MAGISTRATE'S COURT

Dominion, Volume 11, Issue 269, 2 August 1918, Page 7

MAGISTRATE'S COURT

STORY OF A CHASE

CHARGE AGAINST YOUNG MAN A young man named James Martin was charged before Air. W. G. liiddell, 3.M., ut ;ho .Magistrate's Court yestor(ay, with having broken iuto Iho pro!\V S ? S -, rifiilhs and Co., auctioneers, buur Street, on the night of July 8, with intent to commit a enmc, Inspector prosecuted and Mr. H. h O'Lcary appaaivd for accused, who iweaded not guilty. •John Shmiy, at the trait Markets, said that at about 10.15 |).m. on July 8, he was on his rounds uul he heard a uoiso in the building of ivhieh Grilliths and Co. occupy a part. He looked through the door and saw riirce persons inside, reeling suspicious, le went to telephone J'or the polico from i telephone cabinet. Oil coming out 10 met Sergeant Martin, and afterwards ook up a position where he could watch ho building. He saw a cart come out >t a- door of t!ie building. The vehicle 'Vas packed up high with boxes. One imji Has <!iii r iji« the cart. and another nan was walking alongside it on tho oolpath. Witness followed the cart, V l -./!? ' IC "I'proached the premises of ji'imtns and Co. Jio heard someono fasenmg the door on the inside. He called >ut and asked who was inside, but revived no reply. Prom the Allen Street side bo heard someone banging the doors Hid lie again called out, hut got no reply, le was then joined by Sergeant Lopde'lV ind a constable, Sergeant Martiu being >u tie other side of the building. Later >n. no si,«' tlio accused in the custody >r Serge;vfit Martin. 'J'lio night was "!r' there 41 heavy dew. io Air. O'Leary: About live minutes lapsed <hirnig the timo he went to tho viophoiie box ajid returned' to Blair >treet. lie was about fifty yards away roin the cart when lie first saw it. Ho lid not see the cart when he went to ho telephone box. Alfred Wallace, manager for Griffiths ind Co., stated that accused had been iinplojed as a sloreiimn fo?. the past wo years. Accused was on early duty luring the week the offence was Alleged :■> nave been committed, and was in posicss'oTi ot the keys of the premises Vbnut U JO a.m. on July 9 witness went town to the premises and found no sign >t . the place having been forcibly enter- •«. Later 011 he saw the accused at tho taranaki Street Police Station. Accused told him that after JO o'clock he miked to Gourtenay Place and bad sup!^,i a a 4, lejtiiuwnt. Afterwards ho l '° the store to get his coat and icau, as a.shower of rain bad eomo on. In examination revealed the fact that lotlung «-as missed from Messrs Grifiuld Uo.'? stock. Witness did'not viiow of any lirm which hod missed any. lung. Several linns occupied the same nrge room as Griffiths and Co. ut tho narket It- was very .seldom that goods vere delivered after f. p.m., ond on the hue in question wilness had given no tuuiority to deliver goods at night. ft vas possible that goods could he taken roni each lirm using the largo room in ;he particular portion of the market isod by Grilliths and Co., and that they vould not be missed. 11l reply to Mr. O'Leary, witness said i« had iound Martin quite an escellent luiii in o\ery way during the three yea is i:' had been employed by the linn of .'ninths and Co. [,| " wn ' ;ill » .head storemau for .'iilhtlis and t.'o., said that, when lie left ■he premises all the doors were locked nid iardoned, Iho big doors being secured ay bars on the inaid.'. When witness ivent home L lio business for tho dav had >ten finished. Sergeant Martin gave evidenco to the meet that he posted Constablo Scarrv in i'roil l. of one oi tlie doors ol tho prc|iuses in ijlair Sucet, and witness kept liie place under observation. There ivure no lights in tiie building. A little later witness heard a shout, and uiw Jons table Scarry, .chasing a man towards J.e. nice. The man was run • town and turned out to be accused. Accused dodged Constable Scarrv and was ;aught by witness, who askou: "Whites ..'it capor. J ' Accused replied; "I ii: lV o ueeii smoodging' with a girl." Sergeant Lopuell stated tiiat about 11.30 i ii.in. on July s Jie went to tno Fruit Mar- . ,<e " l /'bur Street, und arranged a junrd at Ihe doors of Griffiths and CVs. tie wont round to Aileu Street and found ihat » cart liad recently left a door on i. hat side ot the building. At tho police, nation accused said he went into the building to got his coat and scarf as ho thought there was going to be ruin. He suul ho ran away because he thought a jonsiable was striking at him as ho •iime out of tho door, Somewhere about II p.m. there were indications of dampness. i Constable Scarry said he saw aecu=ed emerge I com a. wicker door at the proimses. Accused ran away, getting as far luwwplui Street, oIV Cambridge Terrace. Witness caught up to him there, and he dodged back again lo Cuurtciiav Place, ttkta he was caught by Sergeant Martin. 1" reply to Sir. O'Leary, Constable Scarry .said he did not strike ut accused ivifh his baton. Accused pioaded not guilty and was ] :ommitted to the Supreme ' Court for trial. Hail was renewed as before in the ' 511111 of oCIM. CIVIL ACTIONS J , ' LOSS 01)' A lIOIISE. ' The hearing of the case in which J. 1 p'JJrien and Co., carriers, sued the City : Uirpo.at.iuii lor the sum of i'so daiuage<s lor tho loss of a horse was resumed be- » lore Air. W. G. liiddell, S.M. The ucLioii arose out of a collision between a horse-drawn lorry and u Wallace Street tramcar at the corner of Lower Cuba f Street and Wakefield Street on January 3 last. ' ] .Ui-.'M. Myers appeared for tho plain- < tills, ami Mr. J. O'Sliea, city solicitor, lorllie Oily Corporal ion. The plaindlfs aileged that the accident, which was the causa of the destruction ol the animal, happened through tho iiHitoriiiaii ol tho tramcar being unskilful and negligent in his handling of the car. The nurse had one of its legs - bioken and had to be shot. The ca=e for the defence was that tho mishit]) was due wholly and solely to the negligence of the driver of the lorrj'. Alter hearing further evidence for the dclence, His Worship reserved his decision. HEXT AND POSSESSION. Morbert Osborne M'h'arlaud claimed from Thomiw Grimsliaw the sum of .tD fur renc and possession of a tenement. It was tilatid that defendant had paid , an amount ot jy, so His Worship gave judgment for plaintiff for ili, and ordered that a warrant for possession be issued. -Mr. 51. B'. Luckio appeared for plaintill. UNDEFENDED CASES. 1 Judgment by default was given for 1. plainti!l's_ in the following undefended < cases:—Walter Smallbono v. \V. Freeman, .L'.'J IDs. JUd., costs li!i; Cndbury « Mros., Ltd., v. Cecil JJallantino, i)s. lid., costs .il 3s. (id.; John Niehol v. Andrew Gregg, .toll Is. 3d., costs £$ 125.; ( Osborne Manufiietiiring Oompiiny Ltd., v. W. 0. Wilkinson, -U2l ts., costs <CU •Is.; Davis <ind Water v. Captain A. C. Stevens, .t3 lite., costs Ills.; J. H. j Whittaker and Sous v. .1. Amos, J63 (is. iSd.. costs Ills.; Public 'I'rustco (as exeeulor of will of L'achael Barrow, de-cca-etl) v. Harold _ .Miller, 18s. 6d., costs JOs.; Spencer George Eadford v. Nurse Wilson, .til is. (id., costs 125.; Vacuum Oil Company Proprietary, Ltd., v. .Tames Toohev, .Mil lis. Id", cos'lfs Xi 17s. J UDGMENT SUMMONSES. On judgment summonses S. Brereton was ordered lo pay Osmond and Son (N.Z.), lid., the sum of A'l>3 btii. (id. by i August IS in default 21 days' imprisonineut, Sergeant-Major C. Smith was or- s lieied to pay the City Corporation .El 2 Ills, by August .15, in default 21 hours' u imprison meal;, and William Oswcll Wil- o kinsou was ordered to pay ,1. B. M'Ewan b and Company, Ltd., .£27 16s. Id. by f August ifl, in default 21 days' imprison- f ment. j