MAGISTRATE'S COURT

Dominion, Volume 12, Issue 175, 19 April 1919, Page 3

MAGISTRATE'S COURT

POLICE CASES Mr. F. V. Frazer, S.M., presided over Thursday's bitting of the .Magistrate's Court. A girl named Grace Henderson, aged seventeen years, appeared on a charge of being an idle and disorderly person with ir.sullicient lawful means ot support. 'I ho police statement of the case showed that the girl hail left her home at Petone on March 28, and had since been seen about the. town. His Worship decided to adjourn the oflso sine die, to be brought uy within two years, 011 condition that the girl remained at homo and under the supervision of the Salvation Army authorities.

Kit-hard Dunn, aged 71 years, admitted a charge of being an incorrigible rogue with insufficient means of support. Acting-Sub-Inspector Emerson stated that the case was a hard one to deal with. Tho defendant had a long record, was an old man, and had refused to remain at the Ohiro Home, in sentencing him to eight months' imprisonment, His Worship said that it was to be regretted that there was no half-way house for such cases, and the only way he could Ret over the difficulty would be to send accused to prison for the winter months. A line of ,£5 and costs was imposed on Aleaxnder Bradford, who was charged with committing an offence on Kelburn Park. The court was cleared during the hearing of the evidence. His Worship nas satisfied that the offence committed was not of the serious kind—tho defendant was drunk at the lime, and it did not appear that he had wiltully committed the offence. Acting-Sub-Inspec-tor Emerson remarked that there was nothing known about the accused, but such cases were not uncommon on Kelburn Park. If it had not been for the. action of the custodian of the park the present case would not have been brought to notice. Mis Worship agreed that the custodian should be complimented i'or his action.

,T. G. M'Kendrick was remanded till April 23 on a charge of having obtained M by means of false pretences from W. J. Hihlreth.

A woman was charged with boarding the ship Titania without the permission 01 uio military authorities or tho owners or muster of the vessel the (Police stated that lately some women had made a practice of frequenting the waterfront, and at times boarding the various vessels. Constable Cleverley l.uardcd the Titania, and discovered accused hiding in a clothes chest in a cabin of the ship. Tho accuscd stated that she was married, and resided at Petone. She had been asked to meet two lady friends, one of whom was engaged to tho boatswain 011 the vessel, preparatory to going to u euchre party and dunce later m tho evening. She was waiting for her friends when the. alarm "Police!" was given, and she was directed to hide in tho basket. The Magistrate said that apparently defendant had not token any liquor, but an offoncc had been committed, and defendant would be convicted and ordered to conic up for sentence when called upon. She had boarded the vessel to keep an appointment, and her offence was not a very serious one.

Two first-offending inebriates were convicted and fined ss. each.

CIVIL BUSINESS A UNION'S CLAIM. The Wellington Electrical Workers' Industrial Union proceeded against P. 1!. Walker, motorman, of Wellington, to recover a sum oi .£2 18s., made up as follows:—Entrance fee to union, as.; twentytwo weeks' subscription at Gd. per week, lis.: and cost of military appeal by the union. J!2 ss. In support of the claim, the secretary of the union i,Mr. E. C. Robinson) stated that Walker joined tho union in order that ho could have tho benefit of the support of; tho union when 110 had to appear before the Military Service Board. ' The union's representative duly appeared on behalf of Walker. For the deieuco it was submitted that defendant was not a member of tho union, and therefore not obliged to pay any moneys to tho union; further, that the charge of .£2 2s. was not legal—it was a solicitor's charge, and not a layman's chargo, and the secretary of the union was not entitled to make such a charge.

After hearing the evidence, His Worship'nonsuited the plaintiff on the claim for membership fees, on the ground that there was no proof that the defendant was a member of tlw union. As regarded the fee of £1 2s„ the Magistrate held that the union was entitled to make some chnrge to cover expenses, and such fee was not necessarily a professional charge. He was satisfied that Walker was not a member of the union, but he thought it fair that defendant should pay J!1 Is. to the union for its loss of time in preparing the case to be presented to the M ilitary Service Board. Judgment would be for plaintiff union for ,51 Is. Iff. E. lv. Kirkcaldio appeared for the union and Mr. P. W. Jackson represented defendant.

JUDGMENT BY DEFAULT. Judgment for plaintiff by default was Riven by Mr. i\ V. Frazer, S.M., in the following undefended cases:—-E. Keynolds and C0.,-Ltd., v. J. B. Reid, .£32 18s. fid., costs £1 135.; Bristol Piano Co., Ltd., v. Agnes Gault Willoughby (separate estate). 14 15s. 3d., costs X 2 os. Gd.; Dm ton Honey weight Scale Co., Ltd., v. Mrs. C.. Carnmrtin (separate estate), JJI, costs 12s. j Wellington Electrical Workers' Industrial Union v. A. W. Baker, ,f:l 13s. lid., costs 75.; Brown and Teats v. Mrs. Caroline Wallace, £1 ss. Gd., costs 10s.; amo v. 11. It. Peard, =£10 14s. 6d.. costs ,£1 10s. Gd.; Commercial Agency, Ltd., and Mucky, Logan, Caldwell, Ltd., v. JI. Palmer, ,£32 10s., costs a:,3 35.; Bristol Piano Co., Ltd., v. George Henry Lnwry, ,£-2 19s. 7d., costs 145.; James Henry Bray v. William HenryWalton, ,£47 10s., costs oC3 Gs. Gd.

JUDGMENT SUMMONS CASES. Sergeant-Major P. Neilson was ordered to pay Messrs. Wallace and Gibson .£l4 10s. 3d. by April 30, or to go to gaol for fourteen days. A. Sutherland was ordered to pay E. lievnolds and Co., Ltd., the sum of .£S 10s. by May 1 or undergo fourteen days' imprisonment. David A. Eberiet was ordered to pay Edith Florence Taylor the sum of «£ls 17s. yd., or undergo sixteen days' imprisonment. warrant to be suspended so long as as. per week is paid in reduction.

CLAIM EOU POSSESSION. Frederick Kobler anil Wise Ivobler proceeded against Cleveland C. Itoss and Mrs. R. A. Hoss for the possession of a tenement at Island Bay, and in addition .4110 damages for a breach of agreement. After hearing the evidence the Magistrate save .judgment for plaintiff for possession of the house, with costs £2 3s. As to the claim for .£lO damages, His Worship held that there ivns no agreement in existence, therefore plaintill' could not succeed on that eoimt. Mi-. K. iM. Beechey appeared for the plaintiff and Mr. J. Scott far the defendant.