MAGISTRATE'S COURT

Dominion, Volume 12, Issue 2, 27 September 1918, Page 7

MAGISTRATE'S COURT

POLICE AND .CIVIL BUSINESS. Mr. F. V. Frazer, S.M., presided at the Magistrate's Court yesterday. Charles Kemp, for insobriety, there being four previous "convictions against ■him, was sentenced to seven days' imprisonment, and for committing a breach of his prohibition order he was convicted and discharged. Similarly charged, William Woods, against whom there were also four previous convictions, was convicted and discharged, and for committing a breach of his prohibition order lie y*a« fined £3, in default 14 days' detention. Two first offenders found guilty of" drunkenness were oach fined 55., \vith tho option of 21 hours' imprisonment. A- seafaring man named' Robert .Hennis was convicted of supplying a soldier with beer for consumption off premises in breach'of the War Regulations. Hennis bought the liquor for himself, and while walking down Manners Street he met- two- soldiers, and got into friendly conversation with them. Hennis was at the time under the influence of liquor. The three men went down a sido lane, and one of the soldiers was given the beer to drinic. Hennis pleaded guilty, and was fined 405., with the' alternative of seven days' • imprisonment. BREACH OF TRUST. Lewis . Edward Nicholas pleaded guilty to receiving £1 9s. 3d. from John Beckendale on terms requiring him to account for the same to Garrett and Co.; also to receiving £1.9 4s. '2d., arid did fail to account for same to Garrett and Co. ■ Mr. H. F. O'Leary, who appeared for accused, said that the man was staying at a hotel, and as he had to lie at work very early in the morning he had to. start without breakfast, and usually took a glass of whisky. This continued for a month or more, during which time the man was in a muddled condition, and these defalcations occurred during that period. Nicholas joined the Expeditionary „Force cn August 15, 1914, and after two years' service was discharged unfit; with good conduct. The money could be refunded by instalments, and it was possible that accused's friends might find tho whole of the money in a fortnight. He pleaded that the man should be given a. chance and be granted probation. The Magistrate said that it,was more than mere theft—it was a. breach of trust—and he could not run counter to the expressed views of the Supreme Court and grant probation. On the first charge Nicholas was convicted and discharged, and on the second he was sentenced . to twelve months' reformative treatment. The Magistrate inti.nated that he would recommend 1 that Nicholas ho sent to a prison camp. CIVIL CASES. ' Mr. W. G. liiddell, S.M., heard the civil cases, and gave _ judgment for plaintiff in the following undelended cases: William J. Haines v. H. Mitchell, £1 25., costs 55.; Commercial Agancv, Ltd., and F. Cooper v. Wall, 165., costs lis.; same v. G. G. Martin, £•% costs 125.; W. Wiggi.is, Ltd., v. G. H. Price, £1 10s., costs os.: Davis and Clater v. G. Oxspriug, £1 os., costs 55.; Blundell Bros., Lt<l., v. Jl. A. Jones, 25., costs only; Mrs. M. Tonks v. Alfred Smith, £'2 17s. Bd., costs 10s.; William J. Haines v. Jlira Whitenian, £2 95., costs 10s. In a defended action, judgment was rriveu for Margaret Loekett for 205., with 6s. costs, against Eric Holt. Francis William Garner was ordered to deliver up possession of a tenement to Charles Tandy by October IS. .Judgment was also given for plaintiff for £12 125., rent due, and £2 6s. costs.