MAGISTRATE'S COURT

Dominion, Volume 12, Issue 204, 23 May 1919, Page 5

MAGISTRATE'S COURT

SAILOR IN TROUBLE A DANGER TO THE CREW A Russian Finn named Eimil Karein appeared before Mr. 1 ,, . V. Frazer, S.M., at the Magistrate's Court yesterday to answer charges of being 'absent without leave from his ship, the Terpsichore, and witJi being an alien who landed in Wellington without the permission of the Collector of Cuetoins. The facts of the' case as related by the police were that defendant joined tho ship in New York and arrived here on April 30. On May 20 a member of tho crew saw accused come cut of the fore- s castle of the ship and approach the galley. On leaving the galley the accused was seen to Iμ in possession of the cook's tomahawk, and lie begu.ll making inquiries tor the captain of the ship and tlie mate. When ho was told they were not aboard the accused said, "Mβ kill the skippei and tho mate." The ao cused was considered a dangerous man, and tho crew were afraid of him. On Wednesday, Detective-tiergeaiit Cox aud Constable Anderson arrested the accused and charged him with . being absent without leave on Hay 19 and 20. Air. Evans, who appeared, for the slipping company, stated that* the captain : did not want the man back again. It ho were placed aboard the rest of the crew would refuse to sail'on the vessel. He was considered a dangerous mau. ana ho. might cause some injury to the officers arid creiv. His Worship remarked that the man could-not be "dumped" in Wellington. The shipping company would have -to' ship him away, but it was evident that ho could not sail on the Terpsichore. On the charge of being absent without leave accused would bo convicted mid ordered to pay costs amounting to £3 Bs,, and on tho second count he would be fifntenoed to a nominal term of imprison.ment of tlvree mouths, on condition that the shipping company arranged for the man to be shipped away from New Zealand by the first convenient steamer. INSOBEIETY. For a breach of his prohibition order Donald M'Donald was fined £i, in default 21 days' imprisonment. Fourteen days wore allowed in which to pay the hue. For a like offence Robert Pitts was convicted' and discharged. Emma Crawford was fined .£1 for drunkenness and was made tho subject of a prohibition order. Two first offenders similarly' charged were fined ss. each. SAILOR'S DOWNFALL.. After receiving his discharge from the barque Daniel at Whangarei, a sailoinTmed William ,Clark journey to Huntly, where he stayed at the.boardinghouso of Mrs. Bunbeery. Whilst there ha removed some clothing valued at 305., tiio property of John Liddell, and also stole a rug and a towel valued at 305., the property of Mrs. Bunbeery. Clark then boarded the Main Trunk express, and was arrested on the in-rival of the train at Wellington. Chief-Detective Boddain, who explained the foregoing facts, stated tha: tho accused bore a good character, all his discharge certificates bearing the letters "V.G." The articles stolen were practically valueless. In view of accused's good character and tho paltry Mature of the theft, His Worship entered a< conviction and ordered accused to come up for sentence when called upon within three months, BREACH OF AVAR REGULATIONS. Hector Gilchrist admitted a breach of the war regulations by boarding the steamer Port Sydney without first obtaining the permission of the authorities. Acting-Sub-Jnspector Emerson stated that the.defendant liad been paid off the ship, but returned, and when ordered off lie refused to go. Ho was eomewhat under tfie influence of liquor. . . ' ,• In fining accused 10a., His Worship remarked. that for somu reason or other offences under the war regulations wero becoming more frequent, aud they would have to be stopped. othe'r'.police cases. On a chargo of stealing two blankets valued at £2, the property of the New Zealand Government, Maurice Cornfield, a member of the crew of the steamer Kaikoura, was convicted and discharged. It appears that the vessel Recently arrived with troops, and many of the soldiers told the crew that they could have their blankets. However, on Tuesday the accused was seen leaving thdship with two blankets under his arm, arid when accosted by it Customs official ho broke awnj. Uh Wednesday, just beforo the Kaikoura left for London, the accused got over the side of the ship and deserted. ' In \iiv of the circumstances of. the theft, His Worship did not consider it a case for the infliction of any penalty. The charge against John William Rickman of being an idle and disorderly person with insufficient means of support was adjourned sine die on condition that the defendant went to the Ohiro Home and complied with the rules of the institution.

Albert Edward Webley was remanded till May 29 on a. charge of trespassing on the property of his wife, Annie AVebley, during the currency of a separation order between himself and his wife.

CIVIL CASES TAXI-DRIVER SUED FOR DAMAGES. A claim for ,£IOO general damages arid for 4J31) 3s. 10d. special damages, arising out of an accident in Willis Street on the afternoon of. December 16, 1918, was heard by Mr: V. V. I'razer, S.M. The parties in the action were Isaac Barrow, permanent way repairer, employed by the Wellington Corporation Tramways, plaintiff, and Eric Albert Algar,- taxi-driver, Kilbirnio, defendant. The statement of claim set out'that plaintiff wee engaged in repair work in Willis Street on the dato in question, when tho defendant came clown Willis Street in his motor-car, and when oppoeit3 the Windsor Hotel ho collided with, plaintiff, causing him a fractured collarbone and severe contusions on his left, shorlder, legs, forearms, and hip. The plaintiff alleged negiigenco and unskiliul-jici-s on the part of the defendant in driving his motor-car. Medical evidence was called to describe the nature of the injuries, and the plaintiff gave evidence on the lines set out in the claim. Ho said that the dangot* eignal wae up whilst he was at work, and he was nbout to resume his work after allowing a ■tram to pass when defendant ran into him. The special damages ho claimed were made- up from ,£l3 13s. medical expenses and £ld 10s. 10d., loss of five weeks' wages. After heaving part of the evidence of the plaintiff the hearing was adjourned till June G. . Mr. .F. O'Shea appeared for the plmnlii! and Mr. F. M. Luc.kio for the defendant. CLAIM FOR POSSESSION. MrE. C. M. Taylor proceeded against T. J. M'lnerney to recover tho possession of certain premises known as No. 99 Webb Street, at present occupied by Hie defendant. In tho statemont of claim plaintiff set forth that tho tenancy had expired on April '23, but tho defendant submitted that, it was a monthly tenancy and tliat a ths'plnintifl,liad failed to render tho prop'er notico in order to terminate tho tenancy. When defendant originally entered into possession plaintiff desired to make a. year's agreement, but defendant wanted a two years' lease, However, no agreement was signed, and the defendant entered into a monthly- tenancy. Plaintiff, w'io said she desired the premises for her own use, also claimed accrued rent and niesne profits amounting to ,£l6 Us. 3d., and nlso a sum of M 10s. for tlio removal of rubbish. His Worship said that tho tenancy was a. looso arrangement, but lie considered that the.defendant, apart altogether from his decision; had had a good long tenancy. He thought it was a case wherein an order for possession should bo made, but he did not wish to be too hard on the defendant. His Worship made an order for possession in a month, and gave judgment for plaintiff for the rent claimed. ifr. E. .Jf. Reechcy appeared for the plaintiff and Mr. T. W. Hislop for the defendant. DISPUTE BETWEEN WORKMEN. Injuries sustained through an alleged unprovoked assault was the basis of a claim for damages which William John Spence, carpenter, preferred against Edward Huges, foreman. Plaintiff was engaged in some work at Cable and Co.'s

works at Kaiwarra, and he alleged that tho defendant assaulted him, causing an injurv to his face which necessitated medical attention. Plaiutiff claimed a sum of .ClB lGs. Cd., mado up from loss of pay, medical expenses, aJid, general damages. The defendant denied the assault, and said that plaintiff sustained the injuries through fnlling against a truck when he was getting out of tlie way during the course of a disagreement with tho defendant. His Worship considered that tho assault was of a trivial nature, and that defendant had provocation. Judgment would be for pUintilt for 2s. Cd. damages, with costs 11s.) Mr. E. P. Bunny appeared for the nlaintill and Mr. A. W. Blair for the defendant.

JUDGMENT BY DEFAULT. Judgment for plaintiff by default was given by Mr. F. V. Frazer, S.M., in the following undefended cases: Veitoh and Allan v. A. T. M'Donald, £11 12s. 5d., costs £1 13s. Cd.; J. E. Fitzgerald v. Robert Strang, .£5 19s. 2d., costs £1 10s. Gd.; same v. Wi Nicholls, Jβ!, costs 10s.