MAGISTRATE'S COURT, HOKITIKA

Hokitika Guardian, 7 April 1921, Page 1

MAGISTRATE'S COURT, HOKITIKA

THURSDAY, APRIL 7th. (Before C. R. Orr-Walker, Esq., S.M.) LICENSING ACT. The Police charged seven young men with being on licensed premises (Occidental Hotel) during prohibited hours, on the night of Kith March. Two ippeared and pleaded guilty, one appeared and pleaded not guilty, and four did not appear. Sergt King gave evidence that he visted the hotel. On entering the hack yard two men bolted from the back yard, one getting .«wry the other being stopped. Then v ant into the hotel and saw the other defendants. The men had no excuse to offer.

A. E. Breeze, who hsul pleaded not guilty, called the evidence of Thomas Adam Breeze, who deposed that he did not see A. F. Breeze in the yard and did not know lie was there. He did not see him tlu-r when the police caught witness at the gate, The defendant did) not go into the witness box. Sergt King recalled stated he was positive the defendant was the one who dashed past him, a torch having been Hashed on him as he ran past. His Worship said as the defendant had not gone into the box he must accept the evidence of Sergt King. The witness’ evidence was not satisfactory, but he was pleased that the defendant was not foolish enough to go in the box. \iJ die defendants would be convicted and fined 40s and costs 7s each. A CASE WITHDRAWN. W. Olderog (Air Wells) v. T.otiisch and Delia wa i (Mr Park) claim £3o. Air Wells applied for leave to withdraw the action. Costs were allowed defendants counsel of £1 10s fid and court foes fis. A PILLAGING CASE. S. .]. Preston (Air Park) v. Anchor S.S. Coy. (Air Wells) claim for £3O K>s lid for damages owing to short delivery of goods shipped at Wellington. Samuel J. Preston deposed he was m,incr for goods short in two eases, shipped from Bing Harris and Co. at Wellington. The two cases were delivered at the shop and "hen the lid was taken oft' one it was seen at once that ihe ease had been pillaged. Reported the matter lo ihe clerk of the local agent for the Anchor Coy., "bo inspected the case next morning and •..oreed that it had been pillaged. Sonic of the parcels in the case had been turn, and articles had been extracted. The second case when opened, was also found to be pillaged, and it was reported. to Bing Harris and Co., and a claim was made on the Shipping < um-

pany. To Ah’ Wells- The second case was not inspected by Mr Swciiey. Hie Company's agent. Air Jacobs was the consignee, and lie signed the receipt for the two cases as in good order. Apparently the cases were in good order. The untying of the case was done hv an experienced pillager. Ihe cases were old cases renailed. with an iron hand round them. \lbort Jacobs deposed he was a

ier. mid carried the two eases for A! Preston. The cases were apparent! .omul and he gave n clear receipt u

iheni at the railway station.. One me '.vus. 'ii and <j;roovi*d case. |ju|v while after Air Uresfou came along ami complained that the case had h-eii pillaged. Could not see anything wrong the case, till Air Preston .showed ho" the nails had been liken out, and the amoved hom'd slid out.

la Mr Well: —A clear re-.eipt had to | u . given the railway department before taking delivery. Florence Thompson deposed she accountant for Air Dreston. Saw the • r,o eases alter being open. In one ~so the packages had been completely taken out. She checked the g(.0..s with invoi; es, and found the mentioned in the claim. S. .1. (Heston recalled stated the !ir*t case was the T and G ease. (Evidence of the two linkers and the ■ airier to the ship was taken in AAel-

1 mulon. i . Hr Wells for ihe defendant c mipsny submitted three points, claiming that ( t||,.re is delivery, the hah:!:ly ceases and delivery had been made to Jacobs not to Dreston; further that „„ neidiucuee had been proved against the Company: and that there was no i,roof that the goods were !>'•■- n „od while in the Company s possession, that there was no proof the .mods had not been mlhged while in other than the Company s pos-

session. . ii, Mr Dark said if his Worship held Hu goods were delivered to the sin,., then the company was liable His Worship said lie would reserve I lie non-suit point raised. Mr Wells elected not to call evidence. His Worship said this was too important a case to decide off hand, fm would look into the evidence am • !iw on the subject and "out ' bis decision.

Sow »ml certain, WADE'S WORM FfGB. Children like them.