MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 115, 7 February 1908, Page 4

MAGISTRATE'S COURT.

, . ' POLICE CASES. ' (Before Mr. W. G. Riddell, S.M.) Alleged, assault. ■, / • Ple®s ,of " not, guilty " .were 'entered, by John Ciithbart and Ernest Clansov, charged with having unlawfully' assaulted Patrick Reed. His \\ orfihip held.that the evidence against. Cuthbart .was . conflicting,', and riot sufficient to warrant , the Court iu saying ho had comniittod an assault... Defendant would be discharged. , His Worship, considered that, Clansey was the first to commit the assault, and ho must be convicted ..and fined 405., in. default seven days' imprisonment. ' DISOBEYING i LAWFUL COMMANDS. : Aiy Italian seaman named Leonardo Lariuo was convicted and'sentenced to. ten daysimprisonment' fo'r having disobeyed tho.lawtul : commands'of .tho master iof .tho ship Gini. Larino was. ordered ; to return to his vessel ou>j completing his sentence. ■ CHARGE OF FORGERY. ; A young man vriaraed Robert ;Iboll was re-' nianded to appear at Masterton to-day 'on, a charge of ihavjng, on. of about Fobruary 1, forged a. cheque for £5 on the Bank of Now ■ South Wales, purporting to ■ bo : ' signed by: WL Raner, and having, uttered' .samo to Robert Barclay. ' • STOWAWAYS. . . A . batch of fivo stowaways; all Australians,, ranging in ago' from nineteen to twenty-four years, ,and named | Goorg'o Hodgson, Georgo Hicks, Hardman,-.Thomas Adams, and v Frederick;;, Williams, and .charged, with ~bavirig,' : travelled: l.rom, Sydneyrto Wellington by.the„steiinicr.Mo,eraki : without' paying. their',fa"re"s,:.£3 195.-6d.vcach.; Tlso spokesman ; for. defendants, who.:'' all : ploaded, guilty; volunteered;.'the statement', that' the.-men would' pay .the fares if' viiey could, getVwork.' r •;_. 1; . . ' ; His.Worship' said, he.; could riot treat: tho present case in a different" riianner to others' •which'-came boforo him. : .Defendants must havo known they had no; right on tho vessel without paying , the legal ,'far'o.. ' Each' defendant would bo convicted'and fined in do-' fault twentyVone days';, imprisonment;

/ - / MISCELLANEOUS,. Thomas Scott and Amos Mooro wore each convicted;' and fined 10s., in default forty- 1 eight hours' imprisonment"; for insobriety; ,and two , first offenders, who did'not appear, wore also mulcted in fines of 10s. each, with tho alternative ,of for.ty-eight hours', in gaol: A third first' offender was convicted and fined 65.,-in default twenty-four'hours' .-imprison-, mont. " . . '• p • r ■ '■ ' ' CIVIL BUSINESS, ;,i (Before Dr. A^M'Artiiur/S.M.)' . . ■" 'undefended cases. : - Judgment for'plaintiff by default of defendant was givon lti thefollowing unclefehdcd■ 'cases:—Wellington Tradars.' Agency, as assignee's, >.• Benjamin brodie,; £5 12s. 9d.,' costs iil'3s.'. Cdl'j 'H: Oscar' Hewitt and' Co., Ltd., v: Henry Donkin, £5 10s., costs £2 Is. 6d.Commercial Agency,'' Ltd., v. W. T. i; Davi.cs, Ltd;,' £43 18s. 6d., costs £2 14s. ; Ross and Glendining. Ltd.,' y/ William Henry B'rarikpity £1 Bs. 4d,',\costs' £2 95.; William | Edward Timmiiigs v; Henry ,Hunter M'Coll, £1 Is. 6d., costs 7s.' . ; ; v. ■ '■ No.ordor was.matlo iiv'tho judgment summons case \W." A...Thomas vi P. \Miller, a 1 claim for £24 12s. Gd. ' ■ l v ! ; ' . : . • DEFENDED CASES The.i Empire Boxmaking Company claimed £4 lis. from Mrs. It..,flint, icyiuauiiiuu ujri j Mr, Herdman, for .goods supplied. , For, the dofenco it was oontondod that tho goods, supplied'were .entirely. ' different .from ''t-h'ose ordered, arid in consequence wore never used, although tho Company would not tako them back.'. Plaintiff . was nonsuited, costs £1 Is. being allowed defendant., .1. . F, and W; Ferkins, builders, claimed £21, 10s. 9d. from Sydney James Hicks, rent of a shop and gymnasium.. Plaintiffs wero nonsuited on a technical point. ' Mr. Tori Haast appeared for plaintiffs, • and- Mr. Stout for. defendant.; ' " . ', ,]■■■■' .- V Tho Wellington Gas Company sued Henry Brown for £1: 2s. 6d. for. gas fittings .alleged to have' been Defendant'denied that ho had ordored tho-fittings, or that ho ocoupied the premises whon.tho fittings wc.ro installed. , Plaintiffs woro'non-suited.; J. J. Curtis and-Co., Ltd., sued Henry CLuff for £2 los., balance alleged to Be! duo for./remoying defendant's furniture. Defendant couriterclaimed • for £2 15s. for ' goods said to havo been lost in transport. Judgment was given for plaintiffs for the amount claimed, .'with costs £1- los. Tho counterclaim was dismissed. Mr. Von Haast appeared for plaintiffs.. . (Before Mr. W. G. Riddell, S.M.I ■ Mfliy Ellen Kane, cook,, sued Sarah Clark, boarding-house keeper, for the sum of £9 Ss; 6d.,~ wages alleged to bo-dub for services rendered. Tho case for plaintiff sot out that there was an • agreement for £2 por week wages, and defendant contended that sho lm'd stated that slio would not pay moro tnan £1 ss. His Worship gavo - judgment . tor •plaintiff; for £8 Bs. od,\ with: costs 165.-(id.-; taking into consideration a counterclaim for £2 for board hud. residence.- Mr. D. M. Fiiidlay appeared for plaintiff; and Mr. Fair for defendant. . John Ik'van.(Mr. C. P. Knight) sued.John •Henry Wood (Mr. Beere) for £11 14s. 9d., for wages and commission.- Judgmont was given for plaintiff for the-amount--claimed, with costs £2 Cs. • 1 RESERVED JUDGMENT, . Dr. M'Artlmr delivered judginorit in- tiio case Peter, M'WhaniieH v. William John Uranism), Annie Branigan, and Hariy Arthur Shepherd, a claim for.£3o damages for'work alleged to havo been contracted- for "about.'a house sold to plaintiff by Mrs. Braingan, for whom the other two dofendauts actcd- as

agents. Tho hearing of tho ,caso occupied several_ days., and the case practically re- 1 solved it-self into the question -whether defendants had represented -that tho City Council would carry out certain works about tho premises. At tho conclusion of plaintiff's case , he yas nonsuited- as- against defendant Shenberd. • His Worship now .held that defendants, had not made' the representations alleged, and gavo judgment' for defendants, with costs £3 13s. . . ' .Mr. Herdman (instructed by Messrs. Mar- - tin and Atkinson) appeared for plaintiff, and ■'.' Mr. .Findlay and Mr. Young,.-for ,defendants Branigan and Shepherd respectively!.