MAGISTRATE'S COURT

Dominion, Volume 11, Issue 256, 17 July 1918, Page 8

MAGISTRATE'S COURT

A COWARDLY ASSAULT ATTACK UPON AN OLD MAN "The evidence goes to show that this was a very cowardly and blackguardly assault," remarked inspector Marsack in , a cn.se heard before Mr. F. V.. Frazcr, S.M., at the Magistrate's Court yesterday, in which John Elwyn Byrne was ! accused of having assaulted an old man named Richard Cna'ter, at Our Theatre, Newtown, 011 February 21 last. The inspector added that about a quarter to nine 011 tho evening of the information, accused, a young man, went to the theatre and tried to pass Carter, who was on duty as a ticket collector. The latter asked Byrne for his ticket and accused struck him a severe blow on the right side of the face, damaging' some ot' the old man's teeth. Carter was also knocked down on to the stairs. Eventually, the manager of tho theatre came along, closed with Byrne, and tried to ■hold him until the police arrived, but Byrne managed to effect his escape in « motor-car, alter subjecting the manager to a good deal of abuse, and was not seen again until arrested 011 Monday. Byrne denied striking the old man 011 the jaw. "I would not assault an old man at all," said accused, "because I respect my father and mother. I was protty intoxicated, that is all I knowabout it." Giving evidence, Richard Carter stated that Byrne smacked him across the face with his open hand, and grabbed him by the throat. He was not pushed downstairs, but on to the steps, and a small piece was knocked off one of his teeth. Daphne Ashliurst, cashier at the theatre, gave corroborative evidence, and said accused was the aggressor. "This seems to have been a cowardly sort of business altogether," remarked His Worship. "It is a very poor excuse to say you tvers .drunk. If you commit that sort of thing when you are drunk you had much better keep sober." His \\ oiah ip said he would fine Byrne the sum of it', and was in the act of fixing the alternative when inspector Marsack remarked that the fine could he paid, as accused had J:f)l> 011 him when arrested. _ "if 1 had known that I would have lined him more," observed Mr. I'Tazer, who ordered that half the penalty of J:ti should be paid to Carter by way of compensation. Accused was also called upon ko uay 18s. witnesses' oxuenses. OTHER POLICE CASES. Alfred Cruse was remanded until- I'riday on n charge of stealing two pairs of bouts, valued at -02 Js. (id., (lie property of Hannah and Co., Ltd. On a chargo of having stolen a pair of leather leggings, valued at lis. 6d., the property of Mrs. Hay vice, William David Creamer was remanded for a week. I'or .insobriety, Thomas Farrell was fined _tl, in default 72 hours' imprisonment, and was also prohibited. Of au first offenders, one was reuiauded for a wee!;'s medical treatment, and five others were each fined 55., in default 21 hon'rs' .imprisonment. civiHmess KJNEIIATOGHAI'II OPERATOR'S CASE. The case in which a claim for _Cl 9 10s. was made by Bernard Brookes, a kinematograph operator, against the Crown Theatre Company, Ltd., was resumed before Mr. U'.,(.1. itiddell, S.M. The sum was claimed 'as a month's salary in lieu of notice. / T.he engagement of plaintiff with the defendant company was terminated on Slay 13, plaintiff alleging that he did not receive a month's notice as stipulated by tho terms of his engagement. For the defence it was represented that plaintiff had exhibited negligence in attending to his machine, which had become rusted in parts, and he had also handled films in a manner which hud resulted in the directors of the defendant company receiving complaints. Sir. T. Neave conducted the case for the plaintiff', Air. A. W. Blair appearing for the defendant company. After further evidence had been adduced in support of the defendant company's ense, llis Worship reserved liis decision. POSSESSION OF A HOUSE. H. E. Sawden proceeded against L. Gestro for the recovery of XI Ms. and possession of a tenement. Judgment was given for plaintiff for tho amount claimed, with Is. costs. A warrant for possession was also granted. UNDEFENDED CASES. Judgment by default was given for plaintiff's in the following undefended cases:—New Zealand Automatic Bakeries, Ltd., v. Thomas P. Williams, M 6s. 2d., costs lis.; Herb. Price v. N. G. AVinkelman, ,C 3 10s. 3d., costs 10s.; J. B. MaeEwan and Companv, Ltd., v. Thomas Batty, m ss. lid., costs J!2 175.; AVairarapa Farmers, Ltd.* v. Hans Wilde, .CI 7s. 3d., costs 155.; "New Zealand Times" Company, Ltd., v. Sirs. William Craig, .£5 15s, id., costs ill 3s. Gd.; City Corporation v. Norah G. Cameron, ill llis. 3d,, costs 55.; Public Trustee v. Thomas Northcott, .£8 ss. Gd., costs ,E1 13s. (id.; Harrington's, Ltd., v. J. H. Whiting, 13s. 3d., costs 55.; Hutcheson Engineering Company, Ltd., v. ,T. Weekes, 12s. 2d., costs 55.; A. S. Paterson and Company, Ltd., v. J. Weekes, - ,£4 15s. 10d., costs 10s.; Mrs. I'. E. Green v. William Samuel Hurcomb, .£lO 18s., costs •El 10s. (id.; ,T. Boucher and Company v. Alexander Sutherland, „C 25 10s., costs, £2 lGs. . JUDGMENT SUMMONS. On a judgment summons, C. Headland was ordered to pay the Barnett Glass Rubber Company, Ltd., the sum of .£59 17s. lid, by monthly instalments of ,£3.