MAGISTRATE'S COURT

Dominion, Volume 12, Issue 167, 9 April 1919, Page 5

MAGISTRATE'S COURT

SMALL BOYS KILL A COW t

SHOTTING AFFAIR AT KARORI

Before Mr. F. V. Frazer at tho Juvenilo Court yesterday seven boys whoso ages ranged from 15 to 17 years wcro charged with having wilfully destroyed a cow and injuring another, tlio property of Oswald Dislcy, of Karori. '. •\cting-Sub-lnspector Emerson said that on March ? tho boys,went to Karori to 'take, part in target practice, some heme equipped with service rifles and ammunition and others had revolvers, the property of a friend. The target practice did not eventuate, so the lads amused themselves shooting at improvised targets, and shots were also fired into tho air. A mob of cows were driven along the road near the spot where the boys were firing, and though . they saw tho animals tho boys continued firing. Some of them admitted that rliey might have struck the tows, but they 'said that no shots were deliberately fired at tho animals. However, one cow was so badly injured that it had to bo destroyed, and another vas shot in the head and the body, but was recovering. The damage done was estimated at ,£24. AVhcn the matter was placed in the hands of the police tho boys all went to Karori and expressed sorrow to the owner for their action, and offered to make good the damage done. .Tliev had already paid .£l3. The Magistrate said that the boys had alteadv been saddled with a pretty heavy monetary penalty, and ho would adjourn the case sine die, on the understanding that if the damage was made good r.othing further would be heard of tho matter. , '„ Mr. 11. F. O'Leary appeared for tour of the boys. OTHER POLICE CASES.

. The charge against George Peters of having been found by night on the premises of James Godber, 171 Cuba Street, without lawful excuse, was dismissed. Peters, .who was represented by Mr.H. F. O'Leary, stated that he had been visiting a friend who resided at the back of a shop next to Godbor's, on the other side of the right-of-way, and it was when he was leaving late at night ho was accosted by the police. The polico saw Peters leaving the right-of-way, and it was then assumed that he 1 was leaving Godber's. His Worship was satisfied with tho evidence called by the defendant, and dismissed the information. On a charge of using obscene language, Kate Ellen O'Reily was fined £3, and on a charge of-insobriety she was convicted and discharged. . Three..first offenders for drunkenness were fined 10s. each, and two others were lined ss.' each,

BY-LAW CASES. Frank William Carey, who drovo a motor-car on Lambton Quay at a greater speed than 15 miles an hour, was fined £?,. and ordered to pay costs, 21s. On M'nrch 22 defendant was driving along the Quay towards the Hotel Cecil at what was, according to a police constable, an excessive speed, when ho struck n Mr?: M'Pherson, knocking her down and shaking her badly. The Magistrate remarked on the fact that motorists did not pay sufficient attention to the by-law restricting speed on Lambton Quay. The fine was imposed as a warning to other motorists. Edward Jones, of riimmerton, who vns represented by-Mr. H/IVO'Leary, pleaded guilty .to a .charge of having erected a building of a frontage of less than 33ft. without having obtained permission from the Hutt. County Counicl: Defendant endeavoured to get a permit, but was unsuccessful, and as he was'under the impression that a permit was unnecessary for the particular building he proceeded, to erect it. Defendant was convicted and ordered to pay the-cost of a permit, £2 25., and costs XI Bs. A fine of M was imposed on Mary Fecley, who permitted a number of cows to wander along a public highway. George M'lntyre M'Farlano was convicted and discharged oh a charge, ot having driven a'motor-bus at night without lights. The circumstances of the caso were that tho lights had exhausted the supply of carbide. Harry Lanccley, who left a handcart iii a public thoroughfaro for a longer time tlian -allowed■.by. tho-law/was fined ss. and costs' 75.. ...

Percy Johnston was convicted anil discharged'for allowing his horso to'wander. John Murray was similarly dealt witli. , For not having sufficient lights on his milk cart, Peter Cuniinings was convicted and ordered to pay costs, 7s. , ; Prosecutions brought by tho Miramni Borough Council agajnst residents of tho borough for allowing .stock to wander were dealt with as follow: John Telford, fined £3 and costs; Charles Free, ordered to nay costs, 93.; and Herbert Bridger, fined 'os. and- costs.

CIVIL CASES

THE SALE OF A JIOTOR-CAB,

Alexander M. Proctor proceeded against Herbert Arthur Hatfield for tho recovery of ,£25 in connection with an agreement entered into, by tho defendant with tho plaintiff to purchase .plaintiff's car; Ear,ly in January;' 1918,- Hatfield entered into a hire' purchase arrangement with Proctor for the acquisition, oi a motor-car for taxi purposes. The arrangement was that Hatfield 1 should pay £o a.week. That .amount was not paid, and at the end of live weeks no rent had been paid ana Hatfield ■ repudiated the agreement. Plaintiff therefore claimed ,£25, aud Hatfield counter-claimed for .£39 13s. lOd. en ttw grounds that the representations made by plaintiff as to its earning capacity' were, not borne out by experience, that it consumed more petrol than he had been led to believe, and that it. was in a generally defective condition. As a result the car showed a deficiency of Mi Us. 10(1. during the fivo weeks. Mr.' T. i\eave appeared for plaintiff Proctor and Mr. H. F. O'Loary for the' defendant Hatfield.

After hearing lengthy evidenco His "Worship give judgment for plaintiff Proctor on both claim.and counter-claim.

JUDGMENT BY DEFAULT. Judgment for plaintiff by default was given by MivF.-.V.' Frazer, S.M., in the following undefended cases: Nonpariei feMotor Co. v. James Aldred, .£1 135., costs ,155.; J. W. Johnson y. J. (Castings, £l 18s. 7d., costs 75,; Public Trustee (as executor of tho will of Eose Palmer, deceased) v. -Thomas t Easton, alias Joe Latour, ,£3, costs 125.; J. J. Niven and Co. v. W. B. Johnson, jEll Bs. 3d., costs £\\ 10s. u'd.; Collinson and Cunninghamo, Ltd., v. 'George Burnette, £1, costs v 55.; Florence L. Howarth v. John Wilcox,.ill lfis., costs 10s.; H. H. Tombs, Ltd., v. S. D. Lamb, JBI 55., costs 10s.; W. A. Gemmell v. M.-B«id, £2 Cs., costs 10s.; same v. M. Smith, ,£2 lis. 9d., costs 10s.; Stewart Dawson and Co.; Ltd., v. Mrs. V. S. Harding, M, costs. 155.; Lazarus AVolfo Balkind v. Nina te Puni, £22 25., costs £2 lie.; same v. Mary Kachael Diamont, '£22, costs =£2 Ids. JUDGMENT SUMMONS. In a. judgment summons case L. Jenkins was ordered to pay Joyous and Co. £2 15s. by April 15, m default three days' imprisonment. POSSESSION OF.A TENEMENT. In a- claim for possession of a tonement, together with a sum of ,£72 ss. 2d., Arthur G. Glover was ordered to give up possession to'Macky, Logan, and Calcfweli. Ltd., by April 15, and to pay £i 1 ss. 2d., willi .£5 3s. costs.