MAGISTRATE'S COURT

Dominion, Volume 13, Issue 77, 24 December 1919, Page 5

MAGISTRATE'S COURT

DISTURBING A PERFORMANCE AFFAIR AT HIS MAJESTY'S THEATRE A recent disturbance in His Majesty's Theatre wu-> investigated in tho Magistrate's Court yesterday before Mr. L. Page, S.AL, when Jaiura .Moore appeared on eluirccs of creating a disturbance, making use of obscene language, and assaulting li. G. Waller, maiiagei' of tho theatre. The accused pleaded not guilty to nil thveo charges. According to Detective-Sergeant Juiwlc, Mooro attunded the theatre at an eyeniim's performance, and acted in such a manner that lie was spoken to by * r. Fuller. His reply vm to strike- Mr. Fuller on the nose. Accused was subsociiieutly ejected, and he then used tho language complained of. The doorkeeper, in giving evidence, said that tho audience was being disturbed by several youns men, including the accused, who threatened to "bile the nose" of the manager. Accused was ejected, ami after the interval was refused admittance, lie struck ami kicked tho witness several times. Detective Mason camo along, and warned the accused to eo home, otherwise lie would bo locked up. Accused then lost his head, and was arrested. Bavrnond Gerald Fuller, tho theatre mimnjrer. stated that Hie accused was upsetting the- performance by making quite a disturbance; in fact, for a time there was unroar

Detective-Sergeant Mason said lio noticed the accused being ejected from the t.lipntro. Witness warned him to go away. Ifc refused to do so, and wanted to fight ami made use. of obscene language. He was under the influence of liquor, and fought all tlin way to the police station. Accused staled that lie did not romemlinr much about the occurrence-, as he had been drinking when lie went to tho theatre. 110 had lost an arm in France, and had been trying for the last sixteen months to got work, but without success. The Magistrate convicted him on each count. For using obscene language he was fined for assaulting Mr. Fuller £a. and for causing the disturbance J2. Default was fixed at fourteen days' inicrisonment.

THEFT FROM A KOOM-MATE. Tho theft of .£2 10s., the property of John Benjamin Hell, wns admitted by a vuiinc Native, Jack Jlicl?s. Tho nccueed was livins in the Eeturncd Soldiers' Hostel on the Terrace, in a room with two or three other returned men. During the absence of Bell the accused broke into his locker and abstracted £2 Wi. from his clothes. Anothi-T occupant of tho room came in shortly afterwards, and he noticed that the loclccr had boon tampered with. To him the accused stated that. Bomeone had been in the room, and hud broken own Bell's and his own locker. Subsequently, accused admitted to Detective Carney ihnt he had stolen the money and spent it. Detective-Sergeant Eawlo exnlained that Hicks had seen three years' service overseas, and was dischiircod with a good character Ho was now in employment. Accused was fined £!\, with the option of fourteen days' imprisonment, and also ordered to refund the money stolen. Hβ was allowed a fortnight in which to find the amount. A CONVENIENT MEMORY. .Tames Crowther, who said that his mind was a blank with regard to tho incident, appeared to answer three charges —drunkenness, using obsccnu language, and damaging a shopkeeper's show-case. It aniiearcd that Cnm'thor, who was vory drunk at the time, went into a shop in t.'ourtenav Place, and refused to leave, wlien requested. He struck at tlio shopkwjißj,, ami a show-caso was broken in the struggle. Accused also t used disgusting language in the presence of a woman idio was iu tlio shop. Crowthor was lined as. for drunkenness, and was ordered to pjy the an.mint ol the dainase to the lihow-case. On the third chiirge he was fined ,i's, with the option of seven days' imprisonment. OTlliat CASES. Gilbert Pollock and Peter Thomas. Stewart were iointly charged with having used tliroateniiiL' behaviour on Lnmbton Quay. Th» nolico evidence was iliat Plew.irt fil.niek Pollock, and the latter re'.urned tin! blow. Dfith were under tho inlluence of liuuor wluiii arrested. The defendants, who denied striking one another. ■Ke::e both coiivictnd. Pollock being fined £]. and Stewart .21. Dii'iicl iilicliael Cotton was fined ss. for driinkenniws, and on a further charge of resisting the vvnlice a fined of £i was iiniwseil. default being fixed at seven days' imprisonment. For drunken ness, nine, first offenders were fined \arying amounts Walter M'Coy was adjudged the father of an unborn illegitimate child. A sues Cm.ley was jirantird a separation order agni'wt her husband John Cooloy, on Ihe KiMunds «f habitual drunkenness on the defendant's nart. Cooley, who made no annonranee, was nrdercit 'o •-■Tintribute £2 wv week towards her support.

RESERVED JUDGMENTS LAND AGENT'S COMMISSION. INTEHF.STTNG POINT INVOLVED. An interesting point touching a land asrcul's coimnissio'i was involved in a reKervod iudginent delivered by Mr. EPaso, S.M., in the Magistrate's Court vcterday. Tho iilainlin's, lisll, M'Kaiii and Co., fned 1. Shaw in the iiagistrate's Court at; J.ower Mutt for the sum of .£55 cmnmissiou <iu tho wile of a property which was i>ever actually carried out. The defendant gave tho plaintiffs signtd authority to dispose of certain property nn certain (onus. Tho plaintiff submitted the i)vor-?rty in n client, one Staples, and obtaine 1 from him an offer to pur(ihiise. i hi* offer they in (urn submitted to tlio defendant, who subsequently wrote to them, authorising them to accent Slhdlos'.s offer, "subject to all conditions of iitii-cliasc being carried out by Mr. Stanles." The plaintiffs therefore wrote to Sttuiles, accepting his offer. Subsenucntlv tlid defcndnnl. and Staples, by mutual <:oiiicnt. nbandnned the contract Tho defendant, however, refused to reMviiise the plaintiff's claim to commission, contoiulinir that the authority to acrpiit iriven bv him was a qualified acceutanco, and did not take effect until Shinies nctiialiy comple'ed tlw salo. I' l givin" iudgnien't fur the plaintiff for the iiinoinir <:I:iimed and the Magistrate ruled tint l!ie pliiintiffs having found a suitable buver, (lie defendant was bound bv the figreomont bfi had entered into. \t tho hiMrins: Mr. F. E. "Ward appeared fur the Plaintiffs, and Mr. Putnam lor the dfifeiidant

I CVSE AGAINST TJOUIDA-TED COM- ■ PAN!'. ]?e=orved jndsmwit was delivered by Mr. K. I'lWO. S.M., yesterday in the case in 'which the Commissioner of Stainis proceeded r.gainat the Swiford Coal Compuiv J't.l, fur failure lo obtain a -risiip.wal of its imnuiil license in pursuauco ol' section •Jβ of the .Slump Duties Act, VM. It was shewn liuit tlio company went into voluntary liquidation on AuKiist 15. 11)17. mul the iilleijal bleach was oommitlod tuior lo this dale. .1 lie defnnco «-a< that as the comiiiuiy lmd Bone out of lmsii:e«. and i'-s were in tin: liands of a liquidator, it was weinjjt from am- linhililics for oliences commil|pd iirior in i'lal dole. T!ie ilaßistrate, in Ins iudsii.cnl, held that this wns mil tlio trim dlVft of the liquidation, lie could limt iM.lliin- in the Ciunpames Act lo warrant the conclusion Hint was lirgp(i Ir. bcenied lo liim that, ?o long at I |p;i«t us ii fompimy w.is in existence, wlieIlicr in li(iuidi«Hoii. or not. H <"-';'l (1 ije prooeeded against for abroach of the law. AiKiW'pr eoi'tiMition of the dplt-uce w.'.s tlial the Riiniinoiis in thn case hail not been v.roperlv served, 'i'lic suiiinioiis was ecrved iit l!i« roistered ollico of the comDiiny upon the pcr.-on, who until the liquidation, bud been inanasin- director for the company. His Worship held thai this war- sufficient service, ami that even if it had been irregular, tlio ir-rP'uliu-itv was cured by Hie nppwirmicc of Tile rlpfcurliint in court in answer to tin; filinran. A conviction would be en-rci-pd. and a fine of £5 and costs \yns accordintrlv imposed. At tlio lienring Air. Preiuleville aiipnared for tho informant', and Mr. Treadwell for Uic defenduut company.