MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 98, 18 January 1908, Page 7

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr. W. G. fiicltll'il, S.Jt.) . Tilß'T OF AN DVMCOAT. .William Brew-eauie . t?n-wnKl tor sentence, oil a charge of stealing all overcoat, value £% from -illie - Mili'ist- Brothers' school du. Jaiiiiiiry li. ■ ' -, Chief Detective M'Griitli.stilted tliiit notliiiig \Vtis knb'ttii ;ig!\iilst accused previously, oiitiilde of tlll'eb 'convictions- (of iiHobiiety. The.nihil had boon .working iii'tlle. eOiiiitr.y-, arid came into to\vU shortly, hefort tlic Holi-. days aiid ii>eiit what money he had with lilrtlJ The value ,o( the eoa't was over-csti-innttfd in. tile information. , It was " 01 th froiii 255. to 80s. This boat lind. been r«? ebvered. • His Worship rennirlied that defendant,, WAS apparently under the jitiltidiipe oF liquor when ho took tht> ebiit. lie would bo convicted and fined 205., and ordered to i'ttpay the 25.. lib bbtaiiiod Oil pAwtlih'g the eqatj also call hire. 25., in. ilcfaiilt st:v6ii days' imprisonment. :■ PllOint!I'lJ:i) I\ TKbIiBLK. Arthur Kdli'Arcl fonks pleaded gliilty, to a. charge 6f having piocmod liquor from ~t he lideiiSeA'of tho■ Ild.ynl. Tige!'-.-Hotels ■ dui-lng the. eVirrcii6y, of. a prtltibltipd, ,di der. • • •'/> ' ■ . Hi's Worship/Vbliiavksd that thte •«» tlte secortd Hirio clefdn'dhftfc liftd caiUiiti.Ued a breach : of the lsihjl, attU hd, miist Mo penal- ; isbd. lie would .he convicted and -.0?., ahd costs- 95., 'in .default, seven.,days.; mipriSbiinlbht. .'• ■ rotbOKM pr,STS, 'Joseph M. ISTeal ;ni\s«:prgd .a- --Sfr having, on or about Beceinber -i, hiilattfiilly laid poison in: a/garden attached to-pt-emiscs off Evans Bay Road. .... . , .- • , Defendant., pleaded; gUilty; blifc explained, that his actioirwas the result of aniioyaiieb cfmsod through cAts,, and fbwls, which raided his garden and scrAtchbd the vegetables but, of tho ground. , .Iho. poison used .was'-match-heads placed in pollard. .' Defendant si Ated that; ho was, not, hAvare that lie was breaking tho law Tvhen laving:poison on his.own property. . • , "Sub-Infepector O'Douoyan; informed. tlifi Cbllrt that o'li &nb occasioncightrchickbus; ahd (in Another occasion ten chickens And tivo hens, ' we're poisoned. , Tho, ■hpusb l , .w:|iß sbiiio (lis!ruico Ivonv Uio road, aiul'tho poison eoilld not Harm' Aiiliiinls -pifesiiig" albliß "tho;' l'Olld. ,',/'.' . .. /,. r/,/.'-,i-'V -i His Worship Warned accused of; the. .risk lib rah by'laying t)oisbri,.,ari'd suggested,that-.-a foivl-proof fence, would be a good.means of keeping tho foivls out-.- ■ A conviction mime be -entered, hut tlio Court would riiake the 'penalty light in viow of tho circumstances as related by defendants At tho same,'time .thb prAfct'i'ce. was a da'ngei-brii! brie. . Defoiif diiiit would bo convicted and fined 10s., and costs lis. : ... •'.' Defondarit: .Could . Your Worship, toll me how to kefcji tlib 'fowls oiir? ; His Worship: I"do not an3A'ov tlidsc questions. ■ • . • ■ : ' - A PATHI'R AND HIS SONS. . :~ Threo yoling nibn, Joseph liniicocki \ViI--liain Hancock, and. George' Hancock, \vbro charged with failing to support their father; Joseph Hhiicock, ' . . , .... . . ; . Mr. Hindmarsh .appeared stated that, tho, father had been .living, •at. Pali'nbrston North with tho eldest; son , until re'eontly, Svheh lie carive ; tp.;W'cllington ind tried to barn 'a liviii'g by'selling'pallors'.' Tho object of' tlib 'prbceediiittß 'was' f.o ,iniike .•the other .two; son?, ..contribute.. ' Plaintiff .Would be , satisfied., with . 'id.. ]ier week ,'fronl each of tlib soii's,. aftcl ,■ the. eldest soil 'had bnlyohetn. Jbined . so' that, ,lho order cWihl bo made. 'tlib course of e.vithe t\vb Eldest.6bns both • stated, their ■ Willingness to, give : their .father, a home, ■They We)-e'willing .to .but- did not-' Waiifc to" givo liiin r TOoney, ? wliicli' l 'thoy cofl-' sidored \Vbjild bb wasted..Tltq .Ihrbb spiis" .iie inAriied. riieii, the eldest Vith'.liiiic! children, second ..with .:four,' a'.iil tlifil thivcl with two. His .Worship oxpi'essbd the opi.hioir "that the case was one th'ar might" have b'cen 'settledwithout coming into. .Court.. PlairitifF. did "nbfe s'eisnv prephveil to . acccpt. tho offer madoiby the sons, but asked for 10s. a week. The Cdiirt 'ttas not prep.Vi'cd to liiftko nu order for this stlin. An order would be mnde against- each of .'the son's for 2s. a week. ASSAULT' At A RACE MEETING. A foreigner Miuned Jbhii Olaf Anderson i pleaded riot guilty to a charge of having, on January. 1,. at Taiiheronikhu racecouriibi assaulted ahd beaten one Jacob. ICorlsen. ' ' '■ '-Mr.-Dis .'ippbai-ed fb'r plaiiitift..;'. ; Evidctlco' showed ..that 'Kbrlsen arid 'tvb Other nibn we're talking oil the rircecoursb wlioil defendant came up to tho group and itiado an offensivb : remai'h to one ol tho trio. Korlscu I'epli'od, iliid Ah'dersbii piinclied him. Defendant, denied that lie puhehed plaintiff. He pushed hiin with liife opefi hand; Defendant sought to jVrovo that his words and action were warranted by llie previous attitutlb ,of iMaiiitiff and. bite of his friends towards hiin.. j After hbarhig evideiieb . lit. .length, T-tis Worship..ruled defehdiihtj who was bonvicted aWd fined •JOr..; iifi'd £'1 is., iii default' se'vbii dii.yK' inlpi-isdhiii . A WARNING TO SJIOKEftS; . An oldei-ly inan, named J'ohii hotise, was charged With having smoked' bfi the platform of a Government • Wilwhy bar'riagb, wliich Caifiage Was iiot ii sir.okiiig eaitiage. / . ' The defence by defendant was that Iho regular suiokiiig idifiage \vai full. ''His Worship impressed upon defendant that smoking carriages . were provided- on trains. Jf the smoking earriago was' full feny persblls W.ibtihg t'o sh\bkn Uihst wait their turn, or go, in to the Carriage ait'd stand, whilst they bad their stiiokb. . It whs hot right for in«n to stand oft tl-/, plutforms and smoke to the ahlibyaiice bf those people who went into a lion-smoking carriage to avoid the .smoker. Dcfondaiit would be coh'yicted and fined 10s., and costs 75., in default 21 hours' imprisonment--. THEFT ON A STEAMER. A seafaring mail liained Thomas Rogers Rudder appeared on remand to answer ii charge of theft oil January li of "s, 3jd. in l'noney from John Gardener', during the voyage bf the fetefinler Maori from Lytleltoii to Wellington. ' Accused), wh'o was defended, by Mr. I'. Jncksbii, pleaded riot gliilty, ' • John Gardener, -painter, "deposed that-he was a sal&oiV- paSSciiger, from Lyttelton by the Maori on Tuesday. Witness turned iii at /ibout 11 p.m., and after he had been in bed a short, time acoiwed came., into .cblii-. plaiiiant's cabin and gavo a pair of trousers hanging against the wall a shake. Witness heard sotiie. money rattle, tViid saw, the inan put- his hand ilito a pobket. and take out some money, aild witness called to the man, who said lie had iiiade a mistake, .and offered tlifl money back to witiieS.s. Witness would Hot, takd the money, so the liiali replaced it in the pockot himself aVid left the cabin. Witness put his trousers oil and followed the ..tftaft, subsequently reporting tho lilatter to the chief steward. H. Hailey, chief' steward of tho Maori, stated that complainant- had ebm'plAilibd to him about having had his pocket, picked, and pointed out acc'useil as t-ho nian ivlib lad done it. An. lioni- pro Virtus to the alleged theft witness saiv accused in'the saloon. On being asked his iuVrite, ileciised refused to give it. Witnbss I'o.nild that ho was a steerage passenger, ahd had been shown to tile stcierage quarters. Arnold liatchelbr, foreenbiii steward tif the IVlaori, who took defendant to the. fpreeahin, after ho tiad heeil aCeilsfltl bf the tiiel't, deposed that Rudder paid to him: "What tile ilid I want lo do that for!"" Accused luld plenty of money of Ids b\vll, aiid showed Witness over £'20 in sovereigns. Thomas fingers Rudder deposed thai; lie had been working iis a softiilatl oil the I'iiirni Company's steamer Waipori until December 23, having previously been on boats trailing to Loudon. Uefore leaving Lyttelton.. and [ lip lo tho Mine, the, bar on the. Mauri was . closed, h« and u fi'ieiul, Whilcehuri-b, bad a Jiumber of .-V&tajfe' h?o>»4.J>eeii

iliub 1)6-lost, liis frioiitl iiml-i.ivblit into thesaloon to lodic' for' liiin. Whilst (!»ihg.i,sb lie liibt jiii'old Imtii tfllo.frasjiintlerUhe'iiifliic'ncc of drink, and escorted, liiii'i lb his cabin, which was bjijmsito thiit bf coiilplainiiiit.-; : Wlieil ciilnihg out v <>1'" tli(? caliiii tile boat-lurched iii' ii-jtiiOSs tH])pisd, iilid ll'u'shlnibletl ilitq bflmjililiiiaht's cabiil, the.,tlbor, of Viliich was .-.Dfe the tVoiisbrs .ivliicli ,\vero. liailgiiijj tip to savivhiliisell'-, alid 'jillilcd itllfiiiV dbu'ii. tlio nioiidy spilliiig oil to llio llobr. As tvltiiess ivas J>ibUini» .it lip,- preparatory, to rbjilncihg it) (■ohi]')faiitaitt acc'ns«l-. liiiii; 'o.r i.t'.'Jlfi littt go .iiito-tlio cdbiit wltli tilb intention ol takiiii; the liiililey. He had no, lifted of ilio nibiiey, .as'hli liud Oviir i'-'O.of iiife oivii iVitli liiih. Evidoiiee .tt'is giVdli by. Wililcliiirblr' to till! driiiks lib had ivitli accused in Lvtt-jlibli Arid on the boat. - - ; , - btib-liispcntor O Jlonovan pressed for- a »niv pcnnlt\ i lliffts of this kind hist fd'spieibn iipmt : .rf'great■ humbt'r .of stewards..Ic. Iras iiot acciiiied's fault that Giirdbner lliid put liis giild. fiiivny ill iiubtlit'i' jilab'b'br tlljtt' ho ivils caii^lit. Itis Worship coiijideraP that-. liotivithstiuidiiif; thb fact that, accused, luid iv- .'-rtiisitierablb an'ioiilit of. iiibiieyj bii' hiriij-his ovidencb \Vsls not. oiltitlcd to thb sartio ci'cdiSici! lis that fbi-.tlifc prHseclitioil. : Accused ivoiMd lib (ibiii-ictcd alid'filled -iOs:, and coats in dol'aiilt 7 diivs' imprisoillhcrit., MisGEi^Akkbas.-v. Tlib Inspector bF ; Scaffoidiilg . against I'Vcdorick Georgb Ma'co and Jainrs iN'iclidlson 'for iMying Jict up a: scaiFOlding without haying iul'tilibd tho Inspector; : Dc-. l'ciidalits did not ail|Vonr,'.wliicli led *t.is or®!'.!P,,t<) remark that th'c.v did not bbb'ia to obitSidbr .'the, -inatter of. : great : 'm]iijr.t.iiice.' Tjinv wtitild be cbHvictcd and'fiiibd 20s;,,'niVd ,cbstfe 75., iii dcfiiilt '18 hfiut ; s'"imprik'biiiiioiit;. ./•;Alfrea_ Oili«. was convibtbd aiiel fiiicd os., iiiid ( ; costs -is;,- fbr .;ridihg A Uiicytilb'-.'altcr ;suiis6twitli'oiit a light.,.. . , David Wilson, whb plbaded 'ji li!ty to a charge of ih'sbbrietyi was.'cblivicted aiid'finbd 10s., iiv default 4S hours' iiflprisoiini'eht. (One lil-st .otfendbr. Was. convicted; 'and fined os.; ill dbraiili' jl-lioViri' ifappsonnierit., .N. Smith' Was . wit-li haViiig b'ech obneernbd iii 'placing a sign-b'baHl over 'part, of Jlaniibri Slrebt, siich hoard 'ii'bt'. liSying obi eiid iifliked't'o a buildiiig alid the oilior .to p verandah post. The Court hold' that tlio hoard would -have to ho pulled down, and dplehdaiit, who undertook to do this, was coiiVictcd alid brderod to jiay costs, 75.'." ■' CIVIL BTISIXESS. ■ ; (Before Di A. jj 'Arthur., S.M.V; . ' ■ -I'lib ..Civil-.-lifit---was called : over., bj' Dr APArthui'.,. judgnicnt •by dbfaiilt of : defbndaiit. hoiiiff entered iii thb cascyExecutors of Hirt L T dy s . Estnto .v. -Edwiii Jlooil, ft claim , for, £20'145. 7d,,. with cost's, £2 14's.. A MUDDLED PROPERTY TRA.NSACTtON. : As a sequel to thb sale of a dtfollirtg-libiise, Pctbr iM'NVhanricll. boilerniaker, sued William John Brahigaii, plumber, Alid.his wifb,AnA'b. Brimgin, and_ Hbrry .Arthur Shop: herd,; estate agent,'for £30... The statement of.blaira, a lengthy docuhibiit, set out that oil August 26, 1907, defendant Aniiie Branijtan, contracted to sell to . plaintiff a pro]iorty in MbSliani Avoniib for £'6"0.' The bthbr . two .defoiidants. acted l {is; agciit6 for Mrs; Branigiiil;and, tlib statbm'crit .'alleged,' induced i)lbiiitiff.'t6'6nter into a contract hy rbjpr'ose'nti'ng that tlib Corporation had contracted with. Mrs. Brhnigan . to extend a partly-coiistriictbd brick culvert , iii the property ;to the bbimdarv. (thus completely .brlckiiig-in a stream flbwilii; j through the : prbjiorty) and to fill up tho grb'U'v.d arid raiSb the, yard. D'efehdhnt W-. J. Briiiigari,. it .[was; alleged,,,.also' represented that;, thf: ;Cb:rlioration had contracted to,paint tlib. house, and prpvitlb.Va', ueiv .kitclicn, sink. ..Pliiintitf alleged-that defendants \Y. J. Braiiigau and Shepherd iiiado the reprcsnntations' Knowing that tho? wei'o, false, or recklessly, not- car-ing-whether they Wcrb tnic pr false.' After plaintiff had taken oVer the proj'ifcrly.hb ill'sebvered that- tho, Council had iiot coiitrab'tbd to execute any of the works, iioric of \vliich had since been executed, either by. tlic Council or any. of the dbfeiidaiits. : Tlib special damages alleged, to have been suffered by plaintiff were Depreciated vnhie of the property,, haVhig regard ..tb,'tlic fact thiit portibii of ,[tbo» sti'.cani., iVas, left.. opoß', aiid'that btli'br wbi;ks stipulated'for had not bebn. executed; Thb' .cost of cbntliiuiiig 'the cul vert to tlic hbundaVy, aii'd filling 'up the - gt'bu'nd ft'nd raising the yard was. set- doivn at'; £18, the painting at £10, ' and the;, cost, of, tho sink- at £2, making a total of £30, .the whole Of which was claimed as' against defendants ill', and Mrs.'Brhiiigaii, bill oiily £18 against. ..defendant Shepherd. Plaintiff was cross-bxa'miiicd at length. . To -Mi'. lie had-not-repented -his' bargain, .Asked hy counsels Si hetlier' Branigan. had oifergd - the whole of the piirchaso 'money back wlicn jilaintilf said lie' was not Sn'tishbd, iib..reply was given.. ; ' Mi-.;l'iiidlay. lf Brahigaii off«rs you how A cheque foV the aiiiouiit of the piirchafie moil by,' plus ill .your costs aiid interest bii the moiib.V-, will yoti hand him over 'thb •house? I am instructed to inako this offer. Plniritiff: I will hot. ■ [ At a later stage Air. Herdinaii, for plain-' tilt', asked that , this oiler should be put down ill. writing, aiid oo'uiiscl for Brahigaii proceeded tb do so. The crbSs-cxaiiiihatio'h lasted the whole: afternoon, the. ease it length being adjourned, until Jlbiidaj". . . . ■ ; Air. Young appeared for defendant Sh'cp-hci-d.