MAGISTRATE'S COURT

Dominion, Volume 12, Issue 250, 16 July 1919, Page 2

MAGISTRATE'S COURT

ALLEGED THEFT OF RINGS CASE AGAINST SERGEANT-\ MAJOR DISMISSED A Staff sergeant-major of tho New Zealand Military Forces named Roy Harry Andrews appeared before Jlr. K.. Page, S.M., nt tho Magistrate's Court yesteroay, charged with llio theft of two rings from a room in the Masoriio Hotel on April 15 last. Andrews pleaded not guilty, ami was defended by Mr. 11. P. O'Loary. Willis conducted the prosecution. Annio Wilson, a member of tho, Royal Comic Opera Company, said that on April 15 last sho left her room at the Masonic Hotel and went downstairs to dinner. On her return sho found that two rings sho had left in her room were missing. Inquiries woro at bnce made, but without result. The accused was staying at t.lio hotel at tho lime, but slie did not know him personally. .Wit lies? then left Wellington, 'hut returned recently and saw tho accused in town wearing one of the missing lings. Tho rings were valued at A3 'iO.?. . To Mr,' H. F. Olwry: AVitness would . not Bwear that accused was in the hotel on tho night on which the ungs were stolen. , Plain Clothes Constable Black said ho interviewed the accused at the New ZeaLiiider Hotel, and the hitter said that ho purchased the ring he wns wearing from a soldier in tho bar of the Masonic Hotel. Tho deceased wns staying at the hotel on April 15 and IG. • To Mr. O'Loary: AVitness saw accused at the Masonic Hotel on April 15. To Senior-Sergeant Willis: Acoused did not say that ho. was away on April 15. Accused said that he was staying at the Columbia Hotel on April; 15, whereas lie was booked ill at the Masonic Hoteil l on that day. For the defence, Mr. O'Leary said that tho accused was a Staff sergeant-major employed at Defence Headquarters.. On April 11 accused was staying ,at the Masonic Hotel, and he left on ;ho afternoon of the next day for Masterton. The accused's roll book showed that ho was in Mastorlon oil the evening of April 15, and at tho time when tho theft was alleged to have been committed. Tlio accused in evidence said that at the first of each month he was provided with his itinerary for the month, and on April 15 he was to be in Masterton, and he wasi there. He reiterated that lie had purchased the ring from a soldier in the hotel. Ho did not know that it had been stolen. The soldier said he reauired meney and accused gave him 7s. 6d. for the ring. His Worship said there was not sufficient evidence before him to enter a conviction. The information would bo dismissed without prejudice. OTHER POLICE CASES. . A young man named Stanley George Snow was charged with drunkenness. using obscene language, and with assaulting Alfred Victor Voyce, tram uiotorman.\ The accused pleaded guilty to all three charges, and was lined .£lO for assault, .£3 for using tho language complained of, and convicted and 'discharged for drunkenness. He was also ordered to pay 18s.' witnesses's expenses. A line of JI3 was imposed on James Cass, alias James Walker, for committing a nuisance in Cuba Street.

Convicted and discharged for drunkenness. Donald M'Douald was fined -£5 for (i breach,of his prohibition order. Frederick Gnrlick was convicted and discharged for drunkonness, and was fined 30s. for a breach of his prohibition order. For insobriety, Florence Palmer and Josetih Cairney were each fined 20a., and several first offenders were leniently dealt with. 'CIVILIMESS ENGINEERING FIRM'S CLAIM. . The case in which David Robertson and Co., Ltd., engineers, proceeded against R. 13. Grange, engineer, and Townsend ami Paul Ltd., produce merchants, for the recovery of JCB2 55., in respect to tho supply of material and work done in connection with the installation of a refrigerating plant on the premises of tho defendants, Townsend and Paul, Ltd., by bv the defendant, R. B. Grange, was. continued before Mr. W. G. Riddell, S.M; Mr: M. Myers, on behalf of his clients, Townsend and Paul, Ltd., said that neither counsel for the plaintiff nor counsel for the defendant Grange had railed tinv evidence to 6how that his clients ivere in any way responsible. He submitted that it. was entirely a ease between the plaintiff Robertson and tao , defendant Grange. His Worship said that ha would prefer to hear the evidenco of Mr. Tow;tiseud. At tho conclusion of the evidence the case was again adjourned for the purpose of hearing legal argument. Mr T. Young appeared for the plaintiff, Mr. A. W. Blair for tho e'efendant Grange. and Mr. M. Myei'6 for the defendants Townsend and Paul. LOAN OF MONEY. A claim for .£2O, money said to have bean loaned, nud <£7 3s. sd. interest thereon from July 19, 1913, to July 15, 1915. was made by 11. A. .Evans, married woman, against Robort James Kells, of Ivilbirnie. The defendant eounterclaimed for Ao, being the value of a sewing mnchino baid to have been sold by defendant to plaintiff, and alleged not to have been raid for. ' ' . . After hearing the evidence, the Magistrate (Mr. W. G. Riddell, S.M. Ravo judgment for plaintiff for <£15, and struck out the counter-claim. Mr. 0. Beere appeared for the plaintiff and Mr. A. M. Snick for the defendant. A FAMILY QUARREL. The troubles of n family named Smith were ventilated before Mr. E. lace, S.u. Clarence Smith was charged with using Insulting language to Arthur Rcgmald Smith and Frances Eva Smith, his wife. Elviua Elizabeth Smith was charged with -assaulting Frances Eva Smith, and Charles Edgar Smith and Arthur Rcn'"nld Smith were charged with Clarence Smith, who claimed X.O dam uses for injuries sustained. Mr. J- A. Scott appeared foi Ghailes Edsar Smith and his family, and Mi. IW. Hislon for Clarence Smith. It appeared from the evidence that a disputo arose between Charic*. M„a Smith (father) nnd Ins stepson, Clatence Smith, who married his dnuKtiten Elv:ina Bliz-abeth Smith. The UW in Moleswortli Street, and during the d s pute the insulting language .Teener „ of was used. Fo lowing tina p >™, ern meleo took place between Clarlt» Edga Smith, Arthur Smith, and Clare ce Smith, nnd it was alleged tlhat- torn a hawk was used. As a result of the fight the father, it was stated, lecen ed broken finger, and other membws o:f t family were knocked about. The on inal disputo was said to haxo ansen o account of one section of ] the Smith family having scandaliwd tho othei. a fter hearing the evidence, Hxs uoi Smith v. filarenco Smith was dismissed. CLAIM FOR NURSING FEES. Mrs Boring, nurse, proceeded against John' Wotton, labourer, of to recover a sum of «C 2 25., being an amount alleged to be due for nursing «Sn,Sl—o, tto the,t tho plaintiff « cta ' , a confinement case nnd . c,aim ®fV M for her services. Two guineas weio paid, and the balance, confinement fees, were alleged to bo unpaid. Tho held that she acted in an emorjcne.y. For tho dofeneo it wau submitted that plaintiff was not a registered midwifo, and that she had been paid her nursing Aftar hearing the ovidence Fis Worship (Mr. E. Page, S.M.) gave judgment for defendant, with costs X 2 ss. Mr W G. Mollish appeared for the plaintiff, and Mr, v J. H. Scott for tho defendant. JUDGMENT.DY DEFAULT. Judgment by default for plaintiff was given by Mr. W. G. Riddell, S.M., in tho followinor undefended cases :-Charlea

Burdon Buxton v. Edwin James liolli, ~112 17s. fid., costs 165.; City Corporation v. Sarah Ellen M'lvcr, .£l-1 83 , costs JEI; same v. Charles Albert Loughnan, «£ll 13s. (id., costs 155.; W. B. Struthers v. H. Lambert, X 2, costs 10s.; William Lionel Rothenbcrg v. Emil Karen, 45., costs lis. 1 BY-LAW CASES. Tho following by-law cases were disposed of by Mr. E. Page, S.M,:— , George Saxton Hodgkinson was fined 10*., with costs 75., for proceeding with the erection of .a building without first obtaining a permit. For not displaying a rear light on his motor-car, Benjamin Stoneham was fined Jil, with costs 7s. For keeping an unregistered dog, William Gallowaji was fined XI, and was ordered to pay Costs amouAting to .£2 2s. sd. Harry Stairman was fined 10s., with' costs 75., for leaving a motor cycle in a public highway without a light. For driving his motor-car along the southern side of the plantation at the tram stop in Courtenay Place, D. A, Dineen was fined 10s., with costs'7s. James Nixon and Fred." Eastergard woro each convicted and ordered to pay costs 7s. for driving motor-cars on tho public highways without lights! Similar, ly charged, Rupert Hallegreen wns fined <81. with costs 7s. ' For not having a light on hij cart, John M'Nelas was fined £1, with costs iCI 7s. A licensed express driver named Bert; Shellburns was fined £3, and ordered to pay costs ,£1 for obstructing the tram traffic, in Vivian. Street. It wna stated in evidence that the defendant had dolayed a tram seven minutes.