MAGISTRATE'S COURT

Dominion, Volume 12, Issue 112, 5 February 1919, Page 7

MAGISTRATE'S COURT

__ * POUCE CASiES THEFT OF VALUELESS" CHEQUE • A youth named Bay Frost appeared before Mr. P. V. Frazor, S.M., at tho Magistrate's Court'yesterday, to answer a charge of having "attempted to obtain the sum of £i by mouns of a falso pretence, to wit, a valueless cheque. ■ _ Detective-Sergeant' Cox stated that early in January a youth named Letham by some, means •■ obtained possession cheque book mid fillod in a cheo,uqe for «E3, signing if in his own name. . A day or two later ho went in for a swinr at lyall Bay, and whilst in tho wator Frost went through his pocket* and took-tho cheque for £3. On January 8 Pro3t- tendered the valuoless cheque in payment for board, and received 30s. in change. Tho cheque was found to be valueless, and the theft from tho dressing ehed was traced. • '••.'■ Tho Magistrate pointed out that there was a difficulty in regard to the wording of tho charge, as the defendant's action did not constitute a false pretonce, as ho (defendant) believed that tho cheque was valid. ' -'" Detective-Sorgoant Cox said'that Frost was on license from nn industrial school, and Hie Worship suggested that the' easiest way out of the difficulty might be to communicate with the Education Department, which would no doubt cancel. Frost's probation., Even, if the passing' of the' cheque-wns not dono' with any criminal intent, the,, theft from Letham's clothes was, , This course was agreed to. OTHER POLICE CASES. A Greek subject named Elephantos Athonathros, was convicted and ordered to uay costs, amounting to .£lO 103., on a charge of deserting from Ms ship, the Birnu. Thia amount includes tho payment of another man engaged to fill defendant's place, and also the costs of tho prosecution.

On a charge, of stealing a pieco of timber, the , property: of C. and .A. Odlin, i Ltd., William Skerrett was fined £3, in ' default.fourteen days' imprisonment, Edward BlooinSeld yns fined 43 for a breach of his prohibition order. .

A fine of £1 was imposed on Archibald JPlntyre, who admitted that ho was disorderly and drunk on February 3. •-' Frederick Duisdole wns fined- JG2 for being found-drunk whilst in charge of a horse. .........

: , William Pollock was convicted and discharged for drlinken.nes3, and. on n charge of wilfully damaging a.pane of glass yaliied at 355,, the property -of ' Albert Knowsley, he was convicted and ordered to pay the cost of the damngo .done.

. ; BY-LAW .CASES. The following by-law cases wero dealt with:— '

William M. Kebbel was convicted and ordered to pay 7s, .casts on a charge of failing to- stop the vehicle he was driving when ordered to do eo by a police* man. f■ ■ ■ ■ , ■ ■ John Bulkley was fined £2 and cosU 18s. for driving a motor-car at an excessive speed. For failing to stop when ordered to do so he was conyictod and discharged.

■■• William Omrod was fined 10s., and costs 75... for riding a motor-cycte-at night without a light.- i . ;, • .-. ; '

CIV.IL BUSINESS. MOTOR VAN~AiND TEAMCAR

The city corporation, reprosented by Mr. J. ,o'Shea; city solicitor, proceeded against' William Campbell, merchant, for whom Mr. G. H. Traidwell appeared, to recover the sum of '.£2O 83.', which the plaintiff: corporation' alleged. was the extent of the-damages done to, a tramcar through its being struck by the defendant's mptor van by reason of the negligent driving of u servant of the defendant. The accident tookiplace on Onepu Eoad, Lyall Bay,, on September 3-last, and according to witnesses -. called by plaintiff, the van was being turned round .in order .that it might be riiii back-to-wards the city, when it ran into ,o tram which was stationary, ,or.practically so. , According to witnesses, called-.for tho defence the .tram 'struck- the motor van. Aftef'heanng the evidence, Mr. .W,. G. Riddcli;.. S.M,, decided that it wag.in favour of , the. statement that the tramcar was struck by the van. ". . Judgment was entered for plaintiff for the amount claimed, together with costs amounting to £6 10s'. . .. .POSSESSION OF TENEMENT.'Annie Deckston ■ .proceeded . against 'Arthur E. Andrews and A.; Welch for the' possession of two tenements in' Tasnian Street,- owned by' her and occupied by the defendant*. Plaintiff stated that ehe claimed i possession in order, thabshe might cnrry.oiit extensive alterations and improvements. .•-•'.,'•■'■■ ' Mr. G. G. Watson appeared for the plaintiff. : * '~.'.- . , At the ( conclusion of the evidence the Magistrate, Mr. P. V. Frazer, S.M., said that lie Mas unable to make the orders applied for, and pointed out that the owner had 'accepted rent without qualiflcation after tho expiry of the notice to quit, and had .admitted that in neither case was the rent in arrear. ■ A/more.impprtant point was that the plaintiff had recently purchased the houses as a speculation, and what she intended to' have done was not bona fide ropair work, but simply alterations which would enable

her to sell the properties at a considerably higher price' than she had given for them. In His Worship's opinion this did not npponir to bo a proper ground for the making of an order to quit, ns the war legielntiou was intended to safeguard tenants, and not to benefit speculators. :The tenants in both, Oases Lad stated: that they were willing to ■ allow repairs necessary to the preservation of thp buildings to be carried out. CLAIM FOR DAMAGES- TO MOTORCAR, Before Mr. W. G. Riddell, S.M,, Albert Henry Schwass, fawner, of Tokomaru,. proceeded against John Rainbow Stansell, settler, of Mara'nuj, Wellington, to recoyer the sum of £\$ 175., for 'damages alleged, to hnvo been sustained' by plaintiff's motor-car,as a result of the negligent driving of defendant's car by a servant of the defendant. The clnim set forth that plaintiff's car was stationary at ■ the side of the Horokiwi Gorge Road, whon defendant's car drovo into it and caused serious damage. ■ , Mr. A, W. Blair appeared for the plaintiff and Sir. T. W. Jlislop represented the defendant* The defendant counter-claimed ,for a sum .of .£59 55., for domago sustained by his par, caused, he aUogedyby the negli-, gent driving pf the plaintiff's, car. The" defendant stated that hi? car was practically stationary when plaintiff's car collided with it. After.hearing part.of the evidence His Worship adjourned the case to February 11. ,•■ .A DENTIST'S CLAIM. W. T. Sommerville, dentist, proceeded against Tβ Heu Neu, Tukino, before Mr.. W. G. , Eiddell, S.M., for tho recovery, of ,£2o' 10s., being the cost of dental; services rendered by- plaintiff to defendant and his wife. . ■ Mr. E. K. Kirkealdie appeared for the plaintiff and Mr. 6-. G..G, Watson re-. 'presented the defendant. Aftor hearing tho ovidonce, His AVorship gavo judgment for plaintiff for •A'l9 Ms. ■ ' • .

JUDGMENTS BY DEFAULT. Judgment for plaintiffs by default was given by Mr. W. 6. Hiddell, S.M., in thu following caaes;—Douglass Bray v. Y. Hayden, £2 155., costs 10s.; 'IS. J. Shackelford, W. 111. Wills, and J. W. Stock' v. the Imperial Motor Co., £i 9 18s. 3d., costs £H lie.; Cadb'uKy Bros., Ltd., v. Claudo Powell, £W 9s. 6d., costs £'i 'Uβ.; Hutchinson, Wilson, and Co. y.T. Stotvart, £6 10s. lOd., costs £1 Us. 6d.; Dominion Motor Vehicles,- Ltd., v, Thomas Stewart, XlO 3s. lid., costs £1 10a. Oil,; Stoneham and Oxenham v. John Thomas, £i is., costs 135.; Arthur M.Holmes v. W. J. Pearse, JBIO 16s. 4d., costs £1 10s. 6d.; Laery and Co., Ltd., v H H. Bryant, 6d., coats 165.; same v. A. Ratclift'e, JJIIB 16s. 4d., costs' ,£5 I9s. j Brownlee, Ltd., T. R.. E. Poweil, £"l 7s Id., cost 3 £2 143.; Oscar Hewitt ■and Co. v. James Kyle. £i, costs 125.; John Chambers and Son, Ltd., v. fa. Beero, £1 12s. 3d,, costs 10s.; same} V. ■ J J, Bourke, 412 18s, 9d., costs M «s. ed.; flame v. T. Northcoto, £i 18s 3d., costs- £l .9a. 6d. " . .