MAGISTRATE'S COURT

Dominion, Volume 13, Issue 65, 10 December 1919, Page 3

MAGISTRATE'S COURT

BANK-NOTE DROPPED IN A TRAMCAR j MAN CHARGED WITH ITS THEFr Theft of a 10s. note, the property of Dorothy Loniso 'Smith, was the nature of the charge preferred against John Earo at tho Magistrate's Court yesterday, before Mr. E. Page; S.M. Accused was defended by Mr. W. Perry. Chief Detectivo Boddam, in outlining the facts of tho case, stated that Mrs. • Smith .boarded a Brooklyn tram for the purpose of coining in to the city, and the accused sat opposite to her. She carried a bog-purse, which contained six single notes and one 10s. note, besides eome small change. When approaching the Dixon Street stopping-placo, Mrs. Smith opened her purse to get her handkerchief, and tho defendant got up to leave the tram.-. Another man Bitting near defendant picked up tin; 10s. note and handed it to the accused, thinking' that it belonged to him. Tho lady discovered her loss and informed the conductor. Tho accused, when questioned, said that tho noto was given to him by his cousin, but when the police called at the address given th 9 cousin repudiated the statement.

Evidonce was willed to support tho Chief Detective's statement. . The defence was that accused received from his cousin a 10s. noto to purchase some gin, and that he dropped it out of his pockot. The Magistrate did not believo accused's story, and recorded a conviction, and fined accused 4J2. Accused Was also ordered -to refund the 10s, note,

OTHER' POLICE CASES. , : The probationer officer's : report in case of a younjj mail named Hay, who was charged with theft and being on licensed premises after hours, was very favourable, and the Magistrate admitted accused to probation, and ordered him to be made the subject of y a prohibition order. While drunk, James Casey damaged a pane of glass and a mirror valued at ,£3,' the property of Cyril Mnnley. Tho de-fendant-was fined ss. for being drunk and ■£2 for doinj the damage, and was ordered to make "good the damage done. For drunkenness, Thomas Elliott was fined, £1, two first offenders were/fined Ids. each, and two others were fined ss. each.

CIVIL BUSINESS CLAIM AGAINST SHIPPING COM-. PAN.Y FAILS. • Reserved judgment was delivered by Mr. W. G. Biddell, S.M.-, in tho civil claim in which George Doughty and Company, warehousemen, claitaed from fhe iShaw, Savill, and Albion Company, Ltd., shipowners, tho sum of iESO Bs. lid. for pillaged and damaged goods. The claim was made up of 19s. Id., loss due to pillage of a pair of boots, and ,£49 9s. Id. for loss on salo of boats damaged on the voyage from London to' Welling-, ton. The bill, of-lading showed that the defendant company shipped at London on May 31, 1919, by their steamer Malatua, .thirty-nine packages of mercliandiso in apparent good order and conditifin for delivery at Wellington to tho plaintiff company, subject to the conditions endorsed thereon, the first of which excepts (inter ' alia) "injurious effects of •other goods." The defendants admitted liability for tho missing pair of boots', but denied liability for the rest of the damage, on tho ground tliat it came within thq exception "injurious effects of other goods." ,In the hold in which the boots were carried there was,a. considerable number of cases of tpirits, and among these a number of bottles were found to bo broken and tho contents lost. It-was argued by plaintiff's counsel that tho cases having been received in London in apparent gond order and (ondition and carried to Wellington, the fact that its contents were found in a damp condition;raised the inference of negligence in .their handling-or stowage, or in tho handling or stowage of other goods in the-sffme hold.

Upon the evidence His Worship did not think tha.t the defendant company could be held liable for any damage beyond that admitted. Judgment would bo for defendant company with costs i£2 Os. ' . '

At "tho hearing Mr. D. Smith appeared for the plaintiffs and Mr. M. Myers for the defendants:

MOTOR HIRE CLAIM. In a claim for motor hire brought by Mrs. N; Nightingale, taxi proprietress, ngninst P. George, farmer, Oharin Valley, for <£i, .heard by Mr. W. G. Eiddell, S.M., judgment was given for plaintiff for £3 -10s., 'with'costs iil 15s.' Mr. A. ' M. Salek appeared for plaintiff md Mr. W. G. Mellish for the defendant.

JUDGMENT BY DEFAULT. • Judgment for plaintiff by default was ■given by 'Mr. W, G. Eiddell, S.M., in the following undefended cases:—N.Z. .Automatic Bakeries Company. Ltd., v. W. Watt, i! 5 17s. sd'., coats ££1 3s. 6d.; Hope Gibbons; Sons, and J. B. Clarkson v. Sidney H. Chikle, ,£2l 6s. 10d., costs .£1 35.; Early Bros., Ltd., v. Bodrick Jl'Gregor, .{2O 17s; '6d., costs £'l 195.; Public Trustee v. John Du.ggan, £i 13s. 9d., costs <£1; Edward Ransom Gresha.ni v. A. W. Daniel,' ££i 18s., touts lis.; Dominion Dental Supplies Co., Ltd.,, v. J. C. Calder, .£8 1&. 5d., costs ,£1 '3s. od.; Levin and (Jo., LM., v. B. C. Bainbridge, - .£57 ss. Bd., costs JJ4 2s. Gd.

JUDGMENT SUMMONS. H. Gi Bates was 'ordered to pay W. Johnston £1 13s. by December 23, or go to gaol for sevon days. ' ■

TENEMENT CASE. P. Green is to give up liossession of a tenement to Mrs. Bushett by February 4/ to pay' d£o 12s. 6d. accrued rent, tnd ,£1 IDs. costs. BY-LAW .CASES.

Mr. E. Page, S.M., dealt with the bylaw cases at the Magistrate's Court yesterday. f

The case in. which Arthur Turnbull was charged with failing to keep as near as practicable to tho left-hand side of tho load was concluded beforo Mr. E. Page, S.M. The prosecution arose out of, n collision between Turnbull's vehicle, a n.olor-loTry, and a tram. Defendant's easo was that lie was proceedin galong Lambton Quay from Willis Street, and intended, to cross to Fcatherston Street, and had proceeded to do this when a tram-car approached. Defendant endeavoured to turn back, but beforo ho:could do so his vehicle was struck by the, tram. The prosecution nlleged that Turnbull was on his wrong side when the accident occurred. Hos Worship entered a conviction, and fined defendant £1, and costs. Mr. A. M. Salck appeared for the defendant.

For exceeding the speed limit owners of motor vehicles were fined t-3 follow:— Charles Carbrwrerry, 305., and costs 75.; Leo Dwan, i! 2, and costs 75.; William laivery, £2, and costs 75.; Wilfred Peter-, son, Alex M. Proctor, and Harry Scarfe, Sl)s.. and costs 7s. each.

John Smart, who left three or four loads of gravel on a public highway unlighted, was fined £1, and costs 7s. For leaving vehicles unlighted tho following were- fined:—Alfred Phillips ss„ and costs 75.; Percy James Schluter 155., and costs 75.; Francis Chapman jGI, and costs 75.; Ilenry Lnncely 10s., and costs 1f..: and John Babington was convicted and discharged.

Tho following were dealt with for leaving their vehicles unattended:—'Miss C. Baldwin fined ..£l, and costs 75.; Lar.i Eupert Ilallgreen J2l, and costs 75.; and If. Lewis £1, and costs 7s.

For permitting his eleven-year-old son to drive his horse vehicle, William John Fitzgerald was fined 10s-., anil costs 7a. Norman Gordon de Cent, who disputed tin fact that he drove his motor-cycle along Lambton Quay at an escestivo speed, was fined SOs., and 'costs 7s. John Will am Thomas, who failed to display a registered number oa the front of liis .motor-cycle, was ordered to pay court costs 7s.

Bert Cameron was convicted and discharged for driving vehicle without liav n? oMa'iied the nece.-:.-ar> license.

On a charge of failing to pay his tram fare, Clarence Dickson was eonvictcd and'ordered to pay court costs 7s. Dicksen boarded a minimum fare ear md deputed the conductor's right to demand the minimum fare, -kl., for tho journey.

' A fiiiß of. M, and costs £1 35., was imposed on Rupert Hallgreen, who was

charged with interfering with the work ot' another taxi driver. The evidence was to tho effcct Hint Ilullgreen accented a telephone call for a taxi when >lf>hould have been done by another driver. On a charge ot failing to obey the directions of the traffic inspector, Tod Stevens was fined .CI, and costs 7s.

W. Trengrove admitted to Mr. W. G. Ifiddell, S.M., that ho assaulted R. T. Emails, but under great provocation. Tie claimed that Evans had made statement;! against his reputation. The Bench took a lenient view of tho case,' and fined dofendant , r >s., and costs £1 10.?.