MAGISTRATE'S COURT

Dominion, Volume 12, Issue 308, 24 September 1919, Page 3

MAGISTRATE'S COURT

v POLICE CASES

FINED £20 ?OR ; THEFT

•Mr. B. Page, 5.M.,: dealt iVitii ' the police cases, at,.the: Magistrate's Court yesterdayr • ■■-. - ■•■■■> ■■ ' ■ • A fine;of ~£2p. was imposed' on Robert Sutherland -Taylor,, who pleaded guilty to a charge of;, theft of 24 tins of boot polish ahd ; .*..packet! of.'ointinont, valued in all dt>2ss.y the property of the Wellington Harbour. Board. . Sub-Inspector 1 ./ Emerson said that oa Monday the'-accused,' who was a cartel in the employ of the New Zealand Express _ Company, was ■' engaged-' in •' some • carrying work''On'-the wharf, and whilst in one of the sheds he was asked .to assist in repairing some eases which •had become danisiged.... Whilst he idid this he appropriated, the articles men. tioned in the information and-placed ,'them in a feed bag. A Harbour Hoard employee saw the act committed, and Constable Graham arrested the offender. 1 •Mr. .P. W. Jackson, who appeared for the accused, asked for leniency, and •pointed out that Mb client had - not previously been in trouble and in- "a ■weak moment had slipped from the path of honesty. : - , His Worship, in fining the accused, said that the olass •of offence was be«. coming 'altogether too common. >; The defendant wa6 fined iB2O, or 21 days' inn. 'prisonment. ...'.-.'

. OTHER PROSECUTIONS. Whilst" drunk John ' Bramley" visited •his wife's property during the currency of a separation order and caused con. 'eiderable ;ti'ouble. The police evidence was to' the effect that the; defendant went.up to his wife's house and demanded to see her. The police were called in and the'accused was arrested. His Worship remarked that undoubtedly drink was the cause of the trouble. Defendant would be convicted .and fined 53. for drunkenness, and would be ordered to come'up •. for- sentence .when called upon within 12 months for trespassing. ' Roderick M'Leod, who admitted charges 'of drunkenness, breaking the terms of his -prohibition order, •■ ■ and; entering licensed premises, was 6ent to Roto Roa for -12■'months;'■-• The defendant said that since he had returned 'from We front he did not"seem to have,the same will-power, and he was unable to leave the liquor alone. ■( He thought a term : at Roto'Boa -would do him good.

Peter M'Carron admitted making' use 'of obscene language in Willis Street and ,also : damaging a leadlight window, .the property of Charles Priestly, valued at -£i: ■ Defendant was fined £2 for using, the language, and oh the other charge was,fined £3 and ordered -to imake good the damage done.. - A sentence of. seven days' imprisonment was imposed on Daniel M'Farlano, Trio admitted, conilmitting' a grossly- indecent act on Lambton Quay. Fined ss. for ,; drunkenness, James Coleraino was fined £3 on a charge of using obscene language. A further Temand till September 20 was granted in the case of Nellie Hadfield and James AValker, who were jointly charged with being concerned in the management of a house.of ill-fame. Bail was allowed in the sum'of .550 in each 1 .case., ■'■

One first offender for drunkenness was fined.ss.. > ' . On a charge of failing to provide his wife, with' maintenance, Robert Prydo Turnbull was remanded to appear at Dunedin. <.

CIVIL BUSINESS

■ ■ ■ TAXI-DRIVER'S CLAIM. ' . Before'. Mr. V E. Page, S.M., George Waddle, taxi-oar proprietor, proceeded against Walter Stanton and William Grant Daville Evans, taxi-car proprie. tors, claiming £2 ss. for the. Hire of a motor-car on June 1, 1916, for a journey from the Railway Hotel to. Lower Hutt , and return. Tie plaintiff stated that he' h,ad.a ring ■ from the defendants,, and. in response ] to ', their request took Ms car to the •'{ Railway'. Hotel and "there took up' the' . • fare- for the; Lower Hutt.. He .subse' '■ quently approached the" defendants for -'.' a settlement, but they refused to pay. / ' The defendant said that'there, was no . record in his books of car haying been ordered from the plaintiff, and he-could only wit the case down to a. hoax.'Since the date of this engagement defendants hail engaged the plaintiff's car for spe< rial -services. After hearing. the evidence His Worship nonsuited the plaintiff. --- ~'•,,■ .sir. 0. C. Mazengarb appeared for _' the: plaintiff and Mr. W. L. Eothonberg for the defendant...

CLAIM FOR DAMAGES. J. Bradley, neurologist, proceeded against E.D. Barber, carrying on business as Barber and Company, butchers, before Mr. W. G. Riddell, S.M., claiming the sum of jBS 15b. for damage done to plaintiff's'motor-oar. In May last an employee of the defendant was delivering orders in Street, Oriental Bay, when the horse in the cart bolted durin? the absence of the driver. The cart collided .with the plaintiff's car and did the damage which'was. the subject of the claim. The defendant had said that he would pay for'the, damage done, but later repudiated liability. After hearing the evidence His Worship, gave-judgment for the '.. plaintiff without costs, Mr. J. J. M'Grath appeared for the plaintiff and Mr.'A. W. Blair for the defendant.

ENGINEER CLAIMS PAYMENT. . Alexander Ross, engineer, proceeded : against Stanton and Evans, claiming a ; Bum 01 .£5 19s. 6d. for the supply of a crown wheel ordered by the defendants. After hearing the evidence His Worship (Mr. W. G.'-Biddell, S.M.) gave i judgment for- the amount..olaimed and costs. ■ . . . , . Mr. E. M. Becchey appeared for'.the plaintiff and Mr. W. L. Rothenberg for the defendants.

DECISION RESERVED. Before Mr] W. G. Biddell, S.M., J. H. Flockton and Co., indent agents and importers, proceeded against E. D. Bennett, of -Wanganui, claiming .£195 18s. in respect of a contract for the Biipply of'-144 dozen bicycle pumps. The case hid been previously, before the Court and yesterday further evidence was lieanrd, ' , For the defence it was contended that the contract had been rendered void by the action of the plaintiffs in supplying retailers in contravention of a condition agreed upon by tho parties. The plaintiff maintained that thero had not been any breach of the contract, as tho retailers had been supplied be: fore the transaction between the parties to the dispute was mado. His Worship reserved decision. Mr. : A.'Gray, K.C.', appeared for the plaintiff and Mr. T.. Neave" for the defendant. *

' TENEMENT CASES. . . Before Mr. B. Page,' S.M., Alice Caroline Wood, as trustee in the estate of Samuel Wood, deceased, Robert Bryden, and Phillipina-Emily- Bryden, ■proceeded against Thomas Glensor, of Britomart Street, claiming £12 by way of mesne profits and damages said to be suffered by the plaintiff through the failure of the defendant to surrender possession of a tenement, and a further sum of 415, the value of a chestnut tree, whioh was alleged to have been out down during the period of the defendant's tenancy. After hearing the evidence His Worship gave judgment for 41 10s. and costa William Burton, of Tasman Street, ■was ordered .to give up possession of a tenement to- Patrick Kennedy, contractor, of • Wellington, by October i, and to pay accrued rent-ill 10s. and costs 42 7s. ■ .. JUDGMENT BY DEFAULT. > Mr. W. G. Eiddell, S.M.. gave judgment for plaintiff by default in the following undefended civil cases: Early Bros., Ltd v. D. Gonley, £1, costs 10s.; M. Irons v. C. Harding,'4l lfl. 6d„, costs 5s ; J. Houston v. Tom • Kelleher,..' 41 foe 10d., costs 75.; Gordon and Goroh t J M. Powell, 47, costs 41 3s. 6d.; Tt. Hannah and Co., Ltd. y. D.-B. Hewitt, €2 55., coats 123.1 Hallerastein Bros., Ltd. v. C.-M. Campbell; 410 lto. . 9d., roats JBl lto. 6dy-.C. mid A. Odlin Co Ltd. v. Mrs. Caroline Wallace, M ■BVjger, £9- Bft, oMfc <n».W.; Early

Bros., Ltd. v. E. Andrews, 10s., costs iCI 3s. Gd.; same v. Bayly Harrop, .£3 17s. 6d., costs 18s.; same v. P. G. Budd, J620 7s. 6d„ costs % JE2 lis.; J. J. Eason and Sons v. J. H. Doyle, .£26 3s. 10d., costs £2 145.; Smith and Smith, Ltd. v. J.: Smith Andrews. ,£3..03. Id., costs M 3s. , -.: - : '

; JUDGMENT-SUMMONS. In a judgment summons case D. Campboll was ordered to pay J. Campbell. £o 33. by October/7 or to go to gaol for three; days.-\ ' . f . BY-LAAV CASES. * ■ Mr. E. Page, S.M., dealt with the bylaw eases yesterday;. Mr. prosecuted on behalf of the -JCity Solicitor.

A fine of JOs. .was imposed on Benjamin Campbell, who left his motor-car at night without'-- lights' attached. George ■ William AVilley, who was re-' presented by Mr. D. Jackson, was Charged with smoking in a fruit market. ■■■ Evidence .was,,given by.a city corporation inspector-who saw the defendantsmoking iii the market at 10 o'clock in.the morning, He.knew that tho defendant had been previously warned for; smoking. Tho defendant'.was standing near the fish market—in fact, he was standing quite close to tho fish. The defendant gave evidence on his own behalf, and said that : the sale of fish-was -over and he was smoking well away from-any foodstuffs. He pointed this out to the inspector at the time but admitted that ho had, together with others, been warned against smoking in .the market. His Worship said, that he was satisfiod that the defendant had committed the offence unwittingly. ' He had left tho market and had returned to communicate, with-the office.. The defendant would bo fined ss. and costs 7s. His Worship wished it to be understood .that he considered that the by-laws providing ajniust-smoking in fruit marKets should be finnly enforced. A fiho of ''ill was imposed on F. H. Broderick, who drove his vehicle on the wrong side of " • W. .Hamilton was fined 10s., in default two days' imprisonment, for failing to havo lights attached to his lorry. ■ Walter Jones and L. A. Jones were each convicted and ordered to pay costs 7s. for-failing to when ordered to do'so by a police constable. A-charge of having driven a vehicle on the wrong side'of tho road preferred against P. Daly ..was dismissed. For failing to havo a rear light attached to 'his motor-ear, V. lliddiford w<is fined 10s. and costs 7s.

On a-charge of'having carted offensive matter through the city streets VV. Jennings w'as fined 10s.' and costs 15s. Vincent Carbury, who drove an un< licensed vehicle; wns fined £1 and costs. William Hedges and T. Monahan were eaoh fined 10s. and costs 7s. for allowing horses to wander. For' a like offence AV.:Hadley was ordered to pay costs 7s. On a charge of being an unlicensed driver, in charge of 'a vehicle plying for hire, J. 11. Rogers was fined 10s. and costs 7s. - 'Similarly charged Percy Hicks was ordered to pay Court costs 7s. William John Walling was fined 10s. onony charge of being an unlicensed driver of a vehicle plying ior hire for passengers, and on a second charge was ordored to pay costs 7s.' For being in charge of an unlicensed N v.ehicle AValiing was ordered to pay Oburt costs 7s. . Under the impression that they could sell fiowera witnout having a hawker's license, E. Huuter, F. Hanson, and H. F. Hume were each convicted and ordered to pay Court costs 7s. They could sell perishable foodstuffs without a license, but it was necessary to havo a license to sell flowers.

A number of cases of exceeding the speed limit were dealt with as follows:— iire. L. Dwan, ordered. to pay Court costs 75.; lan M'Ewan, fined 55.; A. Scoullar, fined 10s.; C. H. Young, fined 10s.; C. M'Kellar, fined 305.; Edward Edgecombe, fined 305.; and J. Bondgrave, fined ss. Charges of permitting unlicensed motor-buses to ply for hire, and of fail-1 irig to register a motor-bus in his own. name, amounting to eight in- all, were preferred against F. T. Moore, of Johnsohville. , The informations were based on a report by the oity motor inspector, w*ho said defendant's oars were plying for hiro'at the corner of Bowen Street on a date of the last AVellington Racing Club's meeting. The defence-was that three; of the buses were. by the Racing Club to take officials and friends to Trentham. Defendant was paid by the Racing Club for the buses, one of which left the. Midland Hotel; another left the AVellesley Clubhand the third Bowen Street. The other two care never came to tho city, but left direct from Johnsonville. This engagement for cars did not constitute plying for hire—no fares Were paid to tho driver, but the Racing Club paid a lump sum for the three cars to tho. defendant. After hearing the ovidence His AVorship dismissed, the informations. Mr. D. Jackson appeared for the defendant. John Garrett was fined £1 and costs 7s. for driving a motor vehicle without a license.