed a fine of £o, in default ono month's imprisonment, anil made an order that half the fine should he paid to Jacobs. THEfT OF A WATCH. A plea of guilty was entered by Michael M'Grath, who. was accused of liaving stolen, ou July 2, a watch valued at £S, belonging to Anders Berg Anderson. Chic-f-Detective Boildam said the watch had been taken to a second-hand dealer's. Suspicion fell on M'Grath, who, when interrogated by Detective-Sergeant Scott, denied tho allegation. Subsequently, when confronted by tho dealer, he admitted stealing the watch. Accused, added the Chief-Detective, had a bail record, and since 1917 had been in gaol practically continuously. In. all tliore were eleven previous convictions against him, some of them being of a serious character. His Worship sentenced M'Grath to sit months' imprisonment, and ordered that ho receivo not more than eighteen months' reformative treatment. OTHER CHARGES. James Martin was charged that lie broke and entered tho warehouse of Griffiths and Co., Blair Street, and stole a quantity of goods. Ho was remanded for eight days. Graco Richardson was remanded for a week on a charge of having loitered in Courtonny Place contrary to tho AYai Regulations. CIVIL CASES DISMISSAL OF KINEMATOGRAPII OPERATOR. A claim for .£l9 10s., being a month'; salary in lieu of notice, was made against tho Crown Theatre Company, Ltd., before Mr. W. G. Riddell, S.M, b> Bernard Brooks, a kinematognipli opciator, Mr. T. Neavo appeared for the plaintiff ami llr. A. W. Blair for the defendant company. . For the plaintiff it was stated that hi; engagement with tho defendant company was terminated ou May 13, with out the month's notice stipulated for bj tho terms of his engagement. Evidence was called oil behalf of tin plaintiff Hint he was a man of sobci Jiabits, and several witnesses said it. sur prised them lhat there were allegation' against Brooks of having been under tin influence of liquor at times. . Mabel Brooks, wife of plaintiff, sau that on a night on which lier husbam hail arrived late at tho theatre she wa very ill, but refused to let her husbam go 'for a doctor. Later on, she deculei to visit a medical practitioner m Hit Street, but on her way to tho latter : surgery she felt faint and went inlo tin Crown Theatre to have a rest. For the defence, Mr. Blair said (ha the actual reason for Brooks's dismissa depended upon a series of circumstances The waller wns brought to head b; Brooks arriving late at the theatre oi tho occasion of a particular performance The following night he absented linnsel from-tlio theatre altogether, and was sus pended. Brooks had slated that he wa late oil ono important occasion owing t the serious illness of his wile, yet th latter herself turned up at the Ihe.'itr daring the courso of the evening. 1 was not contended that Brooks actual!; got drunk, but on three or four occasion he had arrived at the theatre and show ed signs that he had taken more liquo than was good for him. The director o the defendant company had also reeeivei a long series of complaint* regarding th manner in which Brooks had handle films. Other theatres with whom it wa the custom to exchange film spools lia been put lo inconvenience on account c Brooks not having tho films ready at th proper time. . After evidence had been heard in su] port of the case for the defendant con pany His Worship adjourned the hearin until Tuesday next. WORK ON A LAUNCH. Reserved judgment was given by M Riddell, S.M.. in the case in which tl. Hutchinson Engineering Company, Ltd ; claimed from Lupi and Co. the sum < „£5:5 17s. (id. for goods alleged to ha\ been supplied to I ho defendants in. coi ! liectioa with work done to the engine < . a ilshing launch during .April last. LI defendants, who are fishermen at; Ts an Uav, counter-claimed for tilt 12*., alio: r ing that the plaintiffs failed to comp e the work properly, and lhat they hr 1 lost a good deal of working time ow.ii to the repairs nut being effected earlie t His Worship said that 1 he plainiili charges appeared to be excessive. \ Judgment was given lor plain tills I [ .£3O, with costs .M 175.. and on the con (■ tor-claim del'emlanls were awarded J: 1 with costs ,E2 His. _, At the hearing Mr. J. C. J ornsotii a jjpiirod for phiinliils ;iiiil Mr I', h. "a ! 1 for defendants. f POSSESSION OF HOUSES. 1 la a case in which John Henry Poll 1 was proceeded against by John .lam 1 Boyd for the rccoverv of a sum oi . p 12s. (id., for rent and possession of . ' tenement, judgment was given for plai I, tiff, with iosts .£'2 12s. fid., and d.eten ant was ordered to give up possession J'«lv »l- „ c , - r , e Before Mr. F. V. I'raster.. S.M., A. ( Rutherford sued George Blair tor 0 for rent and possession of a house. Mr II E. Evans appeared for plainn Plaintiff said that ho required the pi mises for his own use. and said that t defendant had already had a lnom-l notice to quit. He himself (plain!iff) h had his furniture stored for a. considi „ able time. He was living in an hotel, a a married daughter was due from 3 nev. For these reasons he required t house himself. , 1 The defendant stressed Ihe difficulty . obtaining another house, and said n could not leave (he premises earlier Mr Longmore, a land agent, was nsR . what he thought was a reasonable u ,! in which lo get another house, and p said a month. .. u Defendant said lhat a month would quite insufficient. . . 0 Plaintiff agreed to a .further fortnig n making six weeks' notice in all. . Judgment was given for possession .. be given within six weeks. It wns then stated thai, the claim 1 rent had been settled, and no judgmt was asked for 011 that account. Plaml was allowed <£1 Is. costs. UNDEFENDED CASES. le Judgment by default was given r ' plaintiffs in tho following uiuiefcnc lc cases:—Alexander M'Millan, Ltd., George li. Wilkinson, J!-H 75.. costs le 4s ; AV. A. Brown v. F. T. Thomps to ,£|, costs 123.5 City Corporation v. Geo: e ' Fearn, Xi 12s. 8d„ costs 95.; Kempthor s- Prosser and Co. v. W. 0. Wilkinson, , it lis., costs JJ2 Ifl. Gfl. s Hope Gibbons, Sn :t and J. B. Clark6on, Ltd.. v. A'ald Hi s. sen, ,£97 11s. Id., costs -E2 Bs.; City C poration v. AVilliam Hinton Poole,

is.. co?t.s 1(K; Early Bros., Lid., v. J. J. Cameron, .£8 10.--., co<ts <£1 lis. Gd.; Eva M'Clintock, William John M'Grath, Mary losepLiiio .M'Grath, and Irvine Pevel (trustees of tho lato John Norton) v. Frederick Marriott, XI 75.. costs 125.! j N.Z. Shop .Fronts, Ltd.. v. Charles_ Johns , mil Son, ,£2(i, costs .£2 175.; AVilliam J Necs v. Iho United Timber Co., Ltd., £13 11s. ad., costs XI IDs. Gd.; James Smith, Ltd., v. James Wright, <K) Gs. lid.. :osts 10s.; Laery and Co. v. George Thomas AVoodroofe, costs only, 55.; K. and E. Tingey, Ltd., v. E. Bell and Co., £li 13s. L'd., costs XI 3s. Gel.; Bannatyne and Hunter, Ltd., v, K. Peeves, Xm lis. 10d., coits .t;l Ills.; Benjamin Seuicloff v. . \lrs. E. Davie (in respect of separate j ?stale). £.'( 17s. Gd., costs XI 7s. Gd.; Novelties, Ltd, v. li. Kidson, X'J Is. 7d., iosts 10s. (