MAGISTRATE'S COURT

Dominion, Volume 12, Issue 304, 19 September 1919, Page 3

MAGISTRATE'S COURT

POLICE AND CIVIL CASES SHIP'S FIREMAN STRIKES THE CAPTAIN * Mr. E. Page, S.M., presided over a sittiusr of (lie Magistrate's Court yesterday mid dealt with tlio police cases. Thomas Hardiman, a fireman on board tlio s.s. Durham, was chained with absenting himself from the. ship without leave, also with, assaulting Captain J. Watkins, and* further with damaging a coat belonging to the chief steward and valued at M. Mr. G. Watson appeared for the captain of the vessel. According to the evidence Hardiman had, not doiio a stroke of work on the vessel since it came into port on Monday hist, merely going on board for his meals lf and then in a more or less drunken condition. On Tuesday ho went aboard about midday and went'up to the captain, wiio was then ongaged in conversation with _ tho chief steward, and struck the captain n violent blow on the face without tho slightest provocation. Tlio chief steward closed with tile man, and in tlio struggle his coat was damaged. Evidence was givp.ii .bv Captain Watkins, the .chief steward, Richard Swift, ■ and - -I'. G. Uootta.il, tho chief engineer. The latter stated that the man had worked well until -Monday, but since then he had not done a stroke of work. Hardiman was convdeted on all three charges. On tho first he was fined £2. in default three days' imprisonment. For striking tho captain ho was sentenced to 21 days' imprisonment, and for damaging the chief steward's coat ha was ordered to pay the amount of the damages, M, witnesses expenses, Court costs, and solictors fee. Charles Davis, another fireman on the same steamer, was convicted of absenting himself from the ship without leave, and also with disobeying the lawful command of tho second officer. Davis, it seemed, only recently joined the vessel and had done very little work. On the first chafe Davis was fined JB2 and costs and ordered to pay solicitor's fee 215., and on tho second charge he was sentenced to two days' imprisonment. For committing a breach of his prohibition order Edwin Oxley, was fined 20j. and on his third conviction tor drunkenness he was fined 10s., the alternative being three days' imprisonment. Edgar Ernest Bartlam was sentenced to 21 days' imprisonment for the theft of ft kit of plasterer's tools valued at £i>, the property of James Dunnaehie.- On Aiigiwt 28, Dunnachie was working in Cable .Street and left his tools on the premise*, and on the following morning tho tools were missing. The police were notified and the kit of tools was found in the i possession of a second-hand dealer n to whom it had been sold for 7s. Gd. -The Magistrate refused to order a refund ot 7s Gd; to tho 6ecoiid-hand dealer, His Worship intimating that ho had his remedy in a civil action. CLAIM FOR WORK DONE. Alexander Boss nnd Co., engineers,. Wellington, proceeded arainst Cooper and Curd, engineers, of Pukekohe, to recover tho sum of .£ls Is. for work done and services rendered in the manufacture ot a crown wheel for a motor-car. Mr. h. Beechev appeared for the plaintiffs and Mr. W. G". Mellish for the" defendants. The defendants had refused to meet the claim on the ground that the wheel supplied was not in accordance-with tlio specifications - . After hearing evidence Mr. ~W. 6. Riddell. S.M., gave judgment for plaintiffs for JBI2 Us. and costs and expenses.

CLAIM FOE WAGES. William George Chandler, driver, for whom Mr. J.. Scott appeared, sought to recover from John Campbell, carrier and forwarding agent, represented by Mr. C. B. O'Donncll, to recover £% lis. Gd., being one week's wanes which.he alleged whs duo to him.as recompense for his wrongful dismissal. The defence was that the'plaintiff had been guilty of disobedience and. was therefore rightly dismissed summarily. Mr.'l 3. Page, S.M., who hoard the case,.reserved his decision, UNDEFENDED CASES; 1 Mr. W. G. Kiddell, S.M.. gave Judgment for plaintiff by default lh'.the.following cases: Mrs. C. l'alamoutai'n v. J. W. Bryant,'.£9 14*. 3d., costs <C 1 3s, Gd.; A. S, Paterson and Co., lid. v/-Cunning-ham: 8r05.,-.£31 17s. Oil., costs M lis.; Mary Ann Elizabeth Wudliam v, Benjamin Wadham, .£36 lGs. Bd., costs M Is.: John Odlin and Co.. Ltd. v. Mrs. M. Hu?hes, «ElO 10s„ costs .£1 10s. Ou.; K J. Johniinson v. Maud Jones, .£5, costs 20.5. 6(1.; Osmond ond Son (N.Z.), Ltd. v. Wharo Tuketahi, .£3 25., costs £1 Bs.; Fame v. Ngawnka. Epita, £1 135., costs 10s.; Mrs. C. Pnlamoutain v. Thomas To Puni, £& 15s. Cd., costs ,£1 Bs. 6d.; Davis and Clntcr v. A. E. Exlcy, £1 15s. .3d., costs c£l IU. Cd.; Wellington Tailors. Union v. A\ Saunders. .61 its., coats ss.; 1 Sharland and Co., Ltd. v. A. E. Tyer and Co., .£l3 12s. Id., costs .£2 Os. Cd.; Robert Win. Jones v. V. C. Brake, .fili 17s. Id., costs-XI lfls. Od.i George James Stookvvell v. William Mitchell. £5 10s., costs 235. Gd.; Fulton and Co. v. Hendry and Bardsley, dC7 10s., costs 235. Gd.

JUDGMENT SUMMONSES. ■' In 'judgment summons cases J. J. Hay was ordered to'pay F. -D. Kesteven £ai 13s. .by instalments of £1 per week, and. also to pay Erie John Taylor .£l2 ■Is. bv instalments of £i per month. D.'R. MacDougall was ordered'to pay Kr'nest Gregory I'ilclier £W !te: lid. byOctober 2, in default seven days' impnSCittlilCUt. A TENEMENT' CASE. Cha-rlea Dixon was ordered to give up possseaion of a tenement and pay .£1 I'M. costs to Alexander lloss.b'y October 9. PUBLISHING A BETTING CARD. Before Mr. E. Page, S.M., a young man named Thomas Eist was charged with publishing to one George Cameron, -a iv document which contained a notification as to betting on horse races run at Christcluirch on August 12 and 14, to wit, the Winter Cup and Grand National Hurdles. ■ Mr. M. Myers apneared for the detenuant and entered a plea oi not guilty, Mr. Myers contended that the case as presented did not conle under the section of the Gaming Act. It had not been proved that E.ist was a bookmaker or that his business related in any way to betting. His-Worship reserved decision. CHARGE OF ASSAULT. William Reid Guthrie and Frederick Jones had an altercation and the former proceeded against the latter for assault, The parties were engim-ers on the steamship Durham, and on September 0 they hail a. disagreement which resulted in something in the nature of a fight. The Magistrate, .after going into the facts of tho ease, dismissed the information. _ Mr. W. G. Mollish appeared for the' plaintiff and Mi C; v B. O'Donnelt for the defendant. .'