MAGISTRATE’S COURT.

Manawatu Herald, Volume XXX, Issue 424, 15 August 1908, Page 3

MAGISTRATE’S COURT.

GROSSLY INDECENT ACT. At the above Court yesterday before Mr A. D. Thomson, S.M., Jas. Harper for committing a a grossly indecent act in Main Street on the 10th July, was fined 20s and costs 7s. The police prosecuted but defendant did not appear. assault. Andrew Whines (Barnard) and Robert Howard (Reade) were charged by the police with a breach of the peace. Counsel for the accused pleaded guilty and they were fined 10s each and costs 7 s - ILLEGITIMACY. A local young man for whom MrMoore appeared, brought under arrest from Wanganui, was charged by a parent, represented by Mr Reade,with failing to make provision for his alleged unborn illegitimate child. The case was adjourned to the nth September, two sureties of each being entered into in the meantime. CIVIL CASES. P. H. Rne-Howard (Mr Moore) v. Akers aud Mackay (Mr Reade) claim and costs of a previous action. Judgment for amount, claimed and osets £1 19s less £5 is P aid into Court. Commission of Taxes v. C. T. Easton, claim £8 ss, judgment for amount costs 8s ; same v. Geo. A. Gray (Mr Reade) claim adjournment, but the Magistrate held that there had been ample time in which to file a defence, judgment for amount aud costs 15s ; S. J. Hartley v. Joe Potaka, claim £1 12s costs 7s. G. A. Gray (Reade) v D. Dickson, claim £2> xod, judgment by default, costs £1 6s; S. J. Hickson (Moore) v D. Dickson, claim £2 3s 6d, by default, costs £1 6s ; Geo. Rae v. John Young, claim £1 13s Bd, by default, costs 5s ; P. J. Hennessy v Mangaweka Sash and Door Co., claim £l4 10s Bd. The Magistrate informed claimant that the debtor Co. had gone into liquidation but judgment has asked for an entered up, costs 15s ; Gardner andWhibley (Barnard) v. Barbara Young, claim 18s qd, by default costs 5s ; M. Austin and L. M. Park (Barnard) v. William Moffatt, claim 6s Bd, by default, costs £1 10s 6d; Gardner and Whibley v. Jas. Lambess, claim £5, by default, costs os 6d; F. C. Berthold v. Mr aud Mrs Reeve, claim /20 2s 6d, costs £2 17s aud judgment as against female defendant’s separate estate.

depended civil cases,

A. E. and Jessie Shadbolt (Mr Reade) sought to recover the sum of ns 6d from E. A. Coley (Mr Barnard) for damages done to a trap belonging to plaintiff, taken and used by defendant without permission. Evidence was given by Mrs Shadbolt that the trap belonged to her. Mason asked if Coley could have the trap, and she said, “ No.” Subsequently found that they had taken the trap. Coley rang up on the telephone from Palmerston the following day, and said the trap was at Bainesse, and asked witness to send a man out and get it and he would pay for repairs. To Mr Barnard : The gig and harness were in good condition previous to the accident. H. Richmond, wheelwright, in evidence said that the charges for repairing the trap were reasonable.

S. Mason said he was employed at Shadbolt’s hotel. Remembered Coley asking Mrs Shad bolt for the loan of the trap and she replied that he could have it. Coley also told her that he would take witness with him to bring the trap back. Mrs Shadbolt told him (witness) to get the trap ready. The accident occurred at Bainesse, and was due to the britchen breaking. Coley then rode the horse to Palmerston, and witness walked back to Foxton. Mrs Shadbolt sent Redgrave out tor the trap two or three days later. E. A. Coley said Mrs Shadbolt told him he could have the trap, and she also saw him drive away. He considered that £1 would be a reasonable charge for repairing trap and harness. The Magistrate said he considered some of the items were overcharged, and entered up judgment for £ 3, costs Bs, solicitor’s fee £1 6s, and witness ss.

Wong Dee (Mr Reade) claimed £6 7s 6d from George Reay (Mr Barnard) for goods damaged and lost from a whare occupied by plaitiff which was shifted by Reay without giving plaintiff reasonable notice ot his intention to do so.

James Symons said that plaintiff occupied the whare with his permission. He had been living in it for three or four months. Sold the whare to Reay on the Saturday night, and told him to notify Dee to get out of it, also told Reay he cotrld take possession as soon as he liked.

To Mr Barnard: Did not charge Dee any rent for the place. Wong Dee, in evidence, said Reay told him on Sunday afternoon that he had bought the whare, and also said that he wanted it on Monday, and told witness to shift his stuff out of it. Witness said that he would be too busy on Monday, but would shift on Tuesday. On Monday afternoon Fullam came and shifted the whare, He took it about a quarter of a mile away. Did not go down to the whare again until Friday, and then found that Reay had put all his things outside. Paid a carrier 7s 6d to cart them back again. Several bottles were broken, and there was also a gold ring missing. J. W. Williams said he saw Fullam shift the whare. Had ad-

vised Reay to give Lee longer notice.

George Reay, said he bought the whare on Saturday night and told Symons that he was going to take it away on Monday. Saw Lee about 11 o’clock on Sunday and told him he wanted the whare on Monday. Lee said he could not shift for 3 or 4 weeks. Employed Fullam to shift the whare. Locked the whare on Monday and left the key at the house and told Lee it was there if he required it. Asked Lee on Tuesday or Wednesday to shift his things out. Required the whare on Friday so put Lee’s goods outside on Thursday afternoon and covered them up with, sacks. Did not notice that any of the goods were in any way damaged. The Magistrate held that under the circumstances the plaintiff was not entitled to notice aud gave judgment for defendant with costs.

T. H. Gingell (Mr Barnard) proceeded against E. F. Shadbolt (Mr Reade) to recover the sum After hearing the evidence for plaintiff Mr Reade asked tor an adjournment until next court day which was granted.

of £5 15s for chaff supplied In the case of W. J. White v. S. J. Hickson, claim £5 13s 6d, judgment was given for plaintiff with costs 1 os. Solicitors fee £1 6s.