MAGISTRATE’S COURT

Dominion, Volume 15, Issue 56, 30 November 1921, Page 9

MAGISTRATE’S COURT

CONSORTING WITH THIEVES POLICE, CIVIL, AND BY-LAW CASES Mr. I 4 ’. K. Hunt, S.M., heard the police cases in the Magistrate’s Court yesterday morning. John. Hooley, a fireman on the s-s. Sussex, was charged with assaulting Angus Murray, second engineer of the vessel. Tho facts were that Hooley became intoxicated and failed to turn, to when it was his time for duty; the second engineer went to the forecastle to order the man to work, and was there assaulted by Hooley. Accused was fined £5 and ordered to be placed on board the vessel prior to her sailing. Thomas M. McGill, described as a commercial traveller, was charged with the theft of £2O in money, the property of Harry Gotlieb. This was a private prosecution, and the hearing was adjourned to Wednesday, December 7. Bail was allowed in one surety of £5O, or two of J 225 each. John Dalton and William Murphy, firemen, were charged with being i e and disorderly persons in that _ they habitually consorted with reputed thieves. Both men bad records Detective Tricklebank said that they had not worked for a considerable time, and were both well-known criminals. They were sentenced to three months imprisonment.

CIVIL BUSINESS Mr. W. G. Liddell, S.M., heard the civil cases and gave judgment for plaintiff by default in the following:—B. i*. Lempriere v. John Wilson XL, costs £3 Ils.; Spackman and Thompson v. Mrs. C. Harding, £3, costs XI 18s. 6d.; Whitcombe and Tombs v. E. V. X ercoe, X 3 lGs. 3d., costs .£1 18s.; Margaret M. Sommerville v. Martin Carroll, £4 10s., costs £1 6s. 6d.; Queen Motor Garage v. Dudley H. Byrne, XI ss. M., costs Ils T. B. Barrell v. l ? uller, 18. 2d.,’ costs £4 18s. 6d.; F. J. Pinny, Ltd., v. F. O’Neill, X2 19s. Bd., costs XI As. 6d • J. T. Lewis, Ltd., v. F. O’Neill, X-0 2s.’ 2d., costs £2 Ils.: E. T. Taylor and Co. Ltd., v. F. J. O’Neill, Xl2 19s. 4d., costs £2’Us.; George and Doughty, Ltd., v. G. Grainger, Xl9l 18s. 2d., costs £8 18s. JUDGMENT SUMMONS CASES. John Williams was ordered to pay the Wellington Plumbers’ Union £2 12s. by December 13, in default 48 hours’ imprisonment. Herbert Avern was ordered to pay D. Toomer £4 Os. 6d. by December 13, in default three days’ imprisonment. Donald Graham is to pay the boutll Pacific Mortgage Company Xll ss. by instalments of £2 per month. Walter Mill was ordered to pay Katherine Tier 375. by January 12, 1922, in default to undergo 48 hours’ imprisonment. BOTH PARTIES NONSUITED. F. Frazer, of Johnsonville (for whom Mr W. E. Leicester appeared) sought to recover from P. J.. Thomas, of Wellington, taxi proprietor (represented by Mr. J. M. Dale) £l4. 16s. 6d. for damages to a motor truck, such damage, it was alleged, having been caused by the negligence of the defendant. The defendant counter-claimed lor. £26 13s. 7d. for damage caused to his motor-car. lhe vehicles collided on Seplemlfer 4 at Frazer’s Bend, Oharlu Hoad. Tho evidence showed that tno motor-car was 'being driven in the centre of the road, that*’ both' vehicles were driven at reasonable speeds, and that the drivers kept , a good look-out. The Magistrate reviewed the evidence nt some length and expressed the opinion that negligence had not been proved by either party, in his opinion the collision was an accident and Inevitable under the circumstances, so that neither party could recover. Both parties were nonsuited and no costs were allowed. CLAIM FOR DAMAGES.

In the case of Arthur Hamilton (Mr. A. B. Siovwright) against E. McLaren (Mr. P. W. Jackson), n claim for £l6O damages for alleged wrongful entry and ejection (there was a counter-claim for X2O 10s. 3d. for minor injuries), judgment was given for plaintiff for £3O, with costs £5, and for. the defendant, on the counter-claim fori £3 ss. 3d., and costs £1 Ils. BREACHES OF BY-LAWS

Mr. F. K. Hunt, S.M.. dealt with offenders against the by-laws. Mr. J. Gastein was convicted of riding ft motor-cycle which had neither a bell nor a horn at (ached to it. Ths facts were that tho cyclo was purchased a fortnight previously, and on tho first occasion the defendant used it no horn was attached. On this charge he was fined Ms. and costs. For failing to register the motor-cycle he was convicted and discharged, and he was also convicted and discharged for driving at an excessive speed over a street intersection. J. Rhodes, who sold the motor-cycle to Gastein, was fined 10s. and 7s. costs for failing to notify the change of ownership. For leaving a motor-car unattended in the street. H. Walls was fined 10s. and 7s. costs. For driving on the wrong side of Molesworth Street, W. Morgan was convicted and ordered to pay 7s. costs. F. F. Newman was fined ss. and is. costs for having no tail light on his motor-car. . For driving a motor-car into Chew s Lane C. J. Wilson was fined 10s. and 7s costs, and for leaving a motor-car unattended in the street he was ordered to pay the costs, 7s. . Charles Aitken was fined 10s. and 7s. costs for having no light on his bicycle. For driving over an intersection of streets nt an excessive speed, W. Higgins was fined 10s. and 7s. cost s> for leaving a motor-car unattended m the street he was fined ss. and 7s. costs. A Christensen was fined 10s. and <s. costs for driving a motor-car into bt Hill Street, and for having no head light on the car he was fined as. and ' S Foi° St seaving pieir motor-cars unattended in the streets, N R. and G. Lang were each fined 10s. and 7s. costs, and M. Cooper was fined -os. an p. Robson was convicted and fined 20s. and 11s. costs for carelessly driving a motor-van.