MAGISTRATE'S COURT

Dominion, Volume 12, Issue 240, 4 July 1919, Page 5

MAGISTRATE'S COURT

REFORMATIVE DETENTION

Mr. F. V. Frazer, S.M., presided over .yesterday's sitting of the Magistrate's Court.

William Hunt appeared for sentence on charges ot' theft of an overcoat, valued at 255., the property of the. Government, and of the theft of a bicycle, valued at c£B 10s., the property of Sing' , Wah Tie. The accused had pleaded Ruilty to the offences when charged, and va:i remanded for medical observation and report.

His Worship said that the medical report was to the effect that the accused yeas mentally sound, but suffered from rheumatism and general ill-health. He vas somewhat eccentric, but at the same time he was able to distinguish right from wrong. On the charge of theft of the overcoat accused would be convicted and discharged, and on the second count he would be convicted and sentenced to three years' reformative detention. YOUTH BREAKS PROBATIONARY CONDITIONS. A youth named Lionel David Carrnichael pleaded guilty to n charge of theft of it quantity of ladies' wearing apparel, valued at .£3 18s. fid., the property of Adams and Neilson. SeuiorSorxeanfc Willis stated that the accused was convicted of theft in November last year, and was admitted to probation. In April last he committed the offence the subject of the present charge. Tho accused was in the employ of the firm, and the goods had been left in a wagon over night, and in the morning they were missing. Carmichael subsequently admitted tho theft. Mr. T. P. Mills, probation officer, atated that the accused had not reported to him since March last, and had left Wellington for Raetihi without his permission. His Worship severely admonished the accused, and said that he had failed to keep his part of the bargain. In common with other Magistrates, he did not desire to send the accused to gaol, but if tie conditoins of probation were to bo broken he would have to inflict some form of punishment. The defendant would be convicted and sentenced to three years' reformative detention at Invercargill. "You still have a chanco to reform," concluded His Worship, "and I hope you will make amends." OTHER POLICE CASES. Per August Anderson was fined £2 on a charge of using obscene language, and on a charge of drunkenness was convicted and discharged. For committine a, nuisance in Egmont Street Harry Collins was convicted and discharged.

For drunkenness Mathew Boyd was fined 10s., and ono first offender was fined a similar amount..

DAUGHTEES SUB PARENTS. ' A claim for possession of jewellery and clothing was heard by Mr. F. V. Frazer, S.M., the parties being Leah Golder Ivin and Kosie Domb, plaintiffs, and Jacob and Sarali Domb, defendonts. The plaintiffs aye the daughters of tho defendants, and having left home demanded their clothing and jewellery, which was held by their parents. Mrs. Ivin's claim amounted to ,£2O 195., which inr.hided a loan of .£lO,. and tho amount of Kosie Domb's claim was ,£25 9s. The evidence in chief was taken at Waipukurau. The defenco was that tho plaintiff Kosie Domb was under the ago of twenty-ono years, and was therefore still under the guardianship of her parents, and that the articles claimed by tho married daughter were not in the possession of the defendants. His Worship gave judgment for Kosie Domb for, tho return of her articles, or as an alternative for ,£ls. Leah Ivin was nonsuited on her claim.-

Mr. 11. A. Barnett represented Mr. D. B Kent, of Waipukurau, for the plaintiffs. Mr. J. Scott- appeared for Mr. Domb. and Mr. H. F. O'Leary for Mrs, Domb. -..'■.. ,

DAMAGED MOTOR-CAE IAVMP.

Before Mr. F. V. Frazer, S.M., J. E. FitzKerald, motor iiapcrter, pruueeded against A. Livermore, enrritr, , to recover the sum of £1 55., being damage done to a lamp of a motor-car, owned by (lie plaintiff, through the action of tho defendant. The evidence showed that defendant's cart ,1-ackod into plaintiff's ear nt, Thorndon Station on November 21, 1017. A hansom' cab caused defendant's horse to shy, and it backed the cart on to plaintiff's motor-car. There was> a conflict of evidence as to whether the wheel ,of the cart was chained. His WoraKip held that the action of the driver of tiie hansom cab could not havo been foreseen by the defendant, and (hat in the absence of definite evidence of uenlißence on his part, he could not be held liable. Plaintiff would bo nonsuited. Mr. H. 1\ von ITaast appeared for tho plaintiff.

AN EMPLOYEE'S CLAIM. ( William Charles Mooney, of Daniel Street, proceeded against Isaac Sykes, trading ns the British Meat Company, to recover tho sum of 'M, being a week's wages in lieu of notice. The defence was that Mooney- received an injury to one of his finger?, and when the payment of compensation was made to him he refused to return to work. This was denied bv tho plaintiff, who said that ht> had agreed to return to work under certain reservations, as ho was under the impression that if he commenced work bofovo ho had settled up wjtb an insurance compa,ny the payment of his compensation would be jeopardised. His union secretary had advised him to this effect. The Magistrate, Mr. W. G. Riddcll,. S.M., nave judgment for tho defendant with costs, and remarked that he considered that the plaintiff had himself to blame.

Air. T. H. Gill appeared for the plaintiff.

CLAIM rOIJ MILK DELIVERED. licsorved judgment, was delivered by Mr. W. G. Hiddell, S.M., in the case Karori Milk Supply. Ltd., v. James Godber, Ltd. (in liquidation), and William Steiihcrid and Henry Baldwin, trustees, a cluiri for £\lil 12s. -Id. for milk supplied and' cans nut returned. The defendants entered into an agreement with the plaintiffs for the. supply of milk at the rate uf fifty gallons a day. After reviewing the evidence, His Worship (,'avc juilgment for plaintiff for JCIG6 17s. ■Id., with JDI3 fo. cusLs. At the hearing Mr. 11. I'. O'Loary apnea red for the plaintiffs, and Mr. D. Jackson for the defendants. JUDGMENT BY DEFAULT. Judgment for plaintiff bv default iras Kiveu by. Mr. W. G. Kiddell, S.al., in thi> following undefended cases:—Lazarus Wolfe Halkmd v. Ivy Agues Maddison, .t3 4-s.. costs L's.; sumo v. Nora Marion Bates. JC27 7s. 3d., costs £3 53.; Public Trustee v. John O'Donnell, .Ml) 18s. ad., costs £3 Is.; Slnte Advances Superintendent v. Maurice O'Connor, £\5, costs .195.: H. 11. L'aumber v. V. Blake, £3 7s. Gd., coste 10s.; Wellington Drivel's' I'nioii v. John I'earn, M Is., costs os.; same v. Thnniiis Smith, M as. od., costs • r 's.: N.Z. Autoiiiatic Bakeries, Ltd., v. Mrs. Belle Wilson, £2 10s. 2d., costs 7s. i sumo v. Cecil John Wright, <£5 Bs. Id., costs ,C 1 os. Gd.; same Mrs. Blanche If. Bovlc, ,£2 His. 4d., costs 55.; Bame v. Piladi ffs., coste 65.; Vαfiiinin Oil Co. Proprietary, Ltd., v. Zealn.ndia Motor Importing Co., Ltd., ,EU Is. 4d.. costs XI 10s. Cd.; Alexander Cowan and Sons, Ltd., v. J. J. Mulvi-l-ill. .£ll ss. Cd., costs .£1 10s. Gd.; Public Trustee v. liobcrt Henry Howard, .Mi Ids., costs .El 3s. Gd.; "Wellington Driver* , Union v. John .lepson, ,i;l Is. H, costs Ss.; C. W. Neilsen v. C. A. Smith, ,tS, costs .£1 Us. 6d.; CI. and C. Ahlom v. 11. V. A.-iher, £\ 10s, costs ;jj.; Combined Buyers, J/hl., v. John Percivul Dodds. Xii Gk 5(1.. costs .£2 1-ls.j «t\mc v. IMippi-l. Leslie Printz, W Ills, id., costs £2 11s.

JUDGMENT SUMMONSES. I". Teitzons wns orileved to pny D. Muruiiii j;l .'ls. by July Y,. \\\ 'Icfuiilt iwouty-foiii' lioiti's' imprisoiiiiiiiiil. llnrt irdy was oidoiod to pay JO. Reynolds and Co., Ltd.. the sum of J:23 153. lid. by July 17, in default tvrenty-oue days' iriiprisonmcnt.