MAGISTRATE’S COURT.

Gisborne Times, Volume XXV, Issue 2040, 27 March 1907, Page 1

MAGISTRATE’S COURT.

Yesterday morning, before Ah. Barton, S.M., Margaret Yoitrckovsky (Mr Blair) applied for an order against Margaret Englebretsen (7ur T. Alston Coleman) to keep the peace towards her, as she was afraid that defendant would do her some grievous injury. It is stated that defendant used insulting language to complainant. Mr. Blair said that the evidence would show that the offence had been long continued. Margaret Voitrekovskv stated on Wednesday, 20ih inst.. as she left her house to get some firewood, defen-danl-ir c l . the- ’■' Plained

of (which was of a particularly disgusting nature), their houses being about a chain apart. Defendant did not reply at all to the offensive remarks. On previous occasions, dofemlqnt had ugecl similar language. Witness' daughter, aged 19, was in the house at tlie time. These attacks made witness very ill for days afterwards, S)ie was afraid of defendant altogether, “who might come over and give mo a hiding,” she added. Witness was under a doctor, and had gone through a serious operation. By Air. Coleman: At tho time of the flood defendant was taken to their house, and was not sent away by hep, lint site uske.i to bo taken away. Witness denied being frenzied .it the time. She did not receive a letter from Rees brothers till Saturday, 23rd. Sbo did not understand the' letter. Witness denied using foul language to defendant in front of-her (witness) daughter, Defcniluuf, had never ttireaoeij,e(l to do violence to witness, although she felt insecure. She thought that witness

ad a spite against her, which she id not return.

Elizabeth Yoitrckovsky, daughter of complainant, supported tlie evidence of her mother. B.v Air, Giilcmau : She believed defendant was kind to tier mother when the latter was ill. Both witness and her mother bad a spite against defendant, and it had been going on for a very long time. For the defence Afr. Coleman stated that it. was a neighbor’s quarrel, and it was strange that complainant should not reply if the words were used, and the daughter had given evidence that there was some feeling on the pari of complainant, A very different, version of the story was told by Margnrct Englebretsen, defendant, who said thfet oil Monday, tlie 18th, she saw complainant outside her house, with her daughter. The ferine!' jiijllcfl he]' some unprint able names. Witness retorted with some very unladylike language, and remarked that it would suit her (complainant) better to mind her own business Co.mpiainaii i flid not speak to witness again till lust Saturday morning, when complainant addressed some more doubtful language to her. Tlie two ladies bad bad no conversation between Monday and Saturday.

By Mr, Blair; Complainant was not in weak health, or she woulrl not talk in such a manner.

His Worship said that the mother and daughter swore most positively that the language WHS U.serl. an,l il was of a most insulting and provoking nature, and unless defendant was bound over it may cause a breach o! the peace. Defendant would Inbound over to keep the peace for six months, with a sum of £lO. with one surety of £lO, and PQStS £1 13s against defendant, A DISPUTED CLAIM.

Yesterday afternoon Mr. Barton. S.M., dealt with a claim by Walter Maddison, architect. against the Bank of- New Zealand, for £2-5, l'pr work alleged to have been done in connection with alterations to the Bank building and preparing estimates. Mr. G. 'H. Lvsuar appeared for plaintiff, and My.. Stock for defendant.

Mr. Lysuar said that the claim was lor n per cent, oil £IOOO for the specifications drawn according to the plan.

Walter Maddison, ap architect, said that early .in November last he went to Mr. Pyke, manager of the Bank of New Zealand, wanted, to know their requirements. Mr. Pyke fold him that the now portion was to accommodate lour ledger-keepero, two tetters, all accountant,, a hill clerk, provision for exchanges and room for seven or eight other clerks. AYitness produced a rough draft of the plans at his next interview with Mr. Pyke, and showed him that there was only room for 1000 ft,, vfhereas 1400 ft. of space, was required. He had several conferences with Air. Pyke, submitting a fresh draft ou each occasion,

, and ultimately found one to suit. The approved plan was produced. In tlio approved plan provision coitld only lie made for three ledger clerks. Mr. Pykc instructed witness to carry out the woik as a one-storey building. When the plan was complete Mr. Pyko expressed bis approval, but a few days later lie told witness that he preferred a Iwo-storey building, and asked for that, alteration, and to have the plan to lay before the DiI'eciiirs at Wellington. Witness gave the altered plan to Mr. l’ykc before lie left. Some time alter Mr. Pyko returned lie told witness Unit the Bank authorities did- not intend to build at the side, that they wanted the alterations carried out at tlio rear of the premises. .Later Mr. Pyko said that lie did not want the alterations at the back, as it would have interfered with bis domestic arrangements,' and that the matter must remain in abeyance until the Inspector came up, which would not be long. Witness asked about (lie end of February when the Inspector was coming, and received: the reply that itmight be one month or six. Witness then asked for some remuneration for bis services, and was told to send in his bill, and that whatever it was he (Air. Pyke) would pay it out of his own pocket, but witness thought tho Bank should pay foi-it. The account (for £25) was sent in. and he received a letter saying that the plan was unworkable. AYit ness then saw Ills solicitor. The rate chargeable was 7J per cent, of the total cost of the work, and half tlio amount if tlie contract were let, and if not let through no fault- of the architect, 2,1 per cent. Tlie plans had taken him nearly a fortnight.

By All-. Stock: lie had been ill Gisborne two years, not as ail architect 1 , Imt as a working carpenter for par of the time. He gained liis experience in architecture as a carpenter, foreman, and a contractor.' He did not serve articles in an office, lie had designed residences, hotels, etc. The fact' that the windows in his plan were out of proportion would not show much when it was built. He denied that Air. Pykc said the plan was useless for that reason, and did not say that tho Bank did not approve of the design. A fresh architect would be able to make use of his plan. Witness was not to go beyond a pencilled sketch till the plan was approved of in Wellington. He knew by the Bank’s letter that they were not acting op his plan.

By Air. Lysnar: When Air. Pyke returned from Wellington he told witness that he (Mr. Pyke) was the man to he pleased. He did not question why the plans were submitted to the Directorate if not for approval. He had designed six hotels, five or six shops, and a number of dwelling houses. The point' of payment for plans not acted upon had not cropped up, as they had all been approved of. Witness explained that—the plan was asked for hi pencil till it was aproved.

The next- witness, ,J. D, Tustin, a painter, said that he was present at a conversation in which Afr. Fyke spoke in good terms of Air. Afaddison’s work. For the defence, Afr. Stock said that only on tlie persuasion of Air. Aladdison the manager took the plans to Wellington. He had held out no hope of their, being approved. Their adoption would ruin the appearance of the building.

Vincent Pyke,manager of the Gisborne branch of the Bank of New Zealand, said that his instructions were not to nicur more expense than a guinea. Witness said they wanted alterations, and Aladdison brought various plans, but be could not approve of them. Ho finally brought in the last plan, and witness stated he did not think that the authorities would approve, as it would spoil tho face of the building. Witness took tlio plans to Wellington, and the General Manager, who said “Surely this man cannot be an architect,” disapproved, and held the matter over until tho Inspector came. Witness informed Aladdison of the result. It was only liis private opinion that tho bvi'ding would have to be extended f> the back. Aladdison .said.be would send in an account, that his \york had brains ill it. Witness said, “Surely you will not charge for this?” and then hold him to do as he liked. By Air. Lysnar: Plaintiff knew that the plans had to be approved by headquarters. He asked plaintiff to prepare a rough sketch plan (o snip mit to the Directory. F. J, Wilson, architect, criticised the plans produced, saying “I don’t think much of them.” The position of the windows would spoil' the appearance of the present building. An unapproved sketch would not be charged for, except" an estimate: 71; per cent, was charged for buildings under £IOOO. AYitness said lie could get all the.information lie wanted in five or six hours, or less, with assistance, and to make the plan about a roup!'’ of hours. For the sketch produced he would not charge anything. - In answer to a question as to what the fault was, witness stated that it was like a man’s trousers vilh one leg cut off at 1 tile knee. George Smith, builder and contractor. said it was not tlie custom to pay for a rough sketch plan, and be would make no charge - for (by: sketch proiViiti.-...!

Bv Afr, Ly-spar; If practising as an architect and drawing a proper plan he would expect to be paid.

Mr. Stock stated that Hr. M add L son admitted that thy sketch was not approved, and plaintiff should, be nonsuited. Mr. L.vsnar urged that it was tluougli no fault of plaintiff that the plans were.not accepted. His Worship, in giving d-wisum said that nliii\i' v iu was ten nested to prepare a sketch plan of proposed alterations to the Hank of -New Zealand. He prepared a sketch, hut it was not approved. foe (His Worship). was satisfied tl.uU plaintiff would only he, niUhind to recover if approved hy the Hank. Mr. Tyke denied absolutely approving of the sketch. Plaintiff would he non-suit-ed, with costs $3 4s 6cl.

The following is from the Wairurapa Times;—The New. Zealand Times has devoted a good deal of time and space to show that Mr. James Stuckey had no reason to tool insecure in the. possession of te Kangiami yet drawn sword” hung over a Ir. James Stuckey’s head for years. Some time ago certain Liberals, who resided in the neighborhood. said. “We will have Rangitwmati.” That movement has been proceeding quietly ever since, hut the Government were not in earnest, till recently, in acquiring land in this district. Masterton was a safe seat, audit was unnecessary to offer it a subdivided estate carrot.

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