MAGISTRATES COURT

Dominion, Volume 12, Issue 5, 1 October 1919, Page 2

MAGISTRATES COURT

. SERtOUS OFFENCE ■ - TWO MONTHS' IMPRISONMENT i IMPOSED Mr,-E. Page, S.M., dealt with tlio police cases ;tt the Magistrate's Court yesterduy. ; .' . ... Tlio Court was cleared'during the hearing of the evidence against Euward Wil-„ liam"lsailey,',wlio was charged .with comliiiUiugau liideccnt. act in front of three little girls, Constable iCattanach said that lie apprehended the accused, who ottered wituess ss. if he would let him go. r ... The accused gave evidence on his own • behalf denying the charge. , ; ' His Worship sentenced accused to two months' imprisonment, with hard lab-, our. i . OTHER'POLICE CASES. John Todd, a seaman ou tlio liner Hoto•rata, pleaded-guilty .to a charge of absenting himself without: leave. Ho waa x ordered to forfeit iwo days' pay. , .For insobriety Thomas Da\;is. and' Frederick Barton' were each''fined. 10s. Three first olfenders~for a like offence wero deait with according to' scale. - CIVILMESS ; .. SEQUEL TO COLLISION. \ The sequel to a motor accident on the„ Ilutt lioad near Nguhiiurangn on July 12 was heard iu a' civil suit before -ilr. E. Page; S.il. The parties in the action were V. George, iaVmcr, Paparaugi, plaintiff; and: Walter H. Long, Petone, defendant. ■ - {■ The claim set forth that on the date in question the. plaintiff wis driving homo in his trap when he was struck by defendant's motor-car, which was travelling, in the same direction.' .The de•fewlant was driving the car. As a result of the collision plaintiff stated that lie suffered injuries wiiinh totally disabled him for a,fortnight: ■' HJs trap and contents wete also damaged, ho claimed .£54 lis., which included- £25, general' •damages. . ' . ( . The defendant counter-claimed for iti3 125., alleging that the plaintiffs vehiclo was .insufficiently lighted. He alleged further that the accident was due to the plaintiff's reoklesfc and negligent, driving. ■ As'a result of the collision liis motorcar was considerably damaged. After hearing part of the evidence th& Magistrate adjourned the case for. a week. .Mr. J.. A. Scott appeared for tho plain, tiff, and Sir. B. Kennedy for the defendant. . ' ..DISPUTE OVER .A CALF. ■ . Further evidence, was heard in tho cast in which Oswald Disley, dairyman, tsutni Thomas Goodey, lubourer, fdr' the possession of a Jersey calf valued at £7, Failing 'possession';plaintiff.:claimed and 'Jsa damages for detention. Plaintiff alleged that the defendant had taken tho heifer without authority. . The defence was. that tlio plaintiff was mistaken iu the identity of the animal, which defendant claimed was in reality" Ins property. Defendant valued the calf at .£lO. His Worship reserved decision. Sir. P. W. Jackson appeared for the plaintiff and Sir. H. Putnam for the defendant.-. JUDGMENT BY DEFAULT; Mr. W. ,Q. Eiddell, S.M., gave jiidg•ment for plaintiff by' default ill the following undefended cases: Bodley liros. v. IVm. Hodges, i:3 ss. Id., costs lV's.; Christopher Brown nnd-ffm. Earl v. Andrew Carroll, A' 2 105.,' costs-10s. j A. Moore v. D. IM'Kae, J33, costs 55.; Tolley and Son, •Ltd. v. A; P. M'Bride, JM 10s., costs lCs.j David I'. Matthews v. 11. P. Aslier, .£7 8s. J, 'Bd., costs (kl.; Gordon and. ' Gcjteh Pty., Ltd. v. W. Hawkins, .£7 (is, .9di, -costs ill- 3s. (id.; Johft M'Cabe v. Arthur Morthcote Woodhum. 11b. Gd., .costs 10s.;'Bannatyne and Hunter, Ltd. Mary Henrickson, .£2l 7s. 5d., cost 3 £$' lis.; Windsor Manufacturing Co., Ltd. v. Tho Gothic Co., Jill 13s. 4d., costs il lOs.'Gd.j Wliitco'mbe 'aiid Tombs,'• Ltd. v. J - jNeilson,- (Murray! itrid o Fredric, iCI 2s. costs 175.; -N.Z., Farmers' Co-opera-tive Distributing Co., Ltd. v. A. C. Bick•ricll,' <£s'os. ,4d./ costs' JDl3s. (id. s;AV; H. ■lioyd v. E. A.'Algar, .£lO 2s, 9d,, costs jCI lSs.' fid:.; 11. H. Plummer v. V. 1, Kennedy, 12s. (id., costs 6s. ■

' JUDGMENT SUMMONS. ' ■T. Fcote was ordered to pay.' N. Wilson tho sum of '«610 18s, by. instalments of £2 per month. TENEMENT'CASKS. ' Grigori .Karaiitae was ordered.'to - give up .possession of a tenement--to. Edwin jioult bv October J!),, and to pay costs jl lis.- . Henry Harvey, was made tlife' subject of ii simitar order; in- respect of Henry Kitchens, and lio was. also ordered .to pay costs.- >' ' • BY-LAW- CASES. .- > ■ •■Mr, E. Page, S.M., dealt with tlio, by-lav,--cases yesterday. ' Alfred Baker was .fined ss. and costs 7s. for allowing it horse to wahder in itiddifoi'd Street.'" . , On ' chargos" of failing' 'to drive Ins vehiclo on tlio riglit side of the road arid of' turning- from Willis Street into Qhuznee Street at a . greater speed than, six miles per hour, 'James' Iwies was fined i'l ana exists ill ss. oil each The defendant's action caused aiiv accident whereby a" telegraph messenger was/injured. ' ' - Wm. Meston was fined ss. and costs for having left a horse arid gig'unat-. tended oil a public highway without having tho wheel' locked. •■. ' ' . For driving his vcliiele across the.in'tersection of Taranaki Street and Courtsnay Place at other " than a walking pace, Arthur; Smith wasffined 10s. and costs.

Two 'informations respecting insanitary fittings Were served on Andrew Grqjg, who failed- to appear. An opportunity to effect repairs had been" given defendant, but evidence was given to the euecl' thAt nothing had been done. On ' tho charge relating to a defective waterspout, defendant was fined 10s. : and costs, and on tho second charge relating -to sewerage defendant was lined .£l, and costs.-

Horace Maylmry pleaded not guilty to n charge of exceeding the speed limit of 15 miles an hour on Lambtoii Quay. Mr. MMlldowney, on behalf of the, City Solicitor, stated that the speed of the . defendant's motor-car was registered by a stop-watch over ii distance of 110 yards. To do this distance defendant took eleven seconds. - This worked out to a speed of 20 5-11 miles per hour. Police evidenco corroborating counsel's statement w'" 3 given. The. defendant denied the allegation, and said that ho was not tra. veiling at a greater speed than 14 or 15 iuiles an hour. The speedometer registered ISJ. miles an hour when the policeman stopped him. Corroborative evidence was given by George Niveu, nianager of Hanuah's Boot Factory, who was travelling in tho car with-the defendant, 'Mr. M. F. Luekie, for the defendant, said that tho prosecution had not proved their ease, as there was no evidence .that the | policeman gave tho signal at the moment tho car passed. His Worship said that tlieto was an element of doubt,, and His information would .be dismissed; no thought the distance was too short. Thomas Moukley was found guilty on a elwrve of failing to observe a city bylaw relating to tile turning of corner and was lined 10s. and costs.'