MAGISTRATE'S COURT

Dominion, Volume 13, Issue 17, 15 October 1919, Page 3

MAGISTRATE'S COURT

POLICE PROSECUTIONS

A BAR-ROOM EPISODE Polico prosecutions at tho Magistrate's Court yesterday were dealt with by Mr. <E. Page, S.M. A plea of not guilty was entered by William .Murphy when charged with the theft of 17s. 9d.. the property of Anton Sigfrid Gustavsen. Tho accused was also charged with drunkenness, and.he pleaded guilty to this offence. Ho was defended by Mr. P. W. Jackson. For the prosecution Sub-Inspector Emerson stated that tho accused was in tho bar of the New .Commercial Hotel drinking when three sailors, including the complainant, entered. Gustavsen tendered a pound noto for three drinks and tho barmaid placed 17s. 9d. change on the counter. As he was about to collect it the Accused put forward his hand and annexed the coin. An altercation followed, and |the •participants drifted on to the footpath, where Sergeant' Mathieson took a hand in the matter .and th* accused was arrested. On behalf of tho defendant Mr. Jackeon said .that his client had also tendered a pound noto for a drink, and he thought the change-was his. His Worship imposed a sentence of one month's imprisonmont. THE ANTI-SHOUTING LAW. Arising out of the dispute which occurred in the New Commercial Hotel and which culminated in the arrest of • William Murphy on a charge of theft of 17s. 9d., the property of Anton Sigfrid Gustavsen, Gustavsen was charged with treating William Bauer and A left' Kokoleff contrary to the war regulations. Bauer and KokolefF. were also charged with receiving liquor paid for by Gustavsen. The three defendants belomred to the 6hip Bertie Minor, and are Norwegians. They had not been to Now Zealand before, could only speak broken English, and were not awaro that; they were breaking the law by "shouting." His Worship entered a conviction in each case and discharged tho accused. INADEQUATE MAINTENANCE , ... ALLEGED. . • 'A charge of failing to'provide his wife, Bridget Ann Hansen, with adeo/uate maintenance was preferred against Peter Edward Hansen. : Mr. P. W. Jackson, who appeared for the defendant, remarked' when the case was called that it was not fair treatment. Sub-Inspector Emerson, in applying for n lomand till Monday next, said that he .was not aware of the facts of the case at present beyond that he believed the .wife was in Pnlmerston North and that Hansen was arrested at Dannevirke. Hansen was allowed his liberty on his own recognisance, conditionally upon his reporting daily to the polico. •THEFT OF MONEY. ""• A charge oMhoft of a five pound note, tho property of Torrance.Hart, was pre-ferred-against a young woman, named Harriet Styles: . ','../'' Sub-Inspector Emerson stated that on Monday afternoon the accused' accosted the complainant and asked for. Is. A conversation'took place, and both proceeded up Tory Street to the Cricketers Arms Hotel, where tho complainant'produced a£s note. The accused immediately annexed it. A struggle ensued during which tho complainant was ordered'to leave the hotel. Ho went outside arid met a constable, and when the accused camo out she was arrested. She denied that she had stolen thl note, maintaining that the complainant; had given it to her. The note was found in tho possession of -tho accused. Accused elected to be dealt with snmmarilv, pleaded guilty, and was fined JCS, in default 21 days' imprisonment.

ALLEGED' SERIOUS ASSAULT. : A remand till October. 21 was granted in the case of Thomas Moore, who was charged with assaulting Timothy Lacey so as to causo him actual bodily harm. Sub-Inspector Emerson stated that on Monday a fight occurred between some of the sailors.pn-the steamer Port flacky in", "and it was.'Alleged that dimng the struggle tho' accused kicked and struck Lacey violently, with the result that he was removed to the hospital Buffering from serious injuries. ' Lacey would not be able to appear for somo time, and it -was probable that a further remand would do applied for. . . OTHER POLICE CASES. . A smartly dressed Maori youth named Tipi Rircone was remanded till October 21 on a oharge of theft of .a'motorcycle and 6ide-car, valued at .£BO, the property "of Frank Johnson. Sub-In-spector Emerson stated that it was .alleged that the accused stole the machine at Waimii-o-nmta and later attempted to dispose of it. Mr. W. G. Hellish, who appeared for the accused. .asked for bail, which was granted in the sum of .£l5O and two sureties of .£75 each. On a charge of indecency m Sydney Street Cemetery Ronald Proctor Denvcrs ■was remanded till October'2l. For disorderly behaviour whilst drunk Samuel Henry Carter was fined .&. Ernest Kaye .was remanded till this morning on a charge of theft of an overcoat valued at JB7, the property of Ernest Ball. ■„■',, Two first offenders for drunkenness Tvero each fined 10s., and a third was fined ss. CIVIL BUSINESS / CLAIM FOR LOST CARGO. The Burns, Philp Shipping Company took action against the Huddart-Parker Shippin? Co., before Mr. W.. G. Riddell, S.M., claiming £M Ds. 7d., the value of a case of goods which plaintiffs contended' should have been delivered in Wellington in accordance with a contract entered into between the parties. The goods were subsequently lost. Tho case for tho plaintiffs was that thi Roods were shipped from a Toki6 firm to W. R. Kirker nnd Co., on a through bill of lading issued by the N.Y.K. Shipping Company of Japan. The goods subsequently arrived in Sydney and were taken over by plaintiffs, who undertook to carry the ease to Wellington As plaintiffs had no vessel of their owu proceeding to Wellington they entered into a, contract with the defendant company to carry the case to Wellington. Particulars of the case appoared on h list of goods which should have left Sydney on February 22, but for some Teason this case, along with other goodf., could not be carried, and it was understood that it would be sent on later. A search was made through the Wellington Harbour Board's sheds after thft lapse of some time, but no trace of the case could be found. It had not 'passed through the Customs, nor did any record of it appear on the second ships manifest. A formal claim was mado on April 30 last, after several discussions with the defendant firm's representatives. For the defence it was stated that'no claim was made for a period of nearly six weeks, when it was too late to find tho case if it were shipped. Tho ship arrived in , February last, and th» wharves were much congested, and while the Harbour Board receipts for the cargo landed from that vessul showed a shortage., of fivo hundr.ed packages, it subsequently transpired that these packages had been landed. There was no mention of the case in the manifest, and the defendant company had no knowledge of it. . After hearing the evidence His Worship reserved decision. Mr. E. K. Kirkcaldie appeared for the plaintiffs and Mr. A. W. Blair for the defendants. CLAIM FOR COMMISSION. , In a claim for commission nmoiintii-.g 'to £ZZ 10i3. reserved iudgment was given ,bv Mr. W. G. Riddell, S.M., for the plaintiff/ W. F. Eggers, against Laura 'N. Bris'ht, for the amount claimed and costs ,-fii 2s. 'CLAIM "FOR WAGES. A claim "for wage.? in lieu of notice was decided by) Mr. W. G. Riddell, S.M., when Alexander Ferguson Rued. Bertie Smith, grocer, for £3 15s. Plaintiff had been engaged by the defendant to do odd jobs, and after being there about three weeks h(i had some argument with the dofendanjt,- who said that, if he (the plaintiff) did not like it ho knew what to

do. On tho following Saturday defendant recoived his wages, ana was dismissed. Ho contended that he was entitled to a week's notico. or a week's wages in lieu thereof. The defendant said that ho gave notice to plaintiff at the time of. the . "words." His Worship Rare judgment for tho defendant, and allowed costs J!2 17s. Mr. J. H. Scott appeared for tho,plaintiff and Mr. A. M. Salek for tho defendant.;. JUDGMENT BY DEFAULT. Mr. W.G. Riddell, S.M., gave'' judgment for plaintiff by default in the following undefended cases:—William Campbell, Ltd., v. Aidcn Smith, .£lO 12s. lid., costs £1 10s. fid.; AJlan Anderson v. Hubert Joseph Stagpoole, 155., costs 10s.; 11. Smith v." J. Colej, £o 17s. 3d., costs £1 3s. ""6d.; A. Hoby and Sons v. A. Osborne, .-£lB 11b., costs M life. Go.; J. Clark and Sons v. W. N. Bevnn, £1 7s. Gd., costs 125.; L. A. Line v. Joseph Laffin, .K-lis., coats 125.; W. Belcher v. J. It. Gallagher, .£lO 25., costs .£1 lfls. (Id.: International Importing Co. v. A. C. Frank. ,£2l 9s. ii., costs .£2 145.; NX Automatio Bakeries, Ltd., v. F. W. Meyer, costs only is.; Empire ManufocturW Co., Ltd., v. W. J. Cox and Co., .£39 iGs. 2d., costs .£2 Its.; Thomas H. Gates.v. S. S. Austin. £i 10s., casts 12*.; A. Haven, v. R. M, Henry, ,£6 12s. lid., costs £1 Ss. Gd.; J. Hey worth v. James Ogden, .£1- lGs. Ifld.. costs Bs.; James Smith. Ltd., v. W. Thomas, costs only, 103.; George Waddle v. A. W. Soouller, £2 155.. costs lis.; H. 11. Plummer v. Mrs. W. M'Clelland, JS3S IGs., costs £1 15s. . . '_ r JUDGMENT SUMMONSES. Clement Frederick Williams was ordered to pay E. N. Sutherland the sum of .£IG Bs.. by October 26, in default fourteen d<iys' imprisonment. J. Patterson was ordered to pay Jack Jacobus ,E2 2s. Gd. by October 28, in default forty-eight hours in the cells. POSSESSION OF A TENEMENT. Thomas Breedon.was ordered to give up possession of a tenement to Horace Oswold Death before November 11, and to pay '£U and costs £2 6s. BY-LAW CASES. Another hatch' of offenders wero dealt vrith bv Mr. Ej Page, S.M., for breaking the city. bv-laws respecting speed. The existence of tho police traps in different thoroughfares has had very little effect upon motorifste. Fines.of £\ and costs 7s. were imposed on the following :—G. Brott. J. Carroll, Benjamin Clifford, Courtenay Cooke, G. A. H. Greig, Edgar It. Hodson. J. Hughes, G. King, Donald Roberts. Cases against W. D. Dobson, P. J. M'Evedy, and H. G.,Eutter were dismissed. AValter Mangin, who drove his motorcar acrosß the intersection of Taronnki Street and Courtenay Place at a speed of twenty-five miles an hour was fined £2 and costs 7s. Speed across such intersections must not exceed eight miles an hour. For leaving a motor-car unattended in Willis Street Reginald Walter' Beadnell was fined .£1 and costs 7s. A fine of .£1 and costs was imposed on Arthur Griggs, who drove a motor-car at night without proper heatilights. Theodore Mattson, who trotted . his horss over the intersection of Cuba and Dixon Streets, was fined .£1 and costs £i 9s. His action was shown to have contributed towards a, collision with a message boy. Tho following offenders were dealt witli for allowing stock to wander at large :-Paul Olsen and Olive Waite, each fined 15s. and costs 75.; Frederick Arthur Stone, fined 10s. and costs 75.; Jaincs Love, fined ss. and costs 7s. • The fact that the city by-laws require that where a horse is fed in the street a nose-bag. and not merely; a sack or box. placed on tho. ground, must be used.' was brought prominently before William George Lawton, Alexander Molandor. and Young Yuen Chong, who were rac-h fined 10s. and 7s. costs for failing to observe the 1 by-law, MT. COOK TOLICE COHRT. At the Mt. Cook Police Station yesterday, before Mr. Teasdale, J.P.. one first offender for insobriety, who had been admitted to bail, did not appear and was fined 10s, in default twenty-four hours. Another first offender Was convicted and discharged. .'.- -'"'.'.. "