MAGISTRATE'S COURT

Dominion, Volume 12, Issue 100, 22 January 1919, Page 5

MAGISTRATE'S COURT

THE GAME OF HAZARDS

A CHARGE DISMISSED

Playing the game of hazards was the nature. of tho charge .preferred against a waterside worker named Jnmes Whitburn, before Mr. F. V. Frnzer, S.M., .at the Magistrate's Court yesterday. The accused elected to be dealt with summarily, and pleaded not guilty. - , Constable R. Anderson, stationed on :the waterfront, said that at 5.30 p.m. on January 20 he saw accused throw two dice. Witness proceeded to arrest him, and saw him pick up two shillings and sixpence. On the way to the police station the accused remarked that witness might have let Mn go, as there were others worße than he. ,

The accused denied the charge, stating that the two shillings and' sixpence was'not his property; ■ .The only money ho had in his possession at the time was one penny. When the constable arrested him he was merely idling away time waiting for work. To Acting-Sub-Inspector Emerson: Constable Anderson was incorrect when I he "stated that' he saw accused throw the dice. He admitted that the game was being played, but he was not ingHi' Worship ■■ considered that there was an element of doubt, and as it was a caße of oath against oath, the accused was entitled to the benefit of such doubt. Tho charge would bo dismissed. •

ALLEGED FORGERY. A young man named Sydney Mexted was charged with forging a cheque on the Bank of New Zealand, Dannevrrko, for the sum of £8 10s., and uttering same to Amy Elizabeth Unwln at ketone, on November 23 last.

Chief-Detective " Boddam. said that the accused and two other men went to Mrs. Unwin's dining-rooms at Petone and ordered meals, which vere supplied. The sum charged for the three' meals was 4s. 6d., and the .iccused tendered a cheque for £8 10s., payable to S. Mexted, and signed "Jessie Mexted." Mrs. Unwm- cashed the cheque, retaining 55.. which'included Bd. for exchange. When arrested, the accused admitted his guilt., . Evidence was given by Amy Elizabeth Unwin' that she at first refused to accept the cheque, but accused said the cheque was made out by his father, who was a wealthy farmer in Dannevirke. The defendant then endorsed the cheque, and witness cashed it. ,

Formal evidence was given by Detec-tive-Sergeant Andrews.

The accuded pleaded guilty, and was committed to the Supreme Court for sentence.

THEFT OF A TYPEWRITER. . A charge of the theft of an Imperial typewriter (valued at £20), the property of Percy Rogers, was preferred against William Raven Heenan, who B'as defended by Mr. P. W. Jackson. Police evidence 'was to the effect that the accused entered, the Te Aro Hotel on the afternoon of January 12, and asked for a bottle of whisky. The typewriter was in tho office with a cover on it; and' it was in its usual place when tho accused entered the hotel. Later, accused was seen, carrying the cover of a typewriter down Willis Street, but no trace of the typewriter joould be found. It was still missing. Tlie. accused, who gave evidence, stated that on Sunday, January 12, he entered the Te Aro Hotelvhilst on his way to. a Chinese lauadry to'give in his washing. He carried the washing in a Gladstone bag. This bag was still at tho laundry, and the police had the receipt for the washing; He denied all knowledge of the typewriter and. the typewriter case. His Worship was satisfied with.the evidence of the prosecution, and entered a .conviction against. Heenan, and remanded him'for sentence till Janiiarv 24. \ .. J

OTHER POLICE CASES. The case in which David, Leech Kinnear was charged with assaulting Police..: Constable 1 - Samuel Small, causing him actual hodily harm, was further adjourned to' January 29. Tlie accused was allowed bail in the sum of £50 and one'surety of £50, on condition , that ho reported daily to the police.

On a charge of theft of a quantity of articles of a total value of £30 45., a young woman named Florence Groom, alias Grown, alias M'Gaskill, was remanded to appear at Christchurch on January 23. Bail was allowed in the sum of £50 and one surety of

For drunkenness John O'Neill was convicted and-fined 10s., and one first offender was similarly dealt with. CIVIL CASES. CLAIM FOR RENT AND POSSESSION. A claim for. possession of a house was heard by Mr. F. V, Frazer, S.M., when Lucy Blanche Luff, of Wellington, proceeded against Thomas. Hunt, """'ASf of the range department of John Duthie and Co., Ltd., of Wclling-

Plaintiff claimed possession- of a cottage situated No. 39 Priests Avenue, letone, let by the plaintiff sto the defendant at a weekly renal of 135., upon the grounds: (1) That the tenant had failed to pay rental at the agreed rate; (2) that tho tenant had failed to take reasonable care of the premises and had committed waste; (3) that the premises were required by the landlord for her own occupation. Plaintiff further claimed the sum of £4 15s. for arrears of rent and £5 for damage to house and fittings. Mr. O. C. Mazengarb, who appeared for the plaintiff, submitted that prior to the defendant entering into possession of tho house it 'was in a state of good repair, but after some time it was noticed that it had suffered some damage, and communications Were received from the Petone Borough Council requesting that the place be put in order.

For tho defenco Mr. 11. F. O'Leiiry contended that his client had not failed to pay the rent at the agreed rate, nor had his client failed to take reasonable care of the house. As a matter of fact the house was in a had state of repair, and it had been found that many.of the fittings were worn out beyond repair. The plaintiff was already liviiig in a house, and he submitted that she did_ not really require possession. Plaintiff proposed to increase the rent to 16s. a week, and with the additional 3s. intended to carry out the repairs the defendant'-asked 'for. These repairs would enable the defendant to live decently and comfortably.

His Worship held that the plaintiff had failed on all grounds, and judgment would be given for tho defendant with costs.

COLLISION BETWEEN VEHICLES A collision between a motor-bicycle and a milk cart resulted in action being taken by Thomas Glengarry, a waterside worker, who sought to recover tho sum of-£l7 lis. from Parker and Osborne, dairymen, of Owen Street, Newtown. Mr. J. Scott, who appeared for tho plaintiff, said that on Sunday, August 11 last, plaintiff was riding his motorcycle along Daniel Street, when he collided with a milk cart owned by tho defendants, and at the time in charge of three boys, the eldest of whom was apparently not more than twelve yaers of age. The collision resulted in plain-

tiff being laid up for two rree&fl wilk a'n.injured leg, and he therefore claimed £1U for loss of wages, £1 medical expenses, £1 10s. for repairs to his machine, and £o as general damages. After hearing part of the evidence His Worship, Mr. 1\ V. Fraz'er, S.M., adjourned the case till January 25. DISPUTE OVER A DWELLINGHOUSE. Before Mr. W. G. Riddell, S.M.. further evidence was heard in the civil action Abraham Levy M'Duff v. Charles James Bennett,, a claim for balance of moneys alleged to be owing by the defendant in accordance with an agreement for the erection, of a dwellinghouse in Yule Street, Kilbirnie, and also for extras incurred as arranged between the parties. The defendant; counter-claimed for £1M for damages by reason of the alleged negligent and faulty construction of the dwelling and departure from plans and specifications, and also for a further £25 by reason of. loss and expenses incurred bv him over the delay and failure of tne plaintiff to construct the building in accordance with the specifications. Mr. A. W. Blair appeared for the plaintiff, and Mr. M. F. Luckie for tho .defendant.

After hearing lengthy evidence as to the materials used in the construction of the dwelling the Magistrate adjourned tho case till January 30. JUDGMENT BY DEFAULT. Mr. W. G. Riddell. S.M., gave judgment for plaintiffs by default in the following cases:—Wellington Publishing Co., Ltd., v. J. M'Laughlin, IDs. 6d., costs 135.; Reginald Collins, Ltd., v. Joseph Carroll, £5 175., costs £1 3s. 6d.; Edward Francis Richardson v. Frank Pierce, £8 35., costs £1 3b. 6d.; O. M. Banks, Ltd., v. W. H. Humphries, 125.. lid., costs 55.; Smith and Smith, Ltd., v. Francis Herbert Washbourne, £8 10s., costs 135.; British and Continental Piano Co. v. Charles N.ecklen, £2 175., costs lis.; Wellington Publishing Co., Ltd.', v. Riach and M'Lennan's Co-operative 'Association, Ltd., £7 45., costs £1 3s. 6d.; same v. J. Tavlor, £1 6s. 2d., costs 9e.; same v. J. "H. Cla'ridge, Bs. 9d., costs 135.; H. H. Tombs, Ltd., v. Daniel Irving, £1 17s. 6d., costs 55.; Smith and Smith, Ltd., v. Llewellyn Hathaway, £43 7s. 4d., costs £2 145.; George Winder v. W. Butler, £17 13s. 7d., costs £1 10s. 6d.

JUDGMENT SUMMONSES. Henry P. Aeher was ordered to pay Arthur Ernest Mills the sum of £10 on or before February 4, in default to go to prison for seven days. Aleck Lister was ordered to pay V. Kirkbeck the sum of £6 15s. 6d- by February 4, in default six days' imprisonment.

L. Gestro was ordered to pay H. E. Sawden the sum of £10 3s. 3d. by instalments of 16s. per month.