MAGISTRATE'S COURT

Dominion, Volume 12, Issue 192, 9 May 1919, Page 11

MAGISTRATE'S COURT

ALLEGED THEFT OF MOTOR- / • CAR ACCUSED COMMITTED FOR TRIAL Before Mr. I'. V. Frazer, S.M., at tlio Magistrate'ij Court yesterday, Edward Kossitor Euddick appeared ou remand to answer a, charge of having stolon a motor-car valued at ,£2OO, tlio property of Ernest Smith Baldwin. Chief-Detective Botldam prosecuted. F.rnest Smith Baldwin, patent agent, stated that on March-11 he left his flveseater Ford car in tlio stand in Hunter Street, and on returning for it at about 0 p.m. he found that it.had disappeared. He reported tlio matter to the police station. Ho next saw his car on April JO in tlio possession of Mr. Hol).y, dentist. - . The liood of the car had been painted end ' the registration number replaced. The poliee 'then took possession of the our. ' Witness was positive that it was hie car, which he valued at £200. James Augustine Ryan, storekeeper, stud that he purchased the car from the accused for JilOO. Accused stated that a friend of his named Bysouth had asked him to dispose of it. "Witness gavo a cheque for .£IOO, payable to, Frank Bysouth and crossed. Later he received a telephone communication from, accused, who said that if ho sent the cheque up country Bysouth could not .cash it.' Witness then arranged to pay tho accused cash, which he subsequently (lid. Tho deal was effected on April 3 Inst. Witness eventually sold the car to Mr. Percy Withers for .£155, and of the profit he made, lie gave ,£2O to the accused. On being informed that the car had been stolen, witness refunded the .£155 to Withers. Witness was now out of pocket. • Percy Withers, 'taxi proprietor, said that he purchased the car from the previous, witness for ,£155 and subsequently sold it to Mr. Hoby for ,£IBO. When he found that the car had been 6tolen ho refunded the .£IBO to Mr. Hoby. Tho previous witness had refunded witness the .5155.

Arthur Hubert Hoby, dentnst, said that he purchased the car on April S from Mr.. Withers [for which sum he had since been refunded by Mr; Withers.. .1 L'eteative-Hergeant -Andrews said that ho took possession of the oar on April ■16. and.arrested the accused on May 1. Accused stated that he had got the car from α-nian named Bysouth, whom he ■had met in the bar of the Hotel Cecil about a year ago. Witness had failed to find anyone by tho name of Bysouth in the directory. When arrested the accused gave his name as Grahnin. Tho accused pleaded not guilty and was committed to tho Supreme Court for trial. .

, THREE YTCABS' REFORMATIVE -TREATMENT. A youth named Magnus Cornick Bain appeared on remand to answer a charge of theft of jewellery and clothing , valued at .£l4, ■ tho' property of Dudley Stuart Tate, of Lower Hntt. The accused pleaded guilty. . Acting-Sub-lnspectc-r Emerson stated that the accused, together with another youth named Howard, had escaped from the Weraroa training farm, and visited the.home of Mr.,Tate at Belmoiit to nsk for food. No ono was, at home, so the accused wont inside and removed a vest and coat, which he thought vould suit Howard. However, when they got outsido they found that the clothing \ras too big, and on going through the pockets they found a gold, watch-chain, a silver match-box, .und a. medal. They then wrapped the goods lip together and hid them in a hedge near 'by. Tho boys were Biil>sequently arrested and returned t6 Wera'roa, and when tho police received notico of- tho burglary they suspected the boys. Upon being questioned. Bain admitted the offence. The Stolen property hail since 'peen , reeovered.i. ' His Worship decided that a course of reformative treatment would bo the best thing for Bain, who had apparently commenced' a bad career. 'Ho would be Sentenced to three years' reformative treatment in the State institution at Invercargill.

DISOBEYING LAWFUL COMMANDS.

On a charge of disobeying lawful- commands of the captain of the ship Terpsichore, Arvi Arthur Knriiu, a seaman of the. vessel,' was convicted and sentenced to two days' imprisonment, and was also ordered to forfeit two days' pay. It appeared ..that -the accused had signed en tho .vessel at.New York, and a condition (it. the articles permitted, him to'sign off the ship at the. port of destination. However, lie, was a prohibited'immigrant, find the authorities would not permit him to land. His Worship warned the accused that he could not land here, and he would have to return on the ship.

OTHER POLICE CASES. An escapee' from the Wemroii Training Lariu, named Ivan Ming, was charged with breaking and entering tho dwcllin-" house, of Mr. John Frew, in Tinukori Jvon<l..-iui(l stealing therefrom articles of jewellery and clothing of a total value of £W; also with breaking and entering a. whare at Parnparumu and stealing clothing: valued at 205., the property of i'hoiuas Easton;-and with stealing a motor at Paekakariki, valued at £10, .the property of Francis Hichard Hotten. ■ On the application of ChiefDetective Boddauv the accused was remanded for one week. ;

James Hngan was fined £1 for -drunkenness, and was also made tho subject oi a prohibition order. One. first offender i'or a like offence was fined ids.'

CIVIL BUSINESS

CLAIM AGAINST KIALTO COMPANY.

AVilham, Frederick Moran proceeded against the- li-ialto Co., Ltd., to recover Mi, wages alleged to be due. The defendant whs employed at the company's factory in the daytime at a wage of £3 Us. per week, and ho was also employed « the Eialto.at night time as u waiter at a .wage of £2. per week. At his own request plaintiff.left the night employment but tho company took up the attitude that plaintiff had, also left tho factory position by giving notice to emit the portion «s waiter. The company considered that the two positions wore in reality only one, and that by leaving the night employment the plaintiff K-ft also the day employment. On the other hand, ■plaintiff hold that he was n general hand, find that tho two positions wore separate. The company counter-claimed for n Bs. ih lieu of notice, on the ground that plaintiff did not give nctice that he intended to give up the position. Tho Magistrate nonsuited the company on tho-counter-claim, and gave judgment for the plaintiff on the claim. Mr. C, B. O'JDonuell appeared for the s>laintilF, and' Mr. P. W. Jackson for the defendant company.

JUDGMENT BY' DEFAULT. ' Judgment:. for plaintiff by default win givjsn by AEr. J , . V. Prazor, S.M., in the I'ollowiiig- uiidofojidctl cases •.—Commercial Agency, Ltd., and Bing, Harris end Co., Ltd., v. AV. J. Slovens, £ii 15s. Id., costs £i lit.; Ihrcourt and Co. v. Gabriel Elliott, ,l.T< Us. Ltd., costs X' 3 55.; Magnus, Saiiili'ism and Co., Ltd., v. J Olliver, £26' lCs. !>;l., cost;. £3 25.; E. AY, Mills find Co., J.ld., v. George Keiningtoii," «S8 Oβ. Till., crisis £\ !)s. 6c1.; Harry K. Morris v. John Reginald AVelsby, £!> 7s. ind.. costs £1 9s. (id.; Public Trustee «s executor of tho will of Knicst Gallngher v. Alfred Cndiiuin, £S» JGs. id., costs ■fiiij Colgrovo Ten Co. v. AV. Wnre, £!\ 14s. M., costs • 10.-.-.; same v. G. U, AVilkinson, ,E3 Us. Bd., costs 135.; same, v. snmc v. 'Mw. Charles Oliver, 155., costs LQs.; .Mayer and Kean y. AV. J3erry, 19s. 3d., costs 55.; aune v. House, Bldck and Son. £1 IDs. 6d., costs ss. CLAIJrS TOR POSSESSION 01? TENEMENTS. Claims for possession of tenements irero granted us follow:—George Bust v. N; Tozer, =E25 125,, costs £2 Us., and possession of a tenement; AVilliam Parquhar Ejjgers v. Millicent 'I'oms, £i 155., cost? £1 Us., and possession of o tenement; Thomas Owon Haycock v. Alexander Lister, ,£ls, costs £2 65., and possession of a tenement.

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