MAGISTRATE'S COURT

Dominion, Volume 12, Issue 296, 10 September 1919, Page 2

MAGISTRATE'S COURT

POLICE CASES -THEFT FROM A PICTURE.. THEATRE Convicted of theft from' the steamer Kaitoa on September 2, Arthur Edward Pearcy again appeared before Mr. E. Page, S.M., yesterday, to answer a charge of theft of money from the Empress Theatre. Sub-Inspector Emerson stated that on August 27 the accused went into tho Empress Theatre and asked for permission to .uso the telephone.' While in\ the office ho took from a, cloak a sum of ■£•& 123., and also a • promissnry note for £5, When the charges of theft from tho Kaitoa wero being investigated, the accused denied all knowledge of the present charge, but subsequently admitted that lie tcok the moucy. Tn May last accused was admitted to probation. on a charge of theft, and last month .was sen-, fenced to one month's imprisonment on each of threo charges of theft from the Kaitoa.. Tho accused elected to be tried summarily, pleaded guilty, and was sentenced to two months' imprisonment. This sentence is to he served upon:the expiry of tho present torm. OTHER CHARGES. On a charge of committing a grossly indecent act in Egmont Street, John AVilhelm Edward Olsen was fined £5, 'in default seven days' imprisonment. For drunkenness, ho was fined £1. Thomas Robson was fined ~£l for drunkenness, a and two first offenders -were fined ss;'each, civilbusTness ■'.-.'. PURCHASE OF A MILK ROUND. A civil action arising out of the in-. stitution of the city milk •'supply block system was heard by Mr. W. G. Riddell, S.M., -when E. T. Morse, a returned soldier, sued David Stevens, dairyman, of. Kelburn, for the recovery of the sum of' £16, money paid by the plaintiff to defendant in conuection witirtho' purchase of defendant's dairy and milk run. 4 The case, as outlined by counsellor the plaintiff, was that the defendant/advertised a. milk round in-Kelburn for sale, and plaintiff interviewed the defendant with ft view to purchasing the round. He was shown the area of the round, which comprised a good portion of the Kelburn district/ At that time tho defendant was-negotiating-to form part of No. 3 Company, which Was going to operate at the south end of"the city, and not in Kelburn at all. Kelburn having been included in the No ;i 1 Company, of which the defendant'wis not a member. These facts were notdisclosed to the plaintiff when he paid his deposit and obtained a receipt, which expressed to bo for tho sale' of a milk round at Kelburn. Subsequently plaintiff, discovered that tho milk round he proposed to purchase would be situated south of Ghuznee Street, in the Newtown district, and not in! Kelburn'. He therefore sued for the recovery of the purchase money. The defenco was that the defendant explained the position' to file plaintiff as to tho working of the block system. His Worship said that at the time of the snlo tho defendant had' entered into arrangements with a company to place his round at Kelburn in"Hie'-block svstei'n. The Court was satiffied that, the plaintiff did not fully recognise the position, and thought he was purchasing a dairy and run at Kelburn. The agreement of sale was for a shop 'and milk round situated at Kelburn, and if other conditions ivere to apply they should have been set out in the agreement, Judgment would be for the nlaint'ff for the amount claimed, with costs £2 7s. Costs for appeal were fixed at £8 Bs. Mr. M. F. T.nck'e appeared for • the plaintiff, and Mr. 0. C. Mazengarb for tho defendant. "-.''■

DISPUTE OVER A COWi Oswald Disley, dairyman,' proceeded against Thomas Goodey,'- labourer, ■ of Northland, chimin;;, possession of a Jersey heifer valued at .£7. The claim. set out that the defendant took the animal on June 11, 1918, and. plaintiff claimed possession or £1 if possession could not he obtained, and £5 damages for detention. Plaintiff alleged that the defendant had taken the heifer without authority. ". , . The defence was that the plaintiff was mistaken in the identity of the animal which was really the property of the defendant. The cow had gone astray from defendant's stock, and he had found-it on plaintiff's property, and prior to takinu possession of it. -he informed Mrs. Disley of what ho intended to do. 'He valued the calf at .£l6. - • ' At this stage-the case was adjourned till September IG. Mr P. W. Jackson appeared for the plaintiff/ and Mr. P. H. -Putnam for the defendant. •

BREACH OP ELECTRICAL WORKERS' AWARD. . .! l v Mr. R. T. Bailey, Inspector of.Awards, proceeded against Messrs.. Tolley and. Son. Ltd,, claiming penalty for a breach bf the Wellington electrical workers award of June 26. • The informant stated that on May 5 last the defendant compauy engaged-a man who was not » member of tho union, and failed to v tify tho secretary of the union,of such engagement. : . , . . , Tho defendant said that his son, who had' only recently returned from tlio front engaged the man. He had applied to'the union-for a man. but without success. The man engaged subsequently joined tho union, and defendant submitted that it was not a case for a heavy P Mr Bailey pointed out that the award required employers to notify the union wPain three days of the. engagement of a non-unionist. .It was not an excusable breach, although it was not.a.easo tor a heavy penalty. •■■ His Worship.imposed a penalty ot Al. There was an obligation on the part of employers to comply with tho terms of tho award? POSSESSION OP' TENEMENT. Mrs. Brown, of Antico Street, was ordered to give up possession of a tenement to Alexander Forrest,, and Mo a Mario Francis by September 30, and to pay mesne profits amounting to .u i-fe. 6d. CLAIM FOR LAUNDRY WORK. Tho Excelsior Laundry Company, Ltd., proceeded against Mrs. L. M'Cormick claiming a sum of .Cl 7 Os. Ltd., bemg cost of laundry work done by plainM for defendant. The work was (lone tor guests of'the defendant during the time she was proprietress of the Rutland Privnte Hotel. The defence was that the defendant was not responsible for the guests accounts. After hearing the evidence tho case was adjourned till September 10. Mr H. B. Anderson appeared_for tho plaintiff and Mr. A: B. Sicvwnght tor tho defendant. JUDGMENT BY DEFAULT. Judgment, for plaintiff by default was given by Mr. W. G. Riddell, S.M. in the following undefended <-ases : -J. .lacobus v. C. Crawford, lis. Gd„ costs Ss.; same v. J. Sabba, .£B, costs £1 3s. 6d.; Ellis and Manton, Ltd., v. AY. J. Cox and Co., £X& ss, Hid., costs £3 13s. ;■ Amelia Feist v, W. Grey Hall Baillic. costs only .CI Is.; W. M'Arthur v. A. Duncan, ,1 8 3s. fid., costs 155.; Cadbury Bros,, Ltd. v. H. R. Vail, .£ls ss. Gd.. costs M 10s. ' Gd.; Citv Corporation v. Frederick Gilbert Mil'lman, M Is., costs Bs.; same v. Mary .Tosephine Hill, £1 Us. 2d., costs Bs.; W. Powell v. August Bishop. £* 3s costs 10s.: J. Heyworth v.'.E. H. Buckcndge, £2 75., costs IBs. . .. I JUDGMENT SUMMONSES.. • W. 0. Wilkinson, was ordered to pay the Osborne Manufacturing Company, Ltd., tho sum of £1G Is. (id. by. September 23, in default twenty-one days' imprisonment. William Henry Napier was ordered to pay the Dcnhanl Automatic Bakery Co., Ltd.; the sum of £h is. r3d. by September 23, or undergo four days' imprisonment. BY-UTCASES SEQUEL TO MOTOR COLLISION. A charge of driving a motor' wagon negligently was preferred against William Hargreaves, who pleaded not ffuilty, aud

was defended by Mr. 0. Beere. Mr. IL Page, S.M., was on the bench. ■' Evidenco called by the prosecution (Mr,M'Eldowney) was to the effect that ou August 11 tho defendant's wagon wa3 seen coming down Adelaide Road swaying considerably..' The defendant's car was travelling at a speed of 35 miles per hour. A taxi was - travelling slowly in front, and as defendant's wagon jjasscd if struck the taxi and he then lost control of the car. Tho defendant's wagon travelled about a tjuartur of u mile after the, impact, and was going so-fast that a .witness could not get tho number of the defendant's car. The taxi was considerably damaged. A witness named Leach, owner of tho taxi, admitted that he was taking action against the defendant claiming ,£IOO damages. Witness was under tho impression that the defendant was drunk, owing to the manner in which . defendant's wagon was swaying on tho road, ' . Similar evidence was given by. those travelling in tho taxi. 1

The defendant denied bein;j drunk when in charge tof the wagon, and stated that the vehicle would not travel faster than 25 miles r«r hour. .The reason why ho did not pliil up immediately was on account ..of tho failure, of thip brakes to act. He attributed Hie causa of the. accident to the action of the driver of the Yaxi in suddenly turning into tho centro of the road. Defendant called evidence, to support -his statement. His Worship said hfl -sriis satisfied that the wagou had been driven unduly fast. The defendant would, be convicted and fined £2 and costs .£2 Is. Mr, Page further remarked that he was not called -upon ■ to decide - which vehicle - was- so negljgently driven «s to cause the accident, and all that was before the Court was'whether a breach-of the by-law had been committed.

OTHER BREACHES. motor collision imCuba Street result* ■ed in a -charge of a breach of a- city by-law being preferred against Robert Douglas Christie, ' driver of a G.P.O. motor lorry. It was stated that the defendant was driving a lorry up Cuba Street .on August 22, and signalled to a taxi which'was following to stop.' The taxi, stopped, and without any warning the lorry backed, into it, and did considerable damage. The defendant did not appear, and was fined £1 and costs £2 Bs. Upon the application- of Mr. G. Mellish His Worship granted a rehearing in this case, and ordered defendant to pay costs ".£2 Bs." '•' \-'- '

For leaving a motor-car at night time without sufficient lights, F. W. Carey was fined 10s. and costs 7s.

" Frank Noel Dowden, who drove a motor-cycle past a stationary tramcar, was fined JCf and costs 7s,

; Charlie Edwards pleaded guilty to a cliargo of driviug a two-horse lorry on the wrons side* of Dufferin Street, and stated that ho was compelled to go on to the wrong Bide to avoid a tramcar., A - fine of 10s. and costs Is., imposed.- ■ J. Seed, who left his motor-car on a park without lights, was fined 10s. and costs- 7s. For. 'a similar offence Alfredx George Wood was fined a like amount. Charles Donnelly pleaded guilty to acharge of driving a motor lorry past a 'stationary tramcar. Evidence was given to the effect that the defendant passed the tramcar at'a speed of from 10 to 12 miles per hour/ and the. distance between the tram and the- motor lorry was about C inches.. Another lorry remained sta'tionaiy at the rear of the tram, but th» defendant drove, his lorry through, to the danger of the passengers. The defendant was fined ,£2 and costs ,£1 3s.

Patrick Cavanagh pleaded guilty to' a charge of allowing two horses to wonder. Ho protested against .the action of tho ranger in .taking the horses to the John Street pound instead of to the Kaiwarrapound. The. horses iwjre found on the Wadestown Eoad, and the liorsps easily have been .taken to Kaiwarra. Tho defendant was fined 10s. and costs 17s. Od.

'• For a like offence, Arthur ,Eltoii was fined 10s., and costs 75., and Thomas Lyons, John M'lvicoll, and George Smith were similarly dealt with, Hubert Walker pleaded not guilty to charges of driving a motor-car on the wrong'side of tho road and of-being ih-cliaigfe of.;a,motor pellicle .without being in possession of a permit. Evident , was to the effect that tisc defendnrt ' drove past a butcher's cart on tho \yro

side and knocked down a pedestrian/- Defendant explained that the vehicle ' he passed was crossing in front of him. De. fendant was fined 10s.. and costs .£1 55.. for driving his vehicle on the wrong side of tho road, and tho other charge was adjourned for a week. '

A plea, of not guilty was entered toy Gilbert Thomas Wakeham when charged with driving a motor-cor past a stationary tramcar. The evidence was to tha effect that at about 5.20 p.m. on July 22. a tram stopped at Davis Street, and tho defendant drove past with his car, to tho danger of passengers alighting from tha tram. The tram conductor called out to tho defendant, who failed to take any notice. His Worship said that he would enter a conviction and order defendant to '

pay cosh .£1 12s! When S.Rayner was charged with failing to pay his train fara he stated that he liad actually paid his fare, hut admitted .over-riding the section for Which ho.had paid, Ho had been travelling on worker's ticket from Newshould have got off at Courtendy'Place, but forgot to do so. Ha had no intention, to over-rMo ; tho section, as his work was near the terminus thore. The Magistrate ordered defendant to pay the costs, 15s. ■ LOWER HUTT COURT • 'At the LowerHutt Magistrate's Court .yesterday morning,, before Messrs. G. A. Chapman.-, and J. Pearco, J.P.'s, two young men, D. W. Cameron and P.' A. Paulsen, pleaded guilty to a charge of having- committed the theft of some potatoes from Messrs, Cunningham Bros. Paulsen was fined A in default 11 days in gaol, and Cameron £2, in default seven days in.gaol.