MAGISTRATE’S COURT

Press, Volume LXXIII, Issue 22194, 10 September 1937, Page 9

MAGISTRATE’S COURT

THURSDAY (Before Mr E. C. Levvey, S.M.) OBSTRUCTION ON TRAM George Dixon was charged with obstructing a tramway employee, and with using indecent language. William Henry Cook, a motorman, slated that accused had refused to pay his fare, and had, used bad language on the tram. Accused used the word “bloody” several times. “I have already held on many occasions that ‘bloody’ is not indecent,” said the Magistrate. “It may be abusive: it may be insulting; but it is not indecent.” On the first charge accused was fined 10s and ordered to pay costs. The second charge was dismissed. FALSE STATEMENT Maurice Michael Flynn was convicted and ordered to come up for sentence if called on within three years, on a charge of making a false statement to obtain benefits under the Employment Promotion Act. Flynn, who explained that he did not realise that he could not collect sustenance for his wife when she was living with friends, was ordered to make restitution of £l6 10s. REMANDED Phillip Daniel Trainor and John Henry Wilson were both charged with escaping from the lawful custody of the gaoler of Paparua Prison. They were remanded to appear on September 13. On a charge of stealing £3 3s, the property of the New Zealand Government (Employment Division of the Labour Department), Allen Leonard Oakes was remanded to appear on September 16h. Bail was renewed. John Stuart Jarman appeared for sentence on a charge of stealing two gallons of petrol valued at 3s lOd, the property of Albert McClelland. The case was stood down until September 16 for further consideration by the Magistrate. DISORDERLY BEHAVIOUR Charged with behaving in a disorderly manner while drunk at the Ritz Dance Hall, Vivian Leslie Fizelle was sentenced to 30 days’ imprisonment. Sub-Inspector D. A. Mac Lean said defendant’s conduct was outrageous. He was interfering with women’s dresses while they were dancing. On a further charge of failing to comply with the terms of his release on probation, accused was remanded to appear in Wellington on September 13. CONVERTING MOTOR-VEHICLE Alan Thomas Pullan appeared for sentence on a charge of converting to his own use a motor-vehicle valued at £65. Accused was sentenced to probation for two years and ordered to pay damages amounting to £lO as ordered by the Probation Officer. On a further charge of driving a motor-vehicle without being the holder of a motor driver’s licence, the accused was convicted and discharged. NAME SUPPRESSED A man whose name was suppressed was fined 20s and ordered to pay costs on a charge of assault. The Magistrate said he would lake into account the accused’s belief that he had been pushed off' his bicycle by the man whom he assaulted. CHIMNEYS ON FIRE Walter George Morrison and John Patterson were each fined 10s and ordered to .pay costs for permitting chimneys on their premises to catch fire. COMMITTED TO BORSTAL Gordon Balfour Napier (Mr J. A. Bretherton) appeared for sentence on a charge of being a rogue and a vagabond, and of being in possession of a house-breaking implement. Napier was further charged with being in possession of explosives without lawful excuse. Accused was committed to the Borstal Institution for three years on the first charge, and convicted and discharged on the second, UNLAWFUL ASSAULT Walter Baken (Mr K. J. McMenamin) was charged with unlawfully assaulting a female. He was fined . £lO, in default two months’ imprisonment. MONEY STOLEN Cyril Charles Newsome (Mr A. A. McLachlan) was convicted and ordered to come up for sentence if called on within three years, for stealing 10s, the property of Frederick Pitt. ON LICENSED PREMISES George Douglas Collins and Colin Watson were each fined 20s and ordered to pay costs for being unlawfully on the licensed premises of the Central Hotel. CIVIL CASES (Before Mr F. F. Reid, S.M.) PLAINTIFF SUCCEEDS A claim for £SO arrears of wages under the engineers’ award was brought by Ivan Allan William Chapman, a fitter and turner (Mr K. G. Archer), against James Carter and Son, Ltd. (Mr W. J. . Hunter). The defendant claimed that cnap man was not entitled to wages at a journeyman’s rate, as he was, at the time for which- the claim was made, under a verbal contract of apprenticeThe Magistrate held that the plaintiff had performed a journeyman s work for lOi weeks. Judgment was given for the plaintiff for £3O 15s and costs. DISPUTE OVER RACEHORSE The condition of a racing Princess Thea, was the ° f w a claim for £25 damages brought by W Bartiett (Mr R. A. Young) against D. J Millard (Mr J. K. Moloneyi. The plaintiff claimed that defendant who had had charge of the horse under a lease, failed to give it reasonable care and attention, by rea ®°" £ f which the mare was in poor condition when returned, thus depreciating its value for racing. , Defendant denied that the mare bad not received reasonable care ana aitention" and that it was in Poor condition when returned. It was a ß®d and had little value as a racing proposi U °After the hearing of considerable evidence, judgment was given for the plaintiff for £ls and costs. CLAIM FOR COMMISSION R. M. Watson (Mr A- Brown) proceeded against Mrs J. Louisson uvir F D Sargent) for £125 commission fir thc Slc. of a gown and milliner, b 'Sefe S ndSt H cilwS e that Watson had £ >r a rart!i iva: i h a e s •sssn p s^,s h f 3 services. Judgment was given for the plaintiff for £SO and costs. JUDGMENTS BY DEFAULT Judgment for piaintiff by default with costs, was given in the following Ca jf S ßallantyne and Company, v. rp tjt rjavGv 6s lld r Commis T- R a T £ es V. Edith Digby War£l2 15s 6d; E. C. Sorrell v. Grant H g ’Curtis.‘ £35; Christchurch City Council v Cyrus: Edmondson SLua *&£*£££ 5S ™ faSe v. Daniel Curtin £7 4s 8d; same £m S e ar v hj JoTephine HalL £32 2s 4d; same v. Charles Hamilton Dann, £29 10s iua, same v. Alfred William Agass, £2B 5s Id; same v. James Leslie fls 9d - same v. William Parr, lOd- same v. Francis William Craw£33 3s 8d; same v. Fred Arms?rong £25 16s 4d; same v Henry Giddlns and Sarah Giddens,£2s 13s came v Mabel Hart, £33 0s lid. Thomas Robertson Goldie Dryden £33 6s lOd: same v Frederick James Whitchurch, £35 2s 6d: same v. Charles Henry Moir, £5 8 s y. Joseph Smith,, £22 Is sa,

same v. Henry Manningham Buller, £lO 13s lOd; same v. Robert John Yates, £26 Os 7d; same v. Henry Smith, £6 11s 4d and £4 Os 8d; same v. Cecil Henry Hight, £l6 10s; same v. Martha Jane Moffat, £23 8s 3d; same v. John Edward Thomas Boyd McFadden, £24 14s 9d; same v. William George Black, £2l 12s 8d; same v. Nina Stuart Niven, £47 19s lid; Hutchinson Motors, Ltd., v. C. J. Snell, £1 4s 8d; Ashby, Bergh and Company, Ltd., v. G. Chattaway, £2 6s 3d; Jas. J. Niven and Company, Ltd., v. G. Chattaway, £3 17s 7d; J. Rattray and Son, Ltd., v. Mina Amy Dyer, £ll 10s 6d. JUDGMENT SUMMONSES On a judgment summons, C. H. Chappell was ordered to pay C. V. Harvey the sum o£ £2, in default four days’ imprisonment, warrant to be suspended as long as defendant pays 5s a week. S. R. Dixon was ordered to pay Whittaker, Payton and Company, Ltd., £6 10s 6d forthwith on a judgment summons, in default seven days’ imprisonment, warrant to be suspended as long as defendant pays 12s ,6d a, >veek. *