MAGISTRATE'S COURT.

(Before Mr. W. G. RiddeD, S.M.) THE BOOKS OF A BANKRUPT. DID THEY DISCLOSE? The Official Assignee proceeded against John Morris Schapiro charging him that, being a {«rson adjudged, a bankrupt, he did fail to keep proper books of account as is usual in a business such as was carried on by him, so as to disclose his' financial position. ' Mr. Myers appeared for the Official Assignee, and Mr. Levi for defendant. Alexander Simpson, Official Assignee, stated that in February . 18, ,1909, Schapiro, - a cabinetmaker, pictuwr framor, and importer, was adjudged tomkrupt -on his. own - ■ application. Witness called .on • defendant for his books,, which were ■ delivered up after a. great deal of delay. These were a journal, two cash, books, a ledger, a rough day book, and four memo, books, also three other rough books. Witness received no .'stock book. He had looked through, the books, which .were the propor books if. they had been properly kept. A slock book, which was essential, was not kept. Defendant said he had not kept* one. .There was no profit and loss account in any' of the books, and the books were not sufficient' to disclose defendant's financial position at' any particular time. As a result of the state of the books, witness had experienced constant difficulty in administering the; estate. ■. .The 'business transactions of defendant were not shown In the books. Only in a very few instances' had the entries in the day books been posted up in the ledger. To Mr. Levi: The only excuse defendant ever gave for the state of tho books was -that, he kept his accounts in ,'the : loose-leaf ' "ledger system, and .when. a?ked-to produce .these he said tKey could not, be. found. Ho- understood. that. the • - charwoman ; had de- : stroyed them. -If the loose-leaf ; ledger system was•abandoned for the boundleafj. it was right that' outstanding accounts should be shown in the "new ledger. . \ , -""v.; , Henry Kember, - :accoufitant, stated that he had .investigated' the books of defendant. The books were not such as were usual and proper 'in a business such' as_ defendant: earned on. There was no information in the books which was of use. to ■ anyone:;.',« They were of a memorandum, chafecter—not books. It was necessary, to have a stock book m such a It .was also necessary m such a business: to have a periodical profit and loss account. The books could not : possibly show defendant's i financial .position, and did not sufficiently ;set forth the business transactions of the defendant. Witness went on to detail sample, shortcomings in the bookkeeping.; Defendant pleaded not' guilty, and was committed 'to. the Supreme Court ,for trial. Bail was .allowed in the sum of £50 in defendant's own recognisanoe.

HAINING STREET FRACAS. AN AUTOMOBILE, ETC. Tho details of the.recent fracas in Haihmg Street, were- unfolded when Jim Wong Sing appeared in answer to a charge of having,, on April 29, assaulted one Young Kee so as to cause him actual bodily harm. Sub-Inspector Norwood- conducted the case for the prosecution, and Mr. Fair appeared for-the .accused, who pleaded not guilty. - , , - _: . . Dr. Hadon-stated that he examined Young Kee's-injury, and found it to be a vertical wound; about three inches long, extending from slightly above the forehead backwards. The wound was about-a quarter,of an inch deep. Witness put four stitches' in the wound and had been attending the injured man every day since. There were no dangerous symptoms at, present. The wound could have been .made with the bar of iron (produced), ' To Mr. Fair: A sharp edge of a gate post might possibly inflict such a wound. There: had been no serious complication. If a man was flung against a post a similar wound might be inflicted. -

Young. Kee, residing in Haming Street, stated .that on .the afternoon of April 29 he' wont' out for a drive in a motor-car, with a woman named Kate MeUiwell. He returned to Hauling. Street about 2.30 p.m. As soon as ho got out of the car he saw accused, but did not talk to him, as he (witness) had had a few drinks. From the car, he went up the- street towards his' home, and' on passing accused's houso accused came out, and as witness passed him ho was struck on'the head "with an iron bar, which accused had had in his hand. The woman he had been driving with was a, friend of accused. To Mr. Fair: He had been in two hotels on tho day in question, and had had a number of drinks, but he could not romomber how many. On arrival back at Haining Street, he was half drunk. Ho did not run at Jim Wong Sing and strike him.

Jas. Alexander Minogue, employed by the Electric Light Department,- stated that he was in Haining Street on tho afternoon of April 29, and saw tho accused and Young Kee scuffling outside the gate of No. 39. Wong Sine ran away towards Taranaki Street, and turned into a house, No. 47, and Young Kee followed him. Tho latter appeared to be drank. Tho norf thing- witness saw was Young Kee lying on tho ground inside the fence of No. 47, with a wound on the top of his head. His head was against the fence. Accused was inside the fenco, with a bar of iron in his liand, was saying to the assembled crowd that he had dono nothing to tho prostrate man. • Sergeant B'ufledge'stated that defendant had come to tho Honat Cooi

Police Station on the afternoon of the trouble, and said there had been trouble .as a of a motor-car drive. -"The Baby," which was the name Young ■Kee was known by .in. Homing Street, had been.out for a drive with a certain Katie, and he (accused) had hit the "baby." He was sorry for it and the trouble which had arisen. . . Constable Doyle, who was called to the scene, of the; trouble on April 29, said he found .Young Kee lying on the ground with a wound in his head. Tho woman, Kate, who usually resided with accused, was , present, and . from what she said witness went after accused. Accused said: "I 'lost my temper. He took my girl in a motor-car. I struck him, and he rushed me. I went into the house and got the iron bar. When I came out he rushed me again. I struck again. .I've got a bad temper. I did not mean to I will show you the bar I,struck him with." Accused went into the house and gave witness the iron bar (produced). On the way to the station accused repeatedly said: "This all my bad temper; I can't help it." Previous to the occurrence there had been trouble between the Chinamen over the same woman.

At this' stage Mr. Fair, asked that the court should'reduce the charge to one'of common assault. " His Worship thought the case was one'that could be dealt with summarily. It was on the border line. Accused was then formally charged with having unlawfully assaulted Young Kee, to which he pleaded not' guilty. Jim Wong Sing, fruiterer, stated that'the woman Kate lived with him. On-the day of the alleged assault Katie, unknown to him, went for a motor drive with Yotmg Kee. On the arrival back in Haining Street he saw Katie 'and Young Kee making an "exhibition" of ..themselves alongside the car, and he called to "the Mrs." to come in and cook the tea. Young Kee • had been drinking. Witness denied having hit Young' Kee with the iron bar. Tha wound was caused by a fall against the fence. Ban Churn, laundryman, Gtated that he saw Wong, Sing push Young Kee, so that the latter fell. Wong Sing had no iron bar in his hand. Previous to this Young Kee had. struck the woman Katie, and it apparently annoyed Sing. Another Chinese witness gave corroborative evidence. His Warship thought that from the evidence, accused must be convicted. No doubt'defendant had some provocation, but he should not have used the iron bar. Young Kee, on the other hand, only had himself to blame for the position he was in. Defendant would be fined £6, and costs.£2 125., in default 21 days' imprisonment. Young Kee was awarded £2 out of the fine.

BY-LAW CASES. A young man named Henry K. Bundy, who made thTee attempts to board a moving tramcar at the Athletio Park, on April 15, and who fell in- the third attempt, . was charged by the corporation with having attempted to mount a tramcar whilst it was in motion. Defendant pleaded guilty, and was fined 55., and costs. 255. For being the occupier of premises the chimney of which was allowed to catch fire, Susan D. Williams- was fined 10s., and costs.7s. Frederick Rowlands was fined 55;,; .and costs 75., for riding a bicycle without, a light'after-sunset. George Braid and Thomas Whitmore. were charged ■ separately with ' having, on April-16 travelled between Welling-1 ton and Kaiwarra in a first-class railway carriage, with, a second-olass ticket. Both':, defendants ' were convicted and fined 10s. and costs 95..,, •■ i Cyrjl Andrew Sinclair was orderedto pay Court costs, lis., for having,; on April '17 ? ' unlawfully walked through the Kilbirnio Tunnel.- .'Mr: O-'Shea, for the City Council, informed the Court; that as this was the first case of the kind,-the council would not press for. any penalty. .:'■';:■ •'.- '-' ; ;' ■: . -, maintenance;, Thos. Georgo.'Ealam failed to appearin answer to' : charges of having do-: sorted his'wife, and failing to maintain his child.. .On the first charge ; ho was ordered to, -pay 15s. towards the support of his vrafo'and an order was also made that he should pay Bs. per week towards the support of his child.'

, OTHEK CASES. Samuel Cates, remanded from Thurs-: day on a charge of vagrancy in order that, arrangements might be made for his admission to the Ohiro Home, was convicted and ordered to come up for sentence when called on on condition that he ■ goes into the heme and remains there for 12 months. A young man named Bush pleaded guilty (1) to'having used obscene language and (2) to having assaulted one Wm. D. Potter. The police stated that accused had been employed under Potter and a difference had. occurred which culminated in the 'use of the obscene language and the assault. ' His Worship said tie assult was not' a serious one. Accused would;be convicted and fined £3 and costs 155., in default 14 days' imprisonment on the first charge and on the second charge he would be convicted and fined 20s. in default seven days'; imprisonment.' Two first offenders for ; drunkenness were convicted and discharged. v civil business; (Before Mr. W. E. Hasekten, silt.) The 'Wellington branch of the Amalgamated Society, of Carpenters and .Joiners proceeded against E. Henricksen for an alleged breach of award. Plaintiffs set out'that on January 10 last defendant employed a man named Frost, a non-unionist at a time when members of the union, who were ready and willing and competent to undertake the work were idle. A second information charged defendant with committing a further breach by employing and paying Frost wages less than were provided for by the scale mentioned in the award. A penlaty of £10 was claimed in respect of each case. • After hearing evidence at considerable length in which it was contendedfor the defenco that Hendrickson had allowed Frost, a retired builder,' to work at intervals as a set-off against the price of the house which Tie was purchasing, that. defendant was mot aware that he was a party to the award, having received no notification ,to that effect and that it hod not been proved that the men on the union books .were equally competent to do the work. 'His Worship' said ho did not Hko that part of tho defence which tried to .evade tho position that defendant wa-s a party to the award. After dealing further with the case his Worship Baid there was a good deal to be said in favour of a nominal penalty. He thought that if defendant was fined 10s. in respect of each bread' and paid costs (£6 65.) tho stability of tho award would bo vindicated. Mr. Hindmarsh appeared for tho union and Mr. P. W. Jackson for defendant.