LAW REPORTS.

Dominion, Volume 1, Issue 42, 13 November 1907, Page 9

LAW REPORTS.

MAGISTRATE'S COURT. (Bofore Mr. W. G. Riddcll, S.M.) POLICE CASES. Four offenders for drunkenness wero dealt with by Mr. W. G. Riddcll, S.M., yesterday morning. Bert Coulton and William Cunningham were each-convicted and fined 10s., in default 48 hours' imprisonment, and in oach instance a prohibition order .was asked for by defendant and granted. One first offender was convicted and fined 55., in default 24 hours' imprisonment. ' . Ilichnrd Somers pleaded guilty to a charge of disorderly conduct in Willis Street whilst under the influence of liquor, and was convicted and fined 205., in delimit 7 days' imprisonment. Maurice Kelliher, a young man,'entered a pica of guilty to a charge of having used obscene language in Taraiiaki Street. SubInspector O'Donornn stated that ' accused Was at a social under .the iniluence of liquor. He used bad language in the hall, and subsequently went out into the street and mado uso of tho language complained Of in tho information. Accused: J was drunk, your Worship. His Worship: You havo no right to got drunk at a social. You will bo convicted and fined £3, in default 14 days' imprisonment.

William Monk, a firoman on tho steamer Mamari, appeared on remand on a. charge of theft .of an ostrich feather valued, at £1 17s. 6d., tho property of George Wilson, another fireman on tho Mamari. Defendant pleaded not. guilty' Sub-Inspector o'Donovan stated that, the man Wilson had not been seen on the ship sinco tho end of last week. . His Worship discharged defendant, i MAINTENANCE. Henry Davy appeared in answer to a chargo of having disobeyed an order to pay Bs. per week towards tho maintenance of his wife. Evidenco showed that the order had been made, in 1000, and only ono payment of £1 had boon made, the arrears to date boing £165. Defendant informed the Court that ho was under the impression the order had boon cancelled. /His Worship remarked that it was strange that tho orcfor had not beoir enforced before. Defendant would bo conyictcd and sentenced to threo months' imprisonment, warrant to bo suspended so •long as £1 per week'was paid off . the arrenrs. On tho payment 'of £25 the arrears to bo cancelled.

CIVIL BUSINESS. (Before Dr. M'Arthur, S.M.) Judgment was given, for plaintiff in the following civil cases:—Hallcnstoin Bros., Ltd., v. Edward Frederick Jupp, £4 65.. 2d., costs 125,; .H. Price and Co., Ltd., v. Albert E, Lawrence, £40 55., costs £2 145.; Stewart Timber, Glass, and Hardware Co., Ltd., v. Wm. Lnuglands, £46 17s. 7d., costs £1 3s. In tho judgment summons caso, Wellington City Council v. Leonard E. Tucker, a debt of £2 !)s. Id., debtor was ordoral to pay on or before Novombor 19, in default three days' imprisonment. No order was made in the case Wellington Loan Company, Ltd., v. Harry Leonard Jenkins, a debt or £13 10s. lid.

DEFENDED CASES. (Before Dr. M'Arthur, S.M.) ' ' Damage to an express was tho basis of' a claim for £2 15s. mado by Henry Bidcllo, carrier, against John Koir, customs' and lorwarding agent. Plaintiff claimed that ono of the wheols of his express was dragged off and damaged by tho negligence of tho drivor of t, lorry owned by defendant. Tho amount of the claim was mado up of the cost of repairing the wheel. Defendant' contended that plaintiff had not given him notico of tho accident, and had thereby deprived him of tho opportunity of ; handing the' claim o've* to the insurance'company. Tho caso was adjourned until Thursday to enable inquiries tD be • made at 'defendant's bffico as to whother plaintiff'had given' notico thero, as he said he had done, on the day following the accident. Mr. Von Haast .appeared for plaintiff, and Mr/ M'Grath for dofondant. A caso was hoard by Mr. Itiddell, S.M., iii which Georgo foogood, as nssignbo of a bond entered into with the clerk of tho Magistrates' Court, Wellington, sued Henry Norris\ for £25. It appeared that some time ago a, man named Nunn had an order made agajnst him for the maintenance: of his illegitimate child, and was ordered to find a'surety of : £25 that the order' would bo mot. Norri's became surety for' Nuniil Subsequently tho child's grandmother received a lottor from Porth, West Australia,' signed iy Nunn, saying that her "daughter could look to tho surety for maintenance. Aifow weeks ago Mr. Toogood,' solicitor for tho mother of the child, mado application ■to Mr. Riddoll, S.M. in Chambers, to have the bond assigned, to himself, so that ho could suo on it. The application was granted, and Mr. Toogood therefore brought tho present case. His Worship gavo judgment for tho amcimt claimed oncl costs, £5 ss. ' Mr. Cook appeared for defendant. FALSE PRETENCES. A domestic servant named.Christina Margaret Whyto was charged with, having forged a choquo signed by Mossrs. Tnlly Bros., of Groytown, for £3 10s. on tho Bank of New Zealand, and uttering tho samo to Jessie Packer. Chief Dotectivo M'Grath informed tho Court that dofondant, who had been cmployed at sorvico by Mossrs. Tully Bros., of Greytown, was only 18, years of ago, and previous to leaving tho employ of Messrs. Tully iiad stolen a blank, cheque bearing tho typewritten words "Tully Bros.!' She subsequently filled tho body of the cheque in for -.'.'3 10s., and presented it at tho drapery establishment of' Sirs. Packer, Wellington, obtaining goods and money. Tho money had sinco been refunded by friends of the girl. Tho Chief Detective considered that nothing could ho gainod by proceeding with tho charge of forgery, and suggosted ' that tho charge should bo reduced. His Worship said ho was pioparcd to reduce tho chargo to ono of false prctonccs. Defendant ontornd a plea of guilty' to tho chargo, and was convicted and ordered to come up for sentence when called upon.

SUPREME COURT,

IN CHAMBERS.' Mr. Justice Cooper held a sitting in Chambers yesterday morning. Probate was granted of tho wills of tho following deceased persons:—T. J; Butler, W. Smith, E. Walker, and F, C. Kolni. . Letters of administration in tho estates of H. J. Lcathwick and M. Henry wero granted. By consent, an order was made reducing by half the amount of alimony in tho caso Stock v. Stock. At 10 o'clock this morning Mr. Justice Cooper will pass sontonce on Wm. Waltor Burgess, committed at Wellington on a charge rf arson. »'