MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 31, 31 October 1907, Page 8

MAGISTRATE'S COURT.

; (Before Mr. W. Or. Riddell, S.M.) POLICE CASES. . One first -offending inebriate was convicted and discharged at' the Magistrate's Court yesterday morning. Robert Jackson and Tlionms Gardiner were each convicted and fined 10s„ in default' 48 hours' imprisonment,' for drunkenness. OBSCENE LANGUAGE; A plea of guilty was entered by Wm. Heiiry Roberts to a charge of having used obscene language on board . the ;> steamer. Rotoniahana on October 29., It was stated by the polico that accused was a seaman onthe vessel, and had ii3ed the language complained of t-o a ■ stewardess;,with whom he 'war. not on. good terms: ■ Sub-lii3pcetor O'Donovan saia : there wero. a - good many people about at the timo, and characterised the conduct of accused as "siir.pl.v outrageous to'a female."' His Worship inflicted a lino of £3, in defs,ult fourteen days' imprisonment. -■'•■ . THEFT OF LEAD. ; , Edward Wilton, remanded from ' Tuesday on a charge of thol't of lcad, valued' at £2, from'the roof of Messrs;'Bothune and Hunter's store," was brought forward for sentence. . Mr.. Dunn informed the Court' that since accused was remanded : the' £5' had been paid by relatives for Tepairihg tho roof. 'His' ,\Vpr'sbip ; said ,ho was .prepared.to give accused another chance'.,.-A conviction "would be entered, and would be ordered to come..up-for.sentence wlicn,'called upon. ' . ' '. A TRIVIAL ASSAULT. Hamilton Worthington ; (Mr. 7 • W'ilford) charged, Julius Lute-(Mr. Blair)-..irith having ■assaulted him 'on Septehiber--29.- ■ Evidence showed that plaintiir .had lodged- in defen-; dp,nt's hotel, and a dispute,.arose over the settlement .of an accpunt. ..After ,hearing .evidence at length, His Wrirship -romarkod that liad one or* both .of/the parties .been of a loss oxcitable. nature ': the f. 1 present .n ,proceedings would probably 'never hare._ been instituted., The whole affair was a.'/trivial matter .which should-nevqr have-been brought into tho Court. Both parties, were !fo, blame, aiid equally to blame. The information must- be dismissed, each party paying-its costs. .-

: ALLEGED INCENDIARISM". . • : ; The young man, Francis ' Gordon Lyons, arrested ion- Tuesday.* afternoon- jin tion with the alleged incendiarism at,: tho premises!.of a ..Cliiiiamanj. No; 61' Streot, :was.';brought : forward .and remanded until ' November G, on! which'.date -two _btlier .youths, remanded -. on vTues'dav'.on a similar charge, are to'i cdmei.up for .'trial:; \Mr ; - "VVilford' appeared for .the-' defendant. . 13ail ;was allowed in self' '£100, and. .%.o. "sureties-, of £30 each. BREACHES OF BY-LAWS. : : ' . i A Chinaman, Wong Ching'Gun,' 1 appeared to answer'a charge of having, allowed; offensiversmolling rubbish to remain on his premises, in contravention of. tho city by-laws. Corporation Inspector Taylor stated thai-he visited the' premises-in- question and found seven' sacks bf'vcgetables'-and fivo, cases of rotten "fruit- complained ;of •in the- yard, which was situated in a-congested area: ■ Since the. information; had been- laid -tbo rubbish, had been'cleaned".oiit." ''t'' l . ': - I '' w< : Defendant contended) that' the reason, for ■ the rubbish' : being lbftvon the' premises was. that tho carter had not called to 'remove it as instructed.' - ■ • i' i .-.-.j' Mr. O'Shca informed the Court that it : was' a-comriibn -practice for. Chinese fruiterers to: keep.refuse"-in'ithair.'yards;:i' ; i !•«•;.» -. ■ His Worship stated' that : accuscd •had l taken prompt steps to' remove tho rubbish, but lie must be penalised for the breach and' .as. a'warning' to others:' -Hewould be convicted ; and fine lOs.y 'with costs 7s. in- default.48 1 hours' imprisoftinentv;-. . 1 ;• . ' Ivo Greer was convicted and fined-ss..with 285. : costs, ■■ in : default "48- hours'' imprisonment, for carrying on business as a* carrier at Johnsonville" withput having pbtained the nccesSary'.' license: '" - J '"' ■ Walter. 5 Archer 'was' 'convicted, 'and:.-;fined 10s. with costs 75., |n default' 48'.hours': imnrisonment', 1 for' being 'the owner-: of' an; unregistered'clog. : 'A' similar':penalty !was:;imposcfl'pri' Wrii.'-'Heriry 'Ballinger- for allowing a horso/..t0 wander;' on Upland: Road, Kel'burne.' ■ ■■■■'<!■' -i--A FAMILY QUARREL., ;: A family 1 skeleton was bared ito '.the Court 'in an- assault action/ John, Kelly v. William and Henry -Ellis. :i . informant... stated that lie 'was r joint .tenant , of; a house with defoudants, and that' abbut iC- p.m. on October, 19,--whilst- he was fitting .down. at>tea, the two' .accused-.'. burst', into > the j room- and : commenced to.'vassault ljim.-. i v Defendants, donied having c,bmmitted.{-the .assault.; They had ("gone to,, the housoto .remove some ,t if, th'eir- clothes, after : ,a-.' fapiily '• quarrel, when complainant'.-attacked-..them, -and, a' struggle, onsued. . His-. Worship, in, : giving his : decision, remarked that he considere.d tbe.whole ; of- the ovidenca showed a .rather., sbrdid state' .of affairs -in the-family. '-It'''seomod- to'him, that, complainant:was, ,in 'a; '"great - measure,,jto : blame. ) 'The. Court was not ' ( satisfied; that, defendants did riot'go to.the house'for their clothes. ,-They probably:'had: prbro'cation, bui; they, must bo penalisodj- although : fcho: penalty would -bo light.- William Ellis" jyoidd be. convicted and fined ' 10s., costs,''aiid Henry:.Ellis--would''be- convicted' and; fined os M 'without, costs.:. Mr:--Cook appeared "for complainant, and; Mr.- Johhstou, for.,defendants.' - - ■ -7 ■

A CIVIL ACTION. " A civil action in which James -Eirkwooa claimed £41 12s. Bd. from Charles Martin-, and. Martin', counter, claimed fo'r£sl 175.';9d.~, in regard to partnership accounts, was heard, bofqre.Dr. M'Arthur, S.M. .Over two, hours was. occupied/!in ' taking' evidence,, ; and/His Worship I ', gavo .judgment:-; for; amounts.'.on both "claim and counter claim;'which left a balance, of, M"9s. Bd. in favour, of .plaintiff,' who was ' also\ allowed i costsy- £17s.' •' His, Worship hold .that lie .had;,'no:, jurisdiction on the ,'principal:'amounts; in' .the action as the- matter in 'dispute ;w'as" a .partnership transaction. Mr;,Bolton appeared.for plaintiff, and Mr/Fell..for defendant./. (