MAGISTRATE'S COURT

Dominion, Volume 12, Issue 118, 12 February 1919, Page 4

MAGISTRATE'S COURT

THEFT FROM HOTEL BOARDERS .Before Mr. F, V, 'Frazer, S.M;, nt ttio Magistrate's Court yesterday, a young man named Eric Leu Nystrom pleaded guilty to five charges of theft of articles comprising three pairs of boots, valued at .03 2s. 6(1.-, a Colt revolver, valued at 4)5, and a fancy dress costume valued at .£2. It was 'explained by (lie police that tlio accused, who was formerly employed at the Municipal Milk Depot, lost his position, and in order to pay his board'at tho Waverley Private Hotel, stole, the three pairs of boots belonging to dilforcnt boarders and also the C'olt revolver, the property of Cyril Bnrtlett. Tho accused sold the boots to n second.-hand dealer at 3s. 6d., 45., and Es. iv pair, and also sold tho revolver for 12s. Gil. Nystrom had apparently been persuaded, to join a vaudeville company, and he had hirod.the fancy costume, valued at JS2, from Madame Marie Foley. The engagement, however, did not materialise, and instead of returning the costume ho £old it to tho same second-htyid dealer for ss. According to Plain-clothes Constable Black, the accused was a'thoroughly lazy man, who lived on his' parents, and, generally speaking, very little could be said on his behalf. Tho Magistrate considered that tho accused should be kept under proper control, and would therefore be convicted and.sentenced.. tjo three, gears' reformative treatment, on tho charge relating to the theft of the revolver. On tho other charges- he would be formally convictj-d' and discharged,' i THEFT FROM BATHING SHED. A youth named ■ Itay Frost, aged 17 years, who was represented by Mr. 0. C. Mnzertgarb, pleaded guilty to a- charge of attempting to steal ,£3, and also to a cliatge of theft of a purse valued at Ist,-and Is. Bd. in monev, the property of William Hoy Hill.', Cox 6tated that the .case, was a peculiar one in some respects. The accused was arrested on February •3 on a charge of stealing a cheque for <£3.' It appeared that during tho month of January, Frost had beert staying at the People's Palace Private Hotel,- in Cuba Street. On January ,'B, he went to Lyall Bay, entered one- of tho .dressing sheds, and went through- some clothes" which' were hanging- there.. In a coat ho found a cheque book, one slip in which was .filled in for ,43 and signed. The accused '"believed it. to be genuine and took it, later presenting it to Captain Dunn, of the Salvation Army, in .payment , for his board at the People's Palace. The cheque .was-subsequently returned-as valueless. As a matter of fact the person from whom the. tshequo was stolen was not entitled to a cheque hook,-and lie had made tho cheque in question out and signed it aud left it in tho hook, quite realising it was useless. The -purse and money was taken from the clothing of another' youth. Counsel lor accused stated that Frost was the youngest of a family of ten children, 1 whose'father was 80 years of age, and whose mother died in September last. A brother had "been killed at the front, and three .other brothers were still there. "When a schoolboy, r.ecused had' been detected in. the act of rifling a drawer in his brother-in-law's i.ouse, and for this offence was committed to. an industrial school, being only recently .'discharged. Counsel' suggested that the accused be convicted and ordered to come up for sentence, when called rpon, or admitted to probation. ' His Worship said that tile enso was hardly one for probation, but lie thought that the accused should, be given a chance. He iVotild lie convicted and ordered to come up for sentence when called -upon within three years on tho understanding that he comnlied with the directions of the Probation Officer. /.INSOBRIETY. One first offender for drunkenness was fined 55., and another was remanded foi a week for medical treatment. ' THE HOUS[NG _ PROBLEM. .. S • TENANTS INTERESTING CLAIM. S ..„,!Ehe,.ease,in which-Bertram. John Richf ardsqn, • of. Brooklyn, proceeded agalns! i-Nj j; 'Gibson,'agent;" of. Wellington, -wai | describedVby- .511'/.,R-iddell, - S.M. : ! at: the/Magistrate VCourt yesterday as.i peculiar action'of a'most iinconiinon type Plaintiff' suedtQ" -recover the. sum of tC.I3 I 10s.,'made up as -follow:--,£8 _10s.' for the.! coat ..of removal $> other premises), n'njl. ] general, damages.'lt-was set-out in i . .the statemeiit; of'claini thatithe,{plaintiff ! occupied, premises' at; '50-Devon.''Street, j '' owned .by a-brother defendan.t,: at -i a rental of 10s. per we6k'.' : 'Defendant act-; . ed as/the agent of the owner, and it was.' alleged-that the UefemUnt'falsely ancl deceitfully represented.:tint ho required.the. ' premises ,to be vacated: by the plaintiff in'.order .that.lie might"occupy them. • It jviis further'alleged that tho owner, did hot require the premises Jor-his own -use, and in :coinplying< with ra notice to'qiiit the plaintiff) hhd b'ceri compelled to rent; • : -a house elsewhere at ,a, rental' of 80s', per f week. Following, the vacation of the mises by the plaintiff, (lie defendant relet tho house at a rental of Jil 2s. 6d. per week, and the contention of counsel for ' tho plaintiff (Mr. C. W. Tanner) was that the notice to quit was merely given for the purpose of milking it possible to raise the reiit, which could not have been done while plaintiff was in occupation, by reason of the'provisions .of the War R-egula- . tions. ' , I : -In evidence;-the defendant, who was re■Lpresented by Mr. C. AY. Neilsen,. sai»l .. thai; his brother, who does not reside in j.AVeilington,' had informed ' him that he wanted'.a-house. in the city,, but after :/ cotning to 'Wellington he changed his , ihin.fl anjl left:the city again. In reviewing the evidence of the caso, His" Worship held- that in an action for ■' deceit,uthe case must be proved up to the ; jlilt,' aiid until that .was accomplished < the defendant was. entitled'to the benefit of. aiiy doubt.' Ho sympathised with the : plaintiff in.'the unfortunate position in ;-. which he had been placed. Plaintiff could : have -remained in possession of .the prcmises for. the reason that tho notice to ; quit wwats t irregular. Under the circuin T ... stances,■ judgment must he givcui for the defendant; -together with' costs amounting to £.% 2.J. ■' '-. JUDGMENT BY DEFAULT.- . ■ : .'Judgment for plaintiff by default was <• given-by Mr.-'..W. G. Riddell, S.M.',"ill .the follow:ing undefended-, cases :—S. -Smith " nnd-.'jSoite (Motor Accessories), Ltd.,' v, ■Vald' Hansen j- ,£2o'Bs. Bd.,"costS Jil 16s. j .'Smith: and-'Lister'v. R. Maunder, £!• 2s, j Dd.,"costs ,£1 Bs. Gd.; Early Brothers, Ltd. v. ,T. Alyward, £9 4s. Gd.,-costs Jsl lis fid.; C. ; B;'Phara>,y'n, C. C. Elgar.'and'M j ?!. Fitzgerald (trustees for Charles Phara ! zvn, deceased), v. "William and Gcorgf 3 Henry Bird, JG3O, costs .£3 95.; Lazanu I -Wolfe Balkind v. Eva Davie,- .£lO os. 6d. i -, costs <61!.1255 Gd.; 'same v.' Annife'Lowe i f £21 lis., costs <£2 145.; same v. Frederic! I .-Gilbert,Millnian, ,49, costs _il. Cs. Gd. i 'same y] William Holmes Wakelin, -CI 2?., costs JCllOs. Gd.; same v. Charlei Daniel Hargreavps, .£3 25., costs . 10s. j Smith and Smith, Ltd., v. Llrtwcllyi Hathaway, .£23 Is. 2d., costs ~£2 145.; Th Kodak (Australasia) Ltd. v. G. Danahy ',£4 ss. 5d., costs 10s.; same v. .Hi Co.vle i ■£! 13s. 3d., costs XI 3s Gd.; The PuWi j Trustee (as' executors of the will of AVil | liam Damns) v. Henry Malir, .£25 &s costs dC2 lis. f - -• | . JUDGMENT SUMMONSES. In judgment summons oases, H. Stag I pooli was'ordered to pay Frederick Wi! i liam John Oakley the sum of '-819 10s. b< fore -Febrnary 25, in default to go to gai ■for fourteen days; W. J. Mayer, to pa F. D. Kestoven -Cl 5 14s. by instalments i , ,(il per month, and D. Gorman is to pa I Elizabeth Ilewison JJIS 10s. by Fobruar i 25, or be detained in prison for foiirtee days. , , . BY-LAW CASES. A fine of. 103.,'-toother, with costs 9s j was imposed on .Georgo Murdock, wh lel't a motor-car unattended for more Ilia an hour in Grass Streot. ! Lloivellyn Staiisficld was convicted an ) discharged for riding his motor-oycle c ■ I lie wrong sido of the plantation at tl r , Cnurtenny Pluce tram terminus, j ' William John Williamson, who drove, i inolor-car on tho wroiig sido of tho roai S i v.as lined 55., with costs 7s. . j | . For allowing stock to wander, J oil I j Snellgrave was fined as., .with costs 7s.^