MAGISTRATE'S COURT

Dominion, Volume 12, Issue 290, 3 September 1919, Page 2

MAGISTRATE'S COURT

"PROBATION NOT TO BE PLAYED WITH" THREE YEARS' REFORMATIVE DETENTION IMPOSED "I Jim sony, Barrett, that I cannot allow probation to bo played with," said Mr. I' , . V. Frazer, S.M., at the Magistrato's Court yesterday whoa sentencing fidward Gregory Barrett to thrco years' reformative detention for disobeying conditions imposed by the Court when the docused was convicted in March last for theft of hid. employer's money. Tho probation officer (Air. T. I'. Mills) said that tho accused had been convict ed of theft on March 21 last and. was ordered to come up for sentence when called upon on certain conditions. Ono of tho conditions was that he was to rotund the money appropriated, and this lie had failed to do. He, had not abstained from intoxicating liquor and ho had not reported regularly. The accused had been in constant work for the last fo\r months kit had not made any attempt to refund the ; money. ■ 110 offered no excuse for failing to pay. Hie wife gave him .£3 to pay to the proba. tiou officer but he' just pockoted it. . Tho -accused eaid that he had been ill for eleven weeks, during which timo he was not earning anything. Since then he had only been in casual \vork..\ He had practically earned no monoy. ''The ■£3 which his wife gave him lie liad lost, In sentencing accused to three years reformative dotention His Worship said that when -ho previously heard the- case he had considerable doubt as to whether he should give tho accused a chance, ab his crime was one'of theft from his.employer. Nearly six months had gono by and the aceused\ had not made any attempt to pay ,the money. His Worship could not understand the loss of the nioney alleged by the accused. "What sympathy 1 would havo extended to you lias' \(auishcd owing to tho report' of Mr. Mills," continued His Worship; Any form of probation was a strictly business arrangement and any conditions imposed must be strictly adhered to. If tho conditions were abused then the Court must impose a sentence that was substantially in accordance with the nature of the original offence.' He would assume that drink was the cause of the accuseds trouble. ■ ; Accused asked His Worship to. inflict a fine. ■ Mr. Frazer said it was no good talking aboiit fines. Accused would bo sentenced to reformative detention for a period of thrco years. , PROBATIONER'S LAPSE. A plea of guilty, was entered by a young man named Arthur Edward. Pearcy on charges of theft of Bs. from Edward Reid, 9s. from Vincent Jauiieson, ■ and a watch.and chain, valued at JX 155., tho property of John Campbell. Mi , . K Page, b.M., was on the bench. Sub-Inspector Emerson said that tho property was stolen from tho coastal steamer Kaitoa when the vessel was lying at tho Qneen's Wharf on August 25, Constablo Cosgrovo said that he.interviewed the accused, who said that-ho was at one time employed on the Kaitoa and left tho vessel iu November, 1918. The persons' from whom the articles were stolen wero members of tho crew of tho vessel, and tho accused formerly occupied tho same cabin as they. -. On August 23 the accused boarded the vessel and during tho absence of the occupants, of tho cabin he appropriated the money and the watch and chain. Pearcy . threw the watch and chain into the harbour, as ho was afraid of the stolen property being found in his possession. Prior to making a statement =ho* niado an admission'of his guilt to tho owners, of the property. ■ , .-„ • Sub-Inspector Einereon eaid .that the theft was first reported to tho policeat Nelson the day after it took place. 1 lie accused was before the Court on May 3 last, wlien he was convicted and aamitted to probation lor three years. ... r Mr. T. P. Mills,, probation officer, said that tho accused had complied with the conditions of his': probation, and there w«s no excuse for his present lapse. Tho accused was developing into a tluet it he was not. already one. " The. Magistrate said that the theft was a mean ono, and tho accused would be sentenced to a month's imprisonment ou each charge .... THEFT OF AN ALARM CLOCK. John Lister appeared on remand to answer a charge of theft of an alarm clock, valued at 12s. Cd., the property ot Robert Gamble. i ■ The complainant gave evidence that ho left the clock in- his house in Dixon Street and Inter, found that it was miss-, ing," The accused was identified by a sec-ond-hand dealer as the man who sold the clock to him for 3s: Cd. The accused said that a week before ho was apprehended he was told that tlio police were after him because he was out of work, and just when ho,.tfttM down he was arrested.' He admitte- , «'ing been convicted of theft at Dv Chvistchurch. . '^ His Worship sentenced him ..( days' imprisonment. ... .' SEAMEN IN TROUBLE. Two members of the crew of th« steamer Essex named Frank M'KinneU and Thomas Rowlinson appeared to answer charges of theft. Both admitted ■Stealing ft tin of fat, valued, at Us.,. the ;property of tho New Zealand and African Steamship Company. -. ,' On Monday both accused were seen bj Constable Williams on Lamhton Quay with tho fat iu their possession lney .paid that they had taken the fat from . Each P was fined A in default seven i days', imprisonment.' INSOBRIETY. • Two first offenders for drunkenness wero each fined ss. For, a eunilar otlenco William Taylor was fined 10a. CIVIL BUSINESS , •MASCOT FOR A MOTOR-CAR. ; Before Mr. W. G. Riddell, S.M.,- Walker and Hall, silversmiths, proceeded against Georgo Davidson, of .Davidson and Co., motor importers, cJaiming --« Bs. (hi., being tho value of mi albatross mascot supplied to tho defendant claim set forth that in Maren, 1918, tho defendant ordered, an albaU'oss mascot which was to be tied to the bonnet of defendant's car. The mascot was ma. ifoetured at Sheffield, England, and duly supplied to tho defendant, who- refused that the mascot was too costly and that it eonlcl te™J*m. made and obtained cheaper eta»h«e. The arrangement was that He article wns not to cost more than 40 dolUis (f>B) 4 similar article could bo obtained in America for that sum ■ Aftor hearing the evid°nco Hi* worship gave judgment for plainUlb for -8U VafMa^p rr lfovth ? plaintiff and Mr. \ K. Kirkoaldio. for 'tho defendant,. SERVANTIuis" MASTER. of JSWlfe %_.' Tho claim made up of tlireo weeks' wages at- J. 3 15j. pei week,'one week to-lieu ol nolaeo of dismissal, and tho balance for otc.lino Tho defence was tJiflt the plain ft left the defendant* employ boforo the expiration of a week and thorefoiohad fa{cited his claim for wngee for. that \oek. It was tho defendant, it was cauned who whs entitled «« n week B ag e> m lieu of notice and not tho plaint ft. Ashmoro was entitled to three hours' double timo and fivo hours-at timo and a half. iiHliouirh it was considered 'that u\o mount dul not emml the amount f damages to whioh tho defendnjit wiw 011litled through tho phuutift leaving without notice. Defendant. counter-claimed for ,C 3 159.. one woofs wagon. . His Worship said that, ho was (satisfied that plaintiff had dono tho work in tho ahop, and on the claim for thrco weeks wn«w he must succeed, As to tlio wee-k s wacM in lion of notice, ho was not prepared to eay that the plainlilT was entitled lo succeed. Tho defendant had Veen put to trouble in engaging another man and on that point judgment would bo for him. Judgment on tho .wliolo

I clajm would bo for plaintiff for J312 58. id.,' and for defendant on the counterclaim for JE3 15s, . . ', Mr. J. Scott appeared for tho plaintiff and Mr. H. F. von ilaast for the de- : fendant. ', CLAIM'FOB WAGES. Before .Mr. E. Page, S.M., Edwin Pew, gardener, of' Ngaio, proceeded against ■ Thomas Waugh, nurseryman, of Lower Ilutt, claiming a sum of M, being two weeks' wages unpaid. "The plaintiff's . caeo was tlmt on Monday, June 23 last, plaintiff' was dismissed without reasoriablo or just caueo by tho defendant, who refused to pay him a week's wages in ; lieu of notice or tho week's wo£C3 tlien i owing. Tho defence was that the plaintiff said , to tho defendant that he was not going to do any' more work. In answer to this plnintiff enid that ho attended work as usual but could not do anything as he'was suffering fromrheumatism. ; Counsel for the' defendant claimed ttio right to set off the week's wages already earned by tho plaintiff against his right for damages for a bronoh of contract. On this point His Worship deeired to hear legal argument and adjourned ■ the case ■ till Thursday. ' ' . Mr. J. Scott appeared for the plaintiff and Mr. 1). M. Boechoy for the defendant. JUDGMENT BY DEFAULT. Judgment for plaintiff by default vrae given by Mr. W. G. Riddell, S.M., in the following undefendedi cases:' Herb Price v. A. B. Saundors; .£4, costs 103.; Mrs. A. F. Tait v. Henry Ashwqrth, £'i, costs 125.; Wellington Publishing Company, Ltd. v. W. H. Nicholb, M 16s. 3d., < costs 10s,; siune v. Thomas K. Husband, £5 18s. lid., costs. £l 10s. Gd.; same v. V. L. Pairbrothcr, XIG, costs 10a. ' CclT'i H. Vilo"v. Mrs.' Jane" Shrouder, £2 l&s. lid., costs Ite. ' ' '. / BY-LAW CASES'. ' Mr. E. Page, S.M., dealt with the bylaw cases yesterday. •Lacoy Ciiarles Adams. and Ellen Sμcich wero each convicted and ordered-'to pay costs £1 03. Cd.. on ohargce of casting offeusivo niattor on tho road at Plimjnerton. A fine of £1 and costs 15s. was imposed on Malcolm Taylor, who drove a niotoroyclo along Adelaide Road at an excessive speed and to thq danger of Mar* garet Williams. , Alexander Robertson was fined £1 and costs ,£1 35,. for failing to pay lie tram fare. The defendant did not appear, and the ovidence was that ho got on tho tram and. refused to pay his fare. For driving a motor-oar wMoh displayed dazzling headlights Francis New« man \piß fined £1 and costs 17e. J. Swinson, whose motor-oar did not display a tail light at night-time, .waa fined 10s. and , costs 7s. For allowing.unhorse to wander Claries Russell was Fined ss. and costs Bs. Ernest Picot was fined £1 and costs 7s. for 'failing to leavo his car parallel with the street. A fmo of. <£1 and costs 19s. was imposed on William Mangin, who failed to keep his ear on the left side of the road. ■.':■;■ ; For failing to stop his motor-van when ordered to do so by a police conetable, Ernest Howard was fined £1 and coste 7s.' ' ' . ■- Frederick Eostergaid was fined ss. and costs 7s. on each of two oharges of failing to havo proper lights attached to his motor-car. . • . At a eitting , of the Mount Cook Police Court yesterday, before Mr. H. G. Smith, J.P., William Flynn was fined 20s. o* seven days' imprisonment for insobriety. A first offender, was convicted and-dis-charged.