MAGISTRATE'S COURT.

Wairarapa Age, Volume XXX, Issue 8862, 23 October 1907, Page 5

MAGISTRATE'S COURT.

I MASTERTON—TUESDAY. Before Mr W. P. James, S.M. • POLICE CASES. A first offender was fined sa, in default 24 hours' imprisonment, for having been drunk. For having been drunk at the railway station on October 21st, while in charge of a horse, Emanuel Anderson was lined 20s, in default three days' imprisonment. John Burke admitted a charge of behaving in a disorderly manner while drunk on Monday, and was fined ss, in default 24 houre' imprisonment. On a further charge of assaulting Constable Doyle while in the execution of his duty, a fine of 20s, in default 48 hours' imprisonment, was imposed. Kenzie McLean was charged with having driven a carriage for hire within the borough of Masterton, on October 14th, without being the holder of a driver's license. Sergeant Miller stated that defendant had since taken out a license. Defendant pleaded guilty, and was fined 5s with 7s costs. A charge of having left his vehicle unattended, on October 16tb, was preferred against Martin Kerins. Mr B. J. Dolan, for the defendant, stated that -his client had not left the vehicle for longer than a minute. A fine of 5s -with 7s costs was imposed. Frank Boyle was fined 5s and 7s costs for having ridden a bicycle on the footpath in Perry Street on the night of the 17th inst. John Wallace, cabdriver, was charged with carrying a drunken man in his licensed vehicle, on October 14th, contrary to the borough bylaws. Defendant, for whom Mr C. A. Pownall appeared, pleaded not guilty. Sergeant Miller seated that the defendant drove a man, who was in a very drunken condition, to the railway station. Cabmen seemed to think that it was not an offence to do such J a thing. Mr Pownall thought the whole affair very trivial. What was a drunken man to do, he asked. If he remained on hotel premises it was an offence; if.he were in the street it was an offence; if he rode in a cab, the cabdriver was in fault; and if he went on to the railway station he was also guilty of an offence. The Magistrate said it was well that cabdrivers should know the law in this respect, but in the present case the object of the prosecution would be achieved by a conviction. He accordingly entered a conviction, and dismissed the case. A DIRTY YARD. Yee Chong was charged, on the information of the Borough Sanitary Inspector, with having allowed offensive matter to accumulate on premises occupied by him in Queen Street. The Inspector stated that on October 12th he visited defendant's back j yard, the area of which was about 15ft by 20ft. About 12ft from the door there was a number of boxes of decayed fruit, the remains of decayed fruit, and other offensive matter lying about. Apparently it had been there for about a fortnight or three weeks. There was also a duck box at the bottom of the yard, containing filth about three inches deep. The smell of the yard generally was abominable. Defendant said he had his rubbish removed periodically, and what matter was there on the occasion of the Inspector's visit was to have been removed on the Monday following. He denied having decayed fruit in the boxes. The Inspector interjected that the rubbish was kept in the yard for some days after the defendant had received notice to remove it. The Magistrate said it was a very undesirable slate of affairs, and advised the defendant to have his yard cleaned oftener than |was apparently his custom. A fine cf £2, with 7s costs, was imposed. , ALLEGED PROVOKING LANGUAGE. Thomas Henry Johnstone charged Robert Leighton with having used provoking language, viz., "You are a madman," and also applied for sureties of the peace against Leighton. Informant, who described himself as a fruitgrower and novelist, and who stated that he had been under medical treatment for three years, complained of defendant making use of provoking language towards him, and referring to his mental condition on more than one occasion. He only desired that such references should csase. Defendant, in evidence, said that informant had nearly ridden over him and a friend on one occasion, and the only words he used were, "Whoa, madman!" He denied having threatened Johnstone in any way. The Magistrate dismissed the case, and ordered each party to pay its own costs. Mr B. J. Dolan appeared for the informant, and Mr C. A. Pownall for the defendant. CIVIL CASES. In the judgment summons case of H. Sinclair v. W. Symons, a claim for £l3 15s Od, due upon a bicycle sold by plaintiff to defendant, the Magistrate, after hearing the evidence of the defendant as to his cireumstancts, refused to make an order.

The case of A. A. C. Stewart v. Mackay and Whishaw, a claim for £SO 18s, was adjourned till October 29th, on payment by defendantf of £6 &s costs. The Wellington • arid Wairarapa Motor Company, Ltd., sued Henry Drake for the recovery of £2 10s for repairs to defendant's bicycle. The defence was that the plaintiffs had not effected proper repairs nor had they done what they said they would do. After the bicycle left the plaintiff's shop it had to be taken to another mechanic for proper repairs. As the defendant had been put to additional expense in the matter, the Magistrate gave judgment for £2 only, with costs £1 12k. Mr D. K. Logan appeared for the plaintiff, and Mr C. A. Pownall for the defendant. A claim was made by Patrick Carr against Keeling and Co., Ltd., for the sum of £37 9s 6d, being balance of account due on chaff sold and delivered. The statement of claim set

forth that 34 tons 2cwt of oat-sheaf ! chaff belonging to plaintiff had been • delivered in pursuance' of a contract between the parties by which £3 18s per ton was charged for 25 tons and £4 10s per ton for the balance. The defendant company alleged that only 22 tons of prime chaff had been delivered, the balance being of inferior quality. For the loss on the sale of the latter the plaintiff had contracted to stand good. The defendants also claimed a nonsuit on the ground that the sale and delivery had not been proved except by the alleged tallies of an absent witness. After hearing the evidence, and considerable legal argument, the Magistrate's judgment was reserved. Mr C. A. Pownall'appeared for the plaintiff, and Mr B. J. Dolan for the defendants.