MAGISTRATE’S COURT

Dominion, Volume 14, Issue 205, 25 May 1921, Page 9

MAGISTRATE’S COURT

.ALLEGED THEFT OF GEMS ACCUSED ARRESTED IN SYDNEY Mr. J. S. Evans, S.M., dealt with the police cases in the Magistrate’s Court yesterday. Herbert Julius Mailer was charged with the theft at Wellington on May 5, of a quantity of diamonds, opals, rubies, sapphires, and other gems, and £27 in money, of a total value of £377, the property of Charles B. Kline. Mr. C. A. L. Treadwell appeared for accused.

Chief-Detective Ward applied for a re_ mand until June 1. In asking that bail should be fixed at as small an amount as .possible, Mr. Treadwell stated that practically the whole of the precious stones had been returned, and that there was a possibility that the matter would bo settled in ■ the Civil Court. Chief-Detective Ward contended that the bail should be fairly substantial. The offence, he alleged, had been committed in Wellington, and the accused absconded to Sydney, where he

was arrested. The facts were that the accused, a journeyman jeweller, leased a workroom from the complainant, who supplied him with gems to be made up. Mailer left for Sydhey on May 5, surreptitiously. Mr. Treadwell objected to the last statement, and remarked that several people in the city had known that' Mailer was going to Sydney.- Mailer . had a quantity of gold, the value of which was about £3OO, and this was in the possession of the police. This, he thought, could take the place of security. The chief-detective denied that the police had -£3OO worth of gold. Eventually the Magistrate fixed bail in one surety of £250.

OTHER CASE'S. For drunkenness Minnie Pomeroy, against whom there waif one previous conviction, was fined 10s., with the option pf twenty-four hours’ imprisonment. On a charge of using threatening behaviour on the Queen’s Wharf, Thomas Dqcherty was fined 10s., the alternative being twenty-four hours' imprisonment. CIVIL BUSINESS Mr. E. Page. S.M., gave judgment for plaintiff in the following undefended

civil cases: —John Williamson v. Ernesl

Biggs, £lO, costs .£3 95.; Arthur Woolf and Onslow Benge v. Reginald N. Heppell, .£154 3s. Bd., costs £8 35.; A. S. Paterson and Co., Ltd., v. S. Sturgess, £l2 17s. 6d., costs £2 145.; Osmond and Son. (N.Z.), Ltd., v. J. W. Hildreth, Mil, costs 18s.; same v. W. G. Wood, £4 7b 6d., costs £1 7s. 6d.; same v. O. S. Tyerman, .£2O 175., costs £3 Is.; Reginald Collins. Ltd., v. G. Beard, £4 Bs., costs £1 fe. 6d.; The Viceroy Tea Co. v. S. H. Alvis. £8 Ils. 3d., costs 431 16s. 6d.; same v. S. Aitken, £'> os. 3d., costs .£1 10s. 6d.; same y. W. Brannigan, £ll Bs., costs £3 3s. 6d.; same v. Joseph Bradley, £26 19s. 9d., costs £3 95.; E. Reynolds and Co.. Ltd., v. E. Porter, £177 Ils. 3d., costs £3; Hope Gibbons, Ltd., v. G. E. Weaver, £l6 2s. Bd., costs £1 35.; Whitcombe and Tombs, Ltd., v . D. M. Orr. £2 6s. 6d., costs £1 3s. 6d.; S. F. Fisher v. F. Parsloe, £7 55., costs £1 10s. 6d. JUDGMENT SUMMONS. In a judgment summons case, J. T. Biggs was ordered to pay Graham and Co.. £5 6s. 6d., in default five days’ imprisonment, warrant to be suspended so long as he pays £2 per month. CLAIM FOR REFUND OF PREMIUM. William Al'Donald (Mr. C. Tanner) proceeded against Edgar Paintin (Mr. A. B. Sievwright) to recover the sum of £5O, alleged to have been paid to the defendant as a premium in respect to the adoption of a child, and £6 legal expenses incurred in respect of the adoption. The defence was that all that defendant received was £l5, which was to be expended on the child. The defendant had refused to proceed with the adoption. Mr. J. S. Evans, S.M., who heard the case, said that if £5O had been paid by way of premium for the adoption of a child, then the plaintiff could not recover. as the payment of a premium in respect to adoption was illegal; but apart from that he was not satisfied that £5O had been paid to the defendant. The defendant admitted having received • £l5 to be spent on the child. Furthermore, the plaintiff agreed to accept £6 in setjtlement of the claim, that being the amount of the legal expenses incurred, and which the defendant had agreed to pay. Judgment was given for the plaintiff for £6 and costs. FARM MANAGER’S CLAIM. John L. Radcliffe, farm manager (Mr. 11. F. O'Leary), proceeded against Rob-

ert Hannah (Mr. A. W. Blair) to recover £76 55.. alleged to be the balance of wages due. The statement of claim set out that on April 7, 1920, the plaintiff commenced work as farm manager for defendant at Lower Hutt, remaining in that capacity unhl November 27, 1920; that prior to April 7 plaintiff attended a sale of stock at Lower Hutt for and on behalf of defendant, and had been engaged all day; that during the term of his employment with defendant he expended moneys for defendant, and on tho termination of his engagement sold certain goods and chattels to the defend-

ant. The defendant, it was alleged, had not paid the • balance of wages to plaintiff, and the amount claimed was alleged to be duo. The defendant disputed several of the items in the claim. The Magistrate, Mr. E. Page, S.M., disallowed some of the items, and gave judgment for plaintiff for £69 Bs., less £4O 195., paid into court, and costs £5 12s. BY-LAW CASES Mr. F. K. Hunt, iS.M., dealt with the by-law cases. Auguste S. Romain pleaded guilty to driving a milk-cart in Riddiford Street in a negligent manner. The horse attached to the vehicle got out of control, and the cart collided with a motor-car. Romain was ordered to pay costs totalling 435. For having no lights on their vehicles, Peter Barker and Samuel E. Williams were each fined -ss. and costs. Clifford Peel was fined ss. and costs 7s. for leaving his motor-car in the street unattended.

lor driving a milk cart at an excessive speed round a, street corner, Albert J. Williams was fined ss. and 7s. costs. David W. Miller was fined 10s. and 7s. costs for driving his motor-cycle at an excessive speed.

to stop his motor-cycle in Cuba Street when requested .to do so, Edward Evans was fined ss. and 7s. costs. John Millanta was convicted and discharged for hawking fish without a license.

Robert M'G’ee was fined IQs. and 7s. costs for exceeding the speed limit