MAGISTRATE'S COURT.

Wairarapa Age, Volume XXXI, Issue 9113, 12 June 1908, Page 6

MAGISTRATE'S COURT.

* I MA ST KKTON —TIIU RSI) AY. (Before Mr W. P. James, S.M.) CRIMINAL CASES. Robert Godfrey and Alexander o'Drisicoll were each charged before Mr W. P. James, at Masterton yesterday morning, with the theft of a meal of steak anil onions, valued at .Is, while George Keys was charged with the theft of a ineid of steak and oysters, valued at Is Gd. The three accused pleaded not guilty. Mr C. A. I'ownall appeared for Keys. Sergeant Miller stated that last evening the three accused went into A. R. Maltliy'a restaurant, and after having ordered and eaten the meal?, the subject of the charge, refused to pay for th.'m. The proprietor followed them, and was assaulted by Keys and O'Driscoll. O'Driscoll when arrested, dropped a parcel, the contents of which he would be charged with stealing. Eliziiheth Maltby, of the restaurant proprietor, identified each accused as the men who had left without paying for a meal. Constable Johnson, who arrested Keys, said that Keys admitted hav- | ing had ii meal at the restaurant, and pulling out a shilling offered to pay for it. A. U. Maltby, informant, stated that Keys attempted to strike him when he asked for the money. Keys and O'Driscoll were then charged with assaulting A. R. Maltby,jjboth pleading not guilty. A. R. Maltby deposed, on this charge, that he followed 0 Driscoll as far as Church Street, where O'Driscoll knocked him down and kicked him. Keys wns then charged with tin theft of a riding cloth and strap, the property of Mrs O'Dowd. F. Peterson, employed at J. Elliott's (saddle>•), deposed to selling the articles comprised in the charge ! to Mrs O'Dowd. Elizabeth O'Dowd, of Aohanga, said alio left the goods at Elliott's with instructions that they should be sent to a hotel, where she would get them. Constable Johnson deposed to accused dropping the parcel when arrested, though'the latter denied all knowledge of the parcel. Accused gave evidence on his own behalf, saying that he only faintly remembered the whole proceedings, having had liquor. He declared that the only parcel he possessed when arrested was a newspaper. The Magistrate said the charges of theft of the meals could not be supported as such, but would be amended to false pretences. Mr I'ownall submitted that the ofYancfis were trivial. His Worship differed, and said the ] r ictice of evading payment of meals in the manner clurgo 1 was common. He sentenced all three accused to 14 days' imprisonment for false pretences. O'Driscoll and Keys for assault were in addition sentenced to imprisonment with hard labour, the former to 14 days and the latter to 7 days. Keys was given an additional three months for theft of the parcel. All the sentences were made cumulative. CIVIL BUSINESS. The following civil cases wore then taken : T. Dwyer v. F. Sewell, claim £7 18*. Defendant did not appear, and judgment was given for the amount claimed, with £1 2s 6d costs. Robert Andrews appeared to answer a judgment summons for £l2 4a 7d, the debt being/owing to Chaa. Wagland. Debtor was examined by tha Magistrate, who said debtor had had sufficient money to pay the debt. He ordered 25s per month to be paid off the account, commencing from July 11th, in default twelve days' imprisonment. DEFENDED CASES. W. Ilarvcy v. W.* G. Speedy. This case was adjourned from last sitting to enablo further witnesses to Lie called. The claim was for .£l2, value of a plough plaintiff was unable to obtain possession of, and which ho left on defendant's property, which property was subsequently sold and re-Kold. Tho evidence of E. Ilolmwood and C. McKcnssie was taken, and judgment given for the amount claimed, with £2 6s coats, besides witnesses expenses. Mr D. K, Logan acted for plaintiff and Mr P. L. Hollings for defen- ■ dant. T. J. Dwyer sued F, G. Moore, of Pahiatua, for £ll 7s Bd, price of a i gramophone. Mr C. A. Pownall, who appeared for plaintiff, after the evidence of plaintiff and a witness had been called, elected to take a ' nonsuit, which was given, with costs for defendant. Mr Osborne Lilley (of Pahiatua) appeared for defendant. W. 11. Cruicksdiiink sued T. J. Thompson for £'i:i ll>:i lOd amount alleged to bo due by defendant to plaintiff a;: agent in connection with a house defendant proposed to sell, but afterwards revoked the sale of. The chief question at issue was whether defendant had revoked because ho considered the terms offered were not acceptable to him. or for other reasons. The Magistrate said he received the impression from the evidence that it was not the question of terms that caused the revocation, and gave judgment for the amount claimed, with £5 14s costs. Mr C. A, Pownall appeared for plaintiff and Mr 15. J. Dolan for defendant.