MAGISTRATE'S COURT

Dominion, Volume 12, Issue 143, 12 March 1919, Page 4

MAGISTRATE'S COURT

HOTEL THIEF SENT TO PRISON FOR TWO MONTHS ; A sentence of two months'imprisonment was imposed on a Finnish subject named Waino J lmari Rautio' by Mr. E. . ll.' Page, S.M., at the Magistrate's Court yesterday on charges of theft and of wiliully damaging a suit-case. The- police evidence was to'the effect that Clio accused was found in tho.rooni of J. Norman AVilson, n boarder at tho Cnrlton Hotel. On entering his. room AVilson saw accused sitting on Ijhe bed with ii suit-case on. his knees, in tho act of going through the contents. Tho accused had broken open the end of tho suit-case and extracted a. suit of pyjamas, which he had put.on, also a-pair of socks and four handkerchiefs. The suit-case was valued at £'l .. ''■,•. The ivccufod strenuously dcniecl having committed any theft. Ho claimed that- a friend had introduced him to the property and said he could have it. Jlo protested that he was a very honest in- | dividual, and would not think of com- | niitting any theft. ' . . His Worship. remarked that he could not believe accused's story, and that "ho would have to go to gaol for two months. OTHER POLICE CASES... Frederick Fortescuo admitted being on tho premises of the City -Hotel after hours and with answering questions relative to hie position under tho Military Service Act in a misleading manner. On the first count ho was convicted and fined .£2, and •on tho second charge ho was fined .SI. ' Ho was further charged with failing to comply with a maintenahco order, and" on'this.count ho was remanded to appear at Daiinevirke. ■ On charges of, neglecting to provide maintenance for his.wife at Christchurch and of. stealing, at Lyttelton, a canvas bag and a suit-case and .contents of a total value of .£lO, Arthur James Johnstone as remanded to appear at Christchurch on Thursday. .."..-.: Two first offenders were fined 10s. each for drunkenness, anda third was fined ss. civilSness ■ MOTOR-CARS COLLIDE. Reserved judgment was delivered by Mr. W. U. Riddell, S.M., yesterday in the case in which John Albert Henry Sehwoss .proceeded against John R. Stansell to recover a sum of .£143 17s. for damages and depreciation, caused,' as plaintiff alleged, by a. servant of defendant negligently driving a motor-car on the Ilorokiwi Valley Road on September 30 last. Tho defendant counter-claimed for £r>9 55., alleging that the collision'was due to negligence on tho part of the plaintiff. ' His Worship said that on tho day of the accident the. ears had approached each other in a narrow part of the road, where it was impassible for two .cars to pass. Plaintiff had stated in evidence that ho had stopped and drew into the side of the rood, but His Worship-was not satisfied that, he did this at once. Neither car wne travelling at an-exces-. eive rato of speed.. Defendant's • driver said that ho was driving at about.ten miles an hour until • Within two car lengths of-tho plaintiff, who was .coming towards him at about tho samo rato! of speed, wlion ho reduced speed and was almost at a standstill when Ills car was struck. There was 6omo evidence to ehow that tho brakes-on-the defendant's: cai" wore not as effective as they should have been, and that possibly was tho reason why defendant's driver did not pull up earlier. If, however, both drivers had acted promptly and with reasonable: care there would have not been any collision. Each party would be nonsnited without costs. ? Mr. A.--W. Blair appeared ■ -for the plaintiff and' Mr. T.' W.llislop for tho defendant. CARRIAGE PROPRIETOR'S CLAIMS. A double, claim was mado by .A. T. M'Williams, carriage proprietor, < before Mr. W. G. Riddell,. S.M., against -B. Morris" and' Son,-funeral..furnishers,'. for the recovery of moneys Alleged to bo duo for cab and hearse hire and.attendance and cleaning .of hearses. .The- first claim was for tho sum of. .£195 155.,. the amount alleged to be due for hearse- and cab hire and attendance during the epidemic in November last! Of this amount, however, ,£lO5 7s. Cd. had been paid.into Court by the ' defendants', leaving a balance of JE3O 7s. Cd.. iii dispute. Plaintiff held flint a verbal agreement, had been made that 15a. should be paid by defendant to plaintiff for cab hiro on week days, .-CI for cab hire on Sundays,' and'. .CI for hearse hire on' any day..: On this claim the defendants held that.-the agreement had not fixed the rates of hire, so higW, and the balance in dispute was thus, accounted for. The second .claim was for .£lO3 53. for'housing, cleaning, .and; nttendance of three hearses at plaintiff's promises,' at £1 per week for 115 w?eks, less certain deductions. . . . ■ Mr. H. F. O'Leary appeared for tho plaintiff and Mr. M. Myers.appeared for the defendants. . _ l " ...!.'., After hearing considerable evidence His Worship nonsuited-plaintiff on the claim for storage, and reserved decision .on the claim for the hire of the vehicles. A DRIVER'S CLAIM. '■ .' 'Before-Mr; W. G. Riddell,.R.M., Josopli Stott, driver,:, of Wellington, proceeded asainst Neilson and Co',, carriers,- of Harris Street, Wellington, .to-recover...a sum of M 9s. 7d., being wages alleged, to Iw due in lieu of'a week's notice of dismissal. On January 11 Stott..arrived.et the stablps of his employer, the-defend-ant, at 2.20 p.m., and an argument ensued as to tho.lateness ,'of arrival, with the result that Stott was difiihissed. Plaiiiliff said in evidence that he had not' been given proper notice, and that he understood that he was to leave at once, He therefore claimed a day's wages at ; (Is. 7d.. and, a' week's wages in licit of notice at the rate of £4. Defendant stated that ho told Stott that lift would li'a've to finish up, but lip said that he! would, hav. \o worlc out the week,. either 'as a driver or as a navvy. ". .

In irivimr judgment for ftlointilT for.Ds. 7d., His Worship siiwl-tliiit.it was simply a case between employer and -einnßivee, and'ho w unable to-comprehend' the exact position,' as the evidence was contradictory. Plaintiff was entitled to oho day's waires and costs. Mr. .T. A. Scott appeared for Hie plaintiff and Mr. H. F. O'Lenry- for the de-, fondant. , "■• . '. t i JUDGMENT BY , DEFAULT. Judgment fornlaiutilf .by-default was given by Mr. W. G. Riddell, S.M.. in tho following undefended cases': ICirkcaldie and Stains, Ltd.. v. Herman Lang, .£l9 Ws. Id., costs .£2 Os. (id.; C V F. Pattio v Albert Gen.rgc Warwick, 55., costs it 10?. Gd.: Horb. Price v. W. Wond, 75., costs 5.4.; Gollin and Co., Ltd., y. N. Col-, lott .£l7 153., costs .El 133. Gd.: Dunlop Rubber Co. v. E. C. Young, .£2O ISls., costs JJ2 , 15=5.: Lucille- Indian Art Depot v. jfr« M'yra Campbell. 125., , costs only: Early Bros.. Ltd.. v. W. R, Simpson. ,£3O 175.'4i1., cosh ,£2 Uβ:; ..Charles M'Pheo and Co. v. It. Trvine, ■£" 15s. Gd.. costs. £1 3s Gd ; Chivere and Co. v, AV. A.' Berry' £7 2s. 3d., costs .£1 3s. Gd.; 11. K. ItaberHiaw v. C. C. Colterill, £2 12s. 9d., costs 10s.

JUDGMENT SUMMONS. V, Bushett was ordered to pay C. AYadley and Co. the sum of .£7 Ss. by March 25, or go to gaol for three days. BY-LAW CASES. For nermittinp; ■ n building originally eroded as a workshop, to be used as a dvellinjr. contrary to tho city By-laws. Ernest Mark Minifies was fined JC3 and On'charges of allowing stock to wander on public thoroughfares Reginald Welsby was fined £\, V. Shajwon and William Rico were fined 10s. each, and Robert Adams was lined ss. Ench defendant was also ordered to pay costs. 7s. Colin Webster, who drove a mntor-lorry at nu excessive speed past a stationary tramcar, was fined 10s. and costs. os.