MAGISTRATE'S COURT

Dominion, Volume 12, Issue 260, 30 July 1919, Page 3

MAGISTRATE'S COURT

A SAILOR'S CAROUSAL

WIRE NETTING, RABBITS AND GARDEN SEED Wiien a 6ailor named John Bunyan Tornblom left his ship on Monday, ho never anticipated that beforo tho day was out ho would be obsessed with visions of a rabbit farm on board tho ship. After paying his respects to several hotels ho mot a friend, and arm in arm they safely negotiated Lambton Quay, and, weathering • tho corner, entered the premises of the Wairarapa Farmers' 1 Cooperative Association, where his friend desired to.make some purchases. Hero Tornblom drifted away from his partner and entered the horticultural department, whero lie annexed a roll of wire netting and also thirteen packet) ot garden seeds. He then made for tho fairway, but was soon in difficulties, and it was while he was ranking bad weather of, his journey that hb met, quite by accident, Constable Harrison. Tornblom told tho arm of the law that the wire netting was to bo used for tho purposo of fencing off the rabbits on ■ board his ship, and that ho had effected the purchaso at tho bargain price of 3s. 9d. This explanation was considered unsatisfactory, and Tornblom then visited the Central Police Station, and on being searched he was found to have 13 packets of garden seeds in his possession. Investigations followed, and it was ascertained that the property belonged to the W.F.C.A., Ltd., aAd was valued at £1 15s. 9d. . Tho .rabbit farm was. not even a memory' when Tornblom appeared before Mr. E. Page, S.M., in the Magistrate's Court yesterday, v charged with the theft and with insobriety. Ho recalled the fact that he got drunk, but he could not remember tho rabbitsi Hjs Worship entered a conviction on both charges, fined the accused £2 for the theft and ss. for drunkenness. The stolen property was ordered to bo returned to the owners.

OTHER POLICE CASES. On a charge of using threatening behaviour on Lambton Quay, George Albert Haben was fined £1, in default 48 hours' imprisonment. • . A sailor named Frederick Murray was fined ,£3-for assaulting John William Simpson, another sailor. The assault was committed during tho course of an argument. ■ : ~ For insobriety Wm. Conrick was fined 10s., John Russell was fined £1, and three first offenders were fined 10s. each. George Saville was fined .£1 for drunken-, ness and .£2 for a breach of his prohibition order., Vivian Ballard, an of the steamer Priflzessin, was remanded to appear at Masterton on August 5 on a charge of theft of a gold watch valued at £% tho property of Phyllis Coley. APPLICATION FOR REHEARING. In a recent prosecution by the Society for the Prevention of Cruelty to Animals,'John Frederick Archibald was sentenced to H days' imprisonment on a charge of oruelly ill-treating a horse. Yesterday Mr. J. Scott applied to Air. E. Page, S,M.. for a Tehearing, and stated that it was not intended to retract the original plea of guilty entered by his client, but certain additional evidence which might place the matter in a different light would'bo called should tho rehearing bo granted. When the case was heard the defendant did not appear, but he admitted the facts of the ca6e, and the horso was worked as he was unable to obtain a substitute for the animal. His Worship replied that if an affidavit setting out the grounds of the application were filed ho would consider the matter and would fix a date for the rehearing should tho circumstances justify such action. In tho meantime the execution of the warrant would be stayed,

CIVIL BUSINESS JUDGMENT IN REFRIGERATING PLANT CLAIM. Reserved judgment wa-s delivered by Mi. W. G. Biddell, S.M., in the/case Robertson and Co., Ltd., engineers t; R. G. Grange, civil engineer, and Townsend and Paul, Ltd., produce merchants, a claim for ,£B2 ss. for work done and material supplied in connection with tho installation of a refrigerating plant erectod on tho premises of the defendants Townsend and Paul, Ltd. The. work was completed by the defendant Grange, ,but it was held by the defendants Townsend and Paul that the plant never ran satisfactorily. His Worship, after reviewing the evidence, said that the relationship between Grange and the plaintiffs at the time was such that the acta •that followed became possible, and although the arrangement "'as somewhat unbusinesslike on the- pni . " L 'io plaintiff, yet it was clear they wt • in good faith and considered they ng engaged to do a definite piece , ork en Grange's instructions. Grange .ailed to'make his position clear at v his first interview with plaintiffs that they should look to Townsend and Paul for payment. Upon the facts presented His Worship held that tho defendant Grange was liable for the amount claimed, and judguient would therefore bo for plaintifls against Grange for the amount claimed .£B2 55., with costs totalliug X 7 4s. Plaintiffs would be non-suited against the defendants Townsend and Paul: with costs £i 2s. At the hearing, Mr. T. W. Young appeared for the plaintiffs, Mr. A. AV. Blair for the defendant Grange, and Mr. M. Myers for the defendants Townsend and Paul, Ltd.

TAXI PROPRIETOR'S CLAIM. * Extensive joy-riding was alleged during the hearing of 'an action brought by Mrs. A. Nightingale, A.B.C. Taxi Garage, against T. Thorn and B. Wedderspoon, which was heard by Mr. E. Page, S.M. The plaintiff claimed from the defendant Thorn a sum of .£22 15s. and from tho defendant Wedderspoon the sum of .£l9 12s. (id. for the hire of taxis extending over a considerate period last year. The plaintiff's case was that the defendants ordered the taxis at' various times and hours for drives in and about Welling-ton-ami the suburbs. According to coun. usel for tho plaintiff tbeso cars were used for joy-riding. For the defence it was submitted that both defendants were in no way responsible for the accounts, which wore really incurred by a -Lieutenant Dobbie, during the time tho defendants were his guests. The defendants 6tated that they met Lieutenant Dobbie, who said that ho was an officer of the Black Watch, and that his'father was owner of a large station in Dunedin. Dobbie was staying at tho Midland Hotel, and the defendants were invited there often. They both took Dobbio to be a gentloman of means, and he entertained them extensively. He supplied all tho motor-cars and drove them round. It would bo seen from tho accounts that most of the ears were ordered from tho Midland Hotel. Tho defendant Thorn said that he had lent Dobbio .£BO whilst ho was visiting Wellington. Both defendants denied absolutely that they ha<l ever obtained any credit for taxi hire from tho plaintiff. For any cars they had ordered 1 they paid tho driver in cash. His Worship said that the evidence satisfied him that judgment should bo entered for the plaintiff, who rightly assumed that tho defendants were engaging the cars and not Dobbio. Judgment would be for plaintiff against Wedderspoon for the amount claimed, and against Thorn-for ,£l9 153., together with costs.

JUDGMENT BY DEFAULT. Judgment for plaintiff by dofault was given by Mr. W. G. Eiddell, S.M., in the following undefended cases: Staveley and -Weight V. Jjttß.v Jl'Lpod £2 As., costs lie.; Alice E. Murphy v. Mrs. Webster Jones, jGtl 12s. 6d; Tli'o Dominion Clothing- Co. v. Sidney Nowson £3 is. 6d., costs 10s.; H. Inglis v. C. S. Nowson .£9, costs XI 3s. (id i William Simmons v. Stephen JTnpn i Itoid .£8 Bs., costs £1 ss. Gd; Staveley and ' Weight v. James N. Scott .£6 95., costs 135.; H. K. Robertahaw v. T. H. Whetton £2, costs 125.; Lindsay's, Ltd. v. Mrs. J. Webster Jones £\ 3s. (id., costs 10s.; George and Kersloy, Ltd. v. Mrs. J. Webster Jones £2 Is., costs 175.; Sing Or, Son v. Mrs. J. Webster Jones £1 3s. lid, costß 12s. TENEMENT CASE. j In a claim against Agnes Lo Com to! for possession of a tenement A. Tyler was j nonsuited on the ground tbnt tho pur-; chaser was unable to make tho necessary ! financial arrangements to complete the | purchase. The defendant was allowed i A\ 1» ioliV.ifwp'o too !

POSSESSION OP A PIANO. ' Mary Jane Lawry was ordered to givo up possession of a piano to the Bristol Piano Co. Ltd., by August 7, in default judgment for plaintiff for £28, with, costs £i Is.

DOG KILLS FOWLS. Francis Prondoville Wilson, of 14 Thorby Street, Northland, proceeded against J. P. Whitaker, of 23 Northland iload, claiming £b las., damages caused, k was alleged,' through the action of defendant's dog in worrying plaintiff's fowls. Seven fowls had been found dead on Good Friday morning and fivo others were missing. After hearing the evkitinco His Worship, Mr. W. G. Hiddell, S.M., gave judgment for the plaintiff for £3, and Costs £2 2s. Mr. H. F. von Haast appeared for tho plaintiff and Mr. P. H. Putnam for tho ueteiidant.

PROPERTY TRANSACTION. . William Murphy proceeded against W. Farquiiar Eggers, of i'eatherston Street, before Mr. W. G. Biddell,. S.M., claiming iSI), money received by-the defendant early this vear from 'IV. Wagg for and on behalf, it was alleged, of the plaintiff. Tho transaction arose out of the sale of a property situated in Tinakori Koad. After hear' ing the evidence His Worship nonsuited the plaintiff on the ground that if there was any contract if was between Wagg and Eggers. His Worship suggested tha Uk.> parties might settle tho case out of. Court. Mr. J. A. Scott appeared for tho plain tiff and Mr. 0. C. Mazengarb for the defendant. •

SEPARATION AND MAINTENANCE, The Court was cleared during tho hearing of the case in which Ada Skinner asked for n separation order against her husband William Henry Skinner, on the grounds of cruelty and failure to maintain. After hearing tho evidence Hi: Worship, Mr. E. Page, S.M., held that the charge of cruelty had not been yroved, but granted a separation and .maintenance order on the/ grounds of failure to maintain. The defendant was ordered to pay £1 per week towards hi- 1 wife's maintenance and to pay £2 Z-. costs. Mr. B. H. Webb appeared i'o somplainant and Mr. G. G. Watson foi the defendant.

BY-LAW CASES. The by-law cases were dealt with bj Mr. E. Page, S.M. Eric O'Sullivan was fined £1 and cost 9s. for allowing, horses to wander at If land Bay, and for a like offenoo Battersby Bros, were fined 10s. and 93. costs. A plea of not guilty was entered by Cyril Dimock when charged, with havii.,: I driven a car on the wrong side of Thoi'- ' don Quay. It was alleged that as a result of ':iis action the ili'ieniUmt tMilidcd with a stationary car which was standing on the right-hand side of- the road. He explained that he had been following another car towards the city, and after blowing his horn he 6wung out to pass this car, which had slowed down cu siderably. At this moment an oncoming car's deadlights dazzled him, and immediately afterwards the collision occurred. The Magistrate held that tlr defendant had not committed any breach of the by-law, as he was bound to overtake the car he had followed in on tho right-hand side. Furthermore,, the car which he had struck was standing some feet out from the side of the road. Tho information would be dismissed. James Bates was fined .£1 and costs 7s. for having driven his motor-car past a standing tram-car. George "William Lawrence was canvicted and ordered to pay costs 7s. for driving his motor-car along Lamb ton Quay without proper lights. Tho defendant explained that in dimming his lights 1m •accidentally switched them off altogether. A plea of guilty was -.mtercd by William George Lawton when charged will: baring left a dead horse on tho bench about two chains past the Run Round on tho coast near Island Bay. It was alleged that the carcass had caused considerable annoyance to persons who walked round tho beach and to workmen. The defendant said that tho horso' had died on the road, and ho had been unable to remove it further than the spo: at which it was left. A flue of M and 7s. costs was imposed. For riding a motor-cycle at an excessive speed over tho intersection of Coiirtenay Place and Taranaki Street, Frederick William llorshord was fined .£1 and 7s. costs. John Marshall Savidge was fined £ and 7s. costs for having driven a motorcar negligently in Cuba Street, and " similar amottnt for having driven on the wrong 6ide of the road. Richard Welsby was fined .£1 and costs on one charge of allowing stock to wander, and 15s. aiid'costs on each of fotr other charges. ,