MAGISTRATE'S COURT

Dominion, Volume 13, Issue 35, 5 November 1919, Page 2

MAGISTRATE'S COURT

CARRIED ON TO LVITELTON

PECULIAR POSITION Patrick Murphy was charged that, Iking a person held to Imil to appear (it the Supreme Court at Wellington on November 3, he left Wellington on October 31, and was about to abscond for tlie jmrijosc of evading justice. The accused was committed to the Supremo Court for trial on October 15 on a chafgo of indecent usault. Murphy was represented by Mr. Ci. W. SKlish, and pleaded guilty. According to, Chief-Detective Boddam, Mr. W. llannafin, tho defendant's bondsman, hearing that Murphy had left by steanlcr fo& Lyttclton, made application that the bail bo estreated and the accused arrested. When in Lyttclton 'Murphy sent n note to Mr. llannafin stating that he wa.s coming back to Wellington by tho fir.it steamer. This hfi did, ami on arrival was arrested by Detective-Sergeant Bawle. Mr. Hanuafin would not again givo sureties for him. Counsel for the defence explained that Murphy had boarded the Malieno to seo some friends who were going away. On preparing to leave tlio ship ho found that she had moved from ti\o wharf. Ho was accordingly carried on to Lyttclton. As soon as he arrived there .ho sent a telegram to Mr. Hannafin outlining tho circumstances. Ho came back to Wellington and was in the Supreme Court to 'answer to kis bail when ho was arrested. Mr. Hannafin now accepted tho accused's version of his absence,, and was prepared to go bail for him again. In view of tho extenuating circumstances the Magistrate dismissed the charge. Bail was again allowed in the sum of .£IOO, with one surety of .£IOO.

OTHER CASES. .Charged with tho theft of six bottles of la-vender water, valued at £3, tho property of Alexander Young; Frank Boffa> was remanded for a week ou the application of Mr. P. W. Jackson. Bail was u'lowed in tho Bum of ,£2O. For drunkenness, George William Jackson was fined 105. ' Two seamen named John Duffy mv\ Daniel Carberry were each fined JE3 on a charge of using obscene language in Mole.worth Street. Default was hied at seven days' imprisonment. The charge of theft aaginst Walter Stoning was withdrawn, as tho police reported that the. accused's version of the case and the trial at Carterton was correct. Stoning had previously been arraigned on the charge of theft of a kit of carpenter's tools at Carterton, but the charge was dismissed. On the charge of failing to provide his wife with adequate maintenance Stoning was ordered to pay £1 per week. civoosTness DISPUTE OVER OIL ENGINE. , Before Mr. W. G. Riddcll, S.M., V. Jack, engineer, proceeded against George Sheffield, of Trentham, claiming M ss. 3d., being the cost of repairs to an oil engine. Tho defendant counter-claimed 'for .£9l ISs. Gd., and in support of this he said that in April last the plaintiff agreed to effect repairs to the engine, which was used in connection, with a moving picturo show at Trentham. The engine was returned, but only worked for a few iftiys, when it again broke down, and it was sent for repairs to another firm. Theso repairs took 23 days, and cost .£ls 18s. Gd., during which time the picture performance had to be discon* tinned. /■

After hearing the evidence His Worship gave judgment for the plaintiff on -ttii: claim, and nonsuited the defendant on "the counter-claim, with costs amounting to £3 13s. Mr. A. M. Salek appeared for the plaintiff, and Mr. J. H. Tripo for the defendant. RETURNED SOLDIER'S .CLAIM. W. Nixon, u returned • soldier, sued Joseph Stanley, a driver, bejfore Mr. E. Page, S.M., for the return of a watch and chain or its value, .£ls 7s. 6d. Nixon, before going to tho front, put the articles in pawn and gave the ticket to the. defendant, stating: that if he returned alive he would require it back, but if he got killed the defendant could have tho articles. Plaintiff came back from the front and saw the defendant, ■who refused to give up possession. The Magistrate ordered defendant to give up possession within three days. Mr. P. W. Jackson appeared for the plaintiff and Mr. W. G. 'Hellish for tho Jel'eudant.

JUDGMENT BY DEFAULT. Mr. W. G. Eiddcll, S.M., gave judg. ment for plaintiff.by default in tho following undefended eases:—Denhard Automatic Bakery Company, Ltd., v. S. H. C. 'Smith, XI Bs. 3d., costs Bs.; J. Murray v. Thomas Tvrec, X"2 Is. 3d., costs 10s.; Hallenstein Bros., Ltd., v. W. A. Terrill, .£« fo., costs M 3s. 6d.; D. Million v. li. C. Hidings, .£9 9s„ costs £1 3s. Gd.; E. and E. Tingey and Coi, Ltd., v. S; G. I'oindestor, .£2 Os. Gd., costs 10s., same v. A. B. Eeade, £\, costs 55.; J. J. Nivcon and Comr/any, Ltd., v. C. W. Aucell, m Gs. Id., costs JBI 10s. Gd.; D. M. O'Sullivan v. H. C. Wainwright, .£lO, costs .£1 3s. Gd,; Edward E-ansome Grcsham r. J. J. Duncan, i' 3 18s., costs 10s.; George and George, Ltd., v. A. E. Smith, £i Gs. 9d„ costs 10s.; N.Z. Automatic Bakeries, Ltd., v. J. J. Duncan, M Us. Id., oosts JBI 3s. 6d.; J. Heywortli v. L. Swenson, £i 19s. 5d., costs 135.; James M'DonaM v. Tliomas O'Donoghue, £ii 10s., costs £2 lis.; N. C. Witch v. Lan Grant, .£5, costs .61 os. 6d.

JUDGMENT -SUMMONSES. M. J. Hazier was ordered.to pay R. 11. Harden the. sum of £27 Gs. by Novem'ber 25, hi default to be imprisoned for Invcnty-one days. Harry Wright is to pay Carl Albert Sehauer X 8 18s. by November 25, in default to be detained in priHon for seven days. TENEMENT CASE. In a tenement case, Charles Gason was ordered to deliver up possession of promises to John Madson by December 10. BY-LAW CASES. Before Mr. E. Base, 5.J.1., Agnes Taske.r was ordered to pay 12s. Gd. cost 3 for failing to register her dog. William Hall, taxi-driver, was lined 10s. and costs 295. for threatening to awniilt M. H. Wnli. The defendant explained . that Wall had taken his jobs on the stand, and becoming annoyed ho challenged Wall to a fight. He admitted having lost his temper.