MAGISTRATE'S COURT

Dominion, Volume 12, Issue 280, 22 August 1919, Page 5

MAGISTRATE'S COURT

THOUGHT IT WAS RUBBISH CHARGE OF THEFT DISMISSED Mr. E. Page, S.M., dealt with the police cases flt the Magistrate's Court yesterday. A pica of not guilty was entered by Walter Thomas Minns, a steward on the steamer Ulimaroa, when chaged with the theft of certain articles, valued at ,CH, the property of Lieutenant James B. Gr.mne, N.Z.M.E. The articles consisted of a wristlet watch, strop, leather belt, necklet, Egyptian scarab, and two Egyptian paintings. Acting-Sub-Inspw.'-tor Bincrson conducted the prosecution and Mr. (!. B. O'Donnoll appeared for tha accused.

Evidence was given by Lieutenant Grange to the effect that he returned from the front on the Ulimaroa, and the accused was the steward looking nfter witness's cabin. After he had left the ship at Wellington, and joined tho Maori, he missed the articles mentioned in the information, and communicated the fact to the police.

To Mr. O'Donnell: Accused rnicbt think that the articles had been discarded as not required.

Constable Cattanadi Paid that when ho interviewed the accused he fraukly admitted that he had the articles, and tlmt he had taken them, as ho thought ther had been discarded.

Counsel submitted that his client Jiad reasonably presumed that the articles were useless, and had been disoarded, and had not really committed theft. It was a fact that when'a transport arrived at iti destination officers and soldiers discarded various articles for which thev had no further use. These articles were left in the cabin, and the steward, when cleaning up, found them, He was soing to dump them overboard, but his friend advised him to keep them for tho kiddies.

Tha accused gave evidence, admitting that he had taken the articles, but only on account of the reason that he considereA them to have been discarded. Two other stewards, called for tho defence. save evidence as to this litter of articles generally found in the cabins on transports at the termination of the voyage.

His Worship said lie was not prepared a conviction for theft. The complainant admitted that ho left the coods iu the cabin, and that the accuscd misht have thought that they had been discarded. The information would bo dismissed. His Worship made an order for tho return of tho goods to Lieutenant Grange.

OTHER POLICE CASES. When Charles Jenkinson appeared to answer a charge of drunkenness, Aclinjf-Sub-Insriector Emerson staled that the accused was recently ordered by tho Supreme Court to undergo a term of treatment at .Roto Ro,\ oil a charge of committing theft whils: drunk at; Bulls. Before beiiiK sent to the island, Jenkinson was placed in tho Wellington Hospital for treatment, ami on Wednesday escaped from the institution, and was subsequently arrested in a drunken state. His Worshir, entered a conviction, and ordered accused to be retained in custody in order that the direction of the Supreme Court might be complied with. "For disorderly behaviour whilst drunk Neil Roberlson and John Leonard Slacey worn each fined 10s.

For drunkenness, the following offenders were dealt with Donald M'Donald was convicted and discharged for drunkenness. hut _wai fined ,£i for a breach ot' his prohibition order, convicted and discharged for drunkenness; Samuel Mar. tin Sparkes was fined »C 1 10=. for ji breach of his prohibition order; George Snvillo was fined X? for a breach of jits prohibition order, and was convicted discharged for drunkenness. Emily Foster was fined IDs., and was made tlm sub jeefc of a prohibition order. Mary Jano Keid was fined 10s. for a breach of her prohibition order, nnd was merely convicted . for drunkenness. Frederick James Tollcy. whowas found in g state of helpless drunkenness, was fined 10s. and ordered to pay 17s. Gd. medical expenses. One first offender was fined 10s.

CIVIL BUSINESS ACTION OVER WATERWORKS "RATES. A peculiar position arose over two Waterworks situated in Johnsonvillc ami Onslow respectively, following on the amalgamation of Onslow with Welling-, ton' City. The Onslow Borough Council hud a waterworks in the Johnsonvillc Town Board 'area, and the latter body had a waterworks in Ihn Onslow borough. Early this year the Johnsonvillc Town Board took action against the Onslow borougli for the recovery of rates 011 its waterworks, situated in Johnsonville, but this action failed, for the reason that a borough council is exempted from such rates. The Onslow Council llien ascertained that a- Town Board was not so exempt, and on the day before the council's amalgamation with the city proceedings were instituted against the Johnsonville Town Board for rates for the waterworks in the Onslow borough. As these particular waterworks are now in the city, _ the Wellington City Corporation continued the nction, which came up for hearing before Mr. W. G. Kiddell. S.M. The claim was for =£17 10s. 7d. for rates.

The deEence was based on the interpretation of the particular clauses of the AjA. counsel contending that the Town Board was not liable.

His Worship decided to take time to consider his decision. The Citv Solicitor (Mr. J. O'Shea) appeared for (lie plaintiff, and Mr. Douglas Jackson for the Johnsonvillc Town Board. CLAIM FOR A CARPET. An Axminster carpet figured in a civil nction heard by Mr. E. Page, S.M; Herbert Pearson Raw-on proceeded against William Edward Herbert, claiming the sum of ,£25 13s. fid., the value of the carpet. The carpet covered the floor of the drawingroom of a house let bv the plaintiff to the defendant, and the plaintiff alleged that it had been damaged and rendered practically useless bv the action of the defendant. If the defendant considered that the carpet wits still lit for use the plaintiff was willing to hand it- over to him 011 payment of the sum demanded.

For the defence it was submitted that tho claim was excessive, especially as the carnet had been in use for eleven years. His Worship gave judgment for Hie plaintiff for .£4 and'£3 3s. costs, holding that the claim was an excessive one, and that the original cost of the carpet did not exceed <£20.

Mr. E. P. Bunny appeared for tho niai'htift' and Mr. M. Myers for the defendant.

SALE OF .^BUSINESS. Osmond Lisley, farmer, of South JCarori, proceeded against David Stephens, dairvman. of Kelburn, for the recovery of X 75 10s. 3d., being the balance unpaid by the defendant, who had purchased a business from the plaintiff- at Kellmnt for £l. r il). The defendant had paid all but XGG 14s. 7d., and the amount claimed was made up by the addition of X 8 15s. Bd. interest, and it was this In Iter amount which the defendant disputed. After hearing legal argument on the question of the right to charge interest. His Worship (Mr. W. G. Riddell. S.M.} reserved his decision.

Mr. M. J. Crombic appeared for the plaintiff, and Mr. 0. C. Mazengarb for the defendnnt. TKNi'IMKNT CASE. G. A. Craig, tailor, Brooklyn, was ordered to give up the possession of a tonement to Miss F. B. A. Macdomtld by September 21, and to pay .61 3s. Gd. costs. JU'JXiMJJNT BY DEFAULT. Judgment For plaintiff by default v;aj Kiven by Mr. W. (.!. Jtiddell, S.M., in tlio following undefended I'iifldle v. Samuel Vogel Jiason, .£22 17s. 2d., costs .62 lis.; Crawley, likiley and Co., lilt!., v. J. A. Collins, ,X 3 W.i. (id., costs „C 2 lis.; British and Continental Piano Co.. Ltd.. v. Ktliel Muir, .ill 17s. (id., costs XI 3s. Gd.; Commercial Agency, Ltd.. and Philips, "Wilson and Co. v. C. 11. Bates, .EG 9s. 10d., costs XI Us. tkl.i Osmond and Son, Ltd., v. Hugh Kamsav. costs only, lis.; Dennis and Son v. A. L. M'DulT, XI 10s., costs 55.; John Telford v. U. Irvine, XI 0s ; (id., cmls ss.;' Lawrence and Hansen Electrical Co., Ltd.. v. W. Williams, X 2 Gs. lid., costs 125.; James Farley v. A. M. Bertenshaw, £5 3s. 2d., costs £1 3s. Gd,[ Jolin Mill

and Co v. Taucher Bros., .£49 lis. 2d., costs -C 2 7s. (id.; A. A. Carson v. T. M'Jfoe. <£2G IBs 3d., costs J.'2 lis. , JUDGMENT SUMMONS CASE. J. Hunt was ordered to pay J. Patterson tho sum of <£3 3s. by September 4 or to go to gaol for three days.