MAGISTRATE'S COURT

Dominion, Volume 12, Issue 244, 9 July 1919, Page 2

MAGISTRATE'S COURT

THEFT OF SHIP'S STORES

TWO YEARS' PROBATION FOR

OFFENDER

Upon investigation by Customs Officer John Hood a suspicious-looking parcel, carried by a youth named John Barber, was found •to contain a quantity of groceries, valued nt 17s. lid,, the property of tho Union. Steam Ship Company. As the explanation of Barber waj' unsatisfactory, Constables O'Connor and Uleverley were called in, and Barber waß taken to the colls. ~

Hβ appeared before Mr. F. V. Frozen S.M., at tho Magistrate's Court jesterday, and pleaded Jiot guilty to liie charge of theft. . .

Evidence was given by Customs Officer Flood that when questioned on the Queen's Wharf on Monday evening, the accused said that ho had paid duty on Iho goods, and ho followed this up by saying that a fireman on the Tahiti had given him tlio articles. Further : (piestioning 111 the presence of the wharf police resulted in tho accused acknowledging the theft. In answer to a question by tho accused I)he witness admitted that Barber was under the inlluenee of liquor at'the time, but was not drunk.

Tho accused gave 'ewidehce "iH" Iho witness-box, and said that a fireman oa the Tahiti had given him the articles. He did not know the fireman.

Further evidence was called by ijniorSergeant Willis to show that the i-.rticka-had-been missed from the ship's storeroom. His Worship eaid ho would givej accused an opportunity to reform, and would therefore admit him to probation for two years on tho usual conditions.ONE MONTH'S IMPRISONMENT.- - A sentence of one month's imprisonment with hard labour was imposed on Thomas .■ Davis, who was charged with committing a grossly indecent act in Fitzherhert Terrace.

ALLEGED I'HEITOF BUTTER, On a charge* of theft of a box of butter, valued at £i 'Is., the property of K. W, Short, Richard Jones was reniumlod till July 11, bail being allowed in tho Bum of ,£25 and ono buTety of ,£25. Tho theft is alleged to have been committed at Paekakariki on July 7.

ALLEGED THEFT OF GOVERNMENT

. - ; MONEYS. A youth named Charles Percy Chase was remanded till July 16 on four* charges of theft of various sums of money, totalling £100, the property of tho Government. Bail was allowed in tho sum of one surety of .£IOO or two of .£SO. ■ . INSOBRIETY. ' For drunkenness "Dorothy Margaret Baldwin was fined 205,, Thomas Austia and James Campbell were fined 10s. each, and Charles M'Cauley was convicted and discharged, but was fined 20s. tor a' bleach of hie prohibition, order. Four first were fined 10s. each, two were fined ss. each, and two others wore convicted and discharged. .. BY-LAW CASES. Mr. P. V. IWr,' S.M., dealt with the following by-law cases:— •■ . ■ . W. K. Fyifo was fined ss. and costs hr driving his motor-car at night without j having proper-lights attached. ■A fine of, ss. on each of two charges of allowing stock to wander on ii.iublio highway was imposed on Herbert <) Sullivan, and for a like offence Eric O'Sulli. van was fined a similar amount. . ■ John Mason and James Wilson, drivers of tho City Corporation milk vans, were each convicted and ordered to pay costs 7s. on charges of driving their veMrleg a,t night without proper lights attached. CIVIL BUSINESS INSTALLATION OF REFRIGERATING MACHINERY.; The bearing of the claim brought by David Robertson and Ltd., ongineors, against &• B. Orange, civij eflginew, and. Toiviisend and Paul, Ltd., produce merchants, was continued before Mr. W. G. Kiddell, S.M., at the Magistrate's Court yesterday. Tho plaintiff company claimed a (sum of iii 2 55., being ilia ctet of material supplied and work done in connection with the installation of a refrigerating plant on tho promises of the defendants Townseiid and Paul, Ltd., by the defendant E. B. Grange. From the evidence given "it appeared that the defondant Uraiigo. undertook ttfl iriginal .work' and obtained supplies of materiills from the plaintiff company. I} , tlio machinery was found to be eomewhat unsatisfactory, and the plaintiffs carried out the necessary repairs under instructions, it is alleged, from the defendant Grange. ■ For the defenco it was submitted on behalf of the defendant Grange that be did not give the plaintiffs instructions to carry out tho repair work. As to the defendants Townsend nnd Paul, Ltd., it was contended l , that the machine had never given satisfaction, and that they never gave instructions to Grange for the employment of the plaintiffs. The defendants farther submitted that they ■were in no way • responsible for the employment of Robertson and Co., and that that firm was employed by Grange, who sent them to do the work.

After hearing part of tho evidence called on behalf of the defendant Grange His Worship adjourned the case till Tuesday nest. ■ !

Mr;..T. TV. Young appeared for the plaintiffs, Mr. A. W. Blair for the defendant Grange, and Mr. M. Myers for the defendants Townsend and Paul, Ltd.

ABOUT A SHIPMENT OF ORANGES.

George Thomas and Co. proceeded against the- Union Steam Ship Company to recover tho sum of £U, being the value of a portion of two consignments of oranges forwarded to plaintiffs, but not delivered. The claim was heard by Mr. W. G. Riddell, Sil. Evidence was given to tho effect that the whole ship- » nient, which cahio from tho Islands, was condemned By tho fruit inspector. Twenty cases were missing, and these were considered by plaintiffs fts short delivered; For the defence it was urged that though the particular cases could not be trated ho loss accrued to the plvntiffs,

as the whole shipment had beon condemned and ordered to be destroyed by

the fruit inspector. His Worship snid that he would prefer to go into the matter before giving a, decision. Judgment was accordingly re-

cerved. Mr. 0. Mazengarb appeared for (he plaintiffs, and Mr. P. Levi for the defendant*.

CASES UNDER RENT RESTRICTION'S

ACT. An application by the Inspector of Factories (Mr. R, T. Bailey), on behalf of the tenant of a house at Lyall Bay, , owned by J. Jaimcson, of Kent Terrace, to j determine th'o capital Value of the property as provided for by the War Legislation Amendment Act, 1916, and its amendments (regarding rent), was heard before Mr. F. V. Frazer, S.M., at the Magistrate's Conrt yesterday. Tho dfrfondnnt's estimate of tho capital value of the houso was iIOOO. This included the estimated vahio of improvements effected during the war. After hearing tho evidence His Worship fixed the vnlue at .£577.103., and allowed costs £1 IW. «d. Mr. Peacock appeared for the defendant. In another application by Mr. Bailey rognvdins the rental of a liouso in Aro Street, His AVorship reduced the weekly rental, by consent, from 225. 6d. to 17s. Costs XI 11s. Gd. were allowed. ' TENEMENT CASE. Arthur Broqkcr was ordered to givo up possession of a. tenement to Robert John Gilchrist by August 8, and pay .CI !2s. costs.'