MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 231, 23 June 1908, Page 9

MAGISTRATE'S COURT.

i « POLICE CASES. (Beforo Mr. W. G. Riddell, S.M.) YOUTHS 1 CHARGED WITH THEFTS. Albert Leary a.nd Edward Wilton were charged with having, on Juno 17, stolen a quantity of lead and copper, valued at £1, tho property of tho Now Zealand Government. ' Leary pleaded guilty, and Wilton, who was defended by Mr. Dunn, pleaded not guilty.

Evidence was given that tho two accused woro seon amongst tho ruins of the fire at the back of tho Post Oflico, collecting lead and copper from amongst the rubbish on the second floor. When they woro first seen, tliev were 'taken for members of tho Public Works Department, who were •looking for burned tools. On tho second occasion, tho same afternoon, the police were sent for. Leary was caught at once, and Wilton jumped down a 20ft. liolo and .eventually got out of a window and was followed. Ho was caught when getting off a ti;amcar. Connolly, who arrested both accused, deposed that Leary admitted the offence, but Wilton made no reply to tho charge. Wilton, who stated,that he had been working for tho past month, deposed that on tho day in question ho could not work on account of tho rain. Ho met Leary accidentally, and went into tho,building .to have a look round. Ho did not take any of tho lead or copper, which had boon sold'to a dealer.

Chief Detective M'Grath informed tlio Court that both defendants had been before the Court previously, on somewhat similar charges, and had given a good deal of trouble in connection with thefts of this class.

-His Worshio convicted Leary, and imposed a fino of 405., in default 14 days' imprisonment. He could not say at once what should be done wjtli' defondant Wilton, who would bo remanded until this morning. Albort Murphy, alias Woods, pleaded guilty to a chargo that on June 12, at Wellington, lib did steal a quantity of copperwire, valued at 305., tlio property of tho New Zealand Government.

Chief Detectivo M'Grath stated that accused stolo the lead from the telephone exchange and sold it. Defendant said ho had tho offer of employment on a farm fourteen miles out of Feathorston, arid would go to it, if ho had a chanoa.

His Worship remarked that monetary penalties apparently had'no effect on defendant who had been before tho Court previously. If ho did not' mend his ways at once ho must join tho ranks of criminals. Tho Court proposed to give defendant 0110 more chancc. He would bo convicted and fined £3, and costs 65., in default one month's imprisonment. ' BREACHES OP THE PEACE. Peter. Josoph O'Neill and Wm. Hartley were separately charged with behaving in such a manner in Willis Street as to occasion a breach of tho peace. Hartley pleaded guilty, and O'Neill not guilty. Evidenco was given by the police that at 8.45 o'clock on Saturday ovening the two accused had an altercation in tho passago of tho Albert Hotel. Hartley struck O'Noill and knocked him down. O'Noill got up and struck at' Hartley, and was again knocked down. Subsequently, the men struck each other in front of tho hotel, and', wore arrested. ' _ _• < : Defendant O'Neill denied that any blows wero struck on tho street, and called two witnesses to support his statement. His Worship ' held that tile ovidonco showed that there had been a disturbance, for which defondant Hartley had been mostly to blamo. Hartley would be convicted and fined 405.; in default ono'month's imprisonment. O'Neill must also bo penalised. Ho would bo convicted, and fined 205., in default 48 hours' imprisonment. A middle-aged man, named Harry Norton, pleaded not guilty to a charge'of behaving m such a manner in Cuba Street as to occasion a breach'of Evidenco for tho prosecution showed that accu'scd and a friend were going along tho street at 10.30 p.m. 'Oil Saturday, when accused saw a casual acquaintance under the infliienco of liquor, and decidod to help him along. The intoxicated friend subsequently ' struck ' accused, who retaliated. His Worship hold . that thoro may havo been somo provocation, but at the same timo dofendant would have to bo penalised. A' conviction and fine of 205. ( in default sevon days' imprisonment was imposed.

PROHIBITION ORDERS. Prohibition orders, to lmve twelve months' currency in the "Wellington, Newtown, and Hutt licensing districts, wore issued against Dennis Yoro and Wm. Yoro. MAINTENANCE. Ernest • Clark, .clerk, 'was charged with failing to provide his wife with adequate means of niaintonanco. Defendant was ordered to contribute tho sum of ISs. per week towards support of his wife, and to pay costs, £1 Is. Mr. Hindmarsh appeared for complainant. ALLEGED PAK-A-POO PLAYING. Tho adjourned cases against Ah Joe- and Joe AVee, charged separately with using certain premises in Hauling Street as . common gaming houses, wore again called on .but, on account of tho absence from Wellington of Mr. Herdmau, a further remand was granted until Friday next. Bail was allowed in tho sum of £50 and ono surety of £50. Tho eleven Europeans charged with being found on tho premisos in question when they wero raided by the police were also remanded until tho samo date.

MISCELLANEOUS. Annie Mooro, remanded from Saturday, on a charge of using obscene language, and on a second information of having insufficient lawful means of, support, was further remanded until Juuo 29, on tho application of tho police. • For insobrioty, Wm. _ Williams was convicted and fined 10s., in default 48 hours' imprisonment. Nino first offenders were dealt with. Ono was convicted and ,fined 10s., in default 43 hours' imprisonment; four-wore convicted and'fined 103., in default 24 hours' imprisonment; two 'convicted and fined 55., in default 2-1 hours' imprisonment: and two convicted and vdischarged.. A further adjournment until Juno 26 was granted in the case of tho three ex-members of the Herefcumga Mounted Rifles, charged with failing to return their uniforms, etc., after their discharge. FIREMEN IN TROUBLE. BROACHING A CASK OF BEER. Threo firemen off tho steamer Waikare, A. Addison, It. Johnson, and C. Johns, pleaded guilty to a charge of having, at Wellington, stolen a quantity of beer valued at 55., tho property of tho Union Steam Ship Co. . Mr. Wilford, who appeared for tho Union Co., informed tho Court that the three men were discovered in tho hold of the steamer Waikare, tho quartermaster finding them at n barrel of beer, from which tlioy woro filling a kottle. They wero tokl to go away from tho cask, and did so for a short time, but roturned again. ■ Tho quartermaster again told thorn to desist, and said ho would send for tho police, whereupon ono of the aensed struck him. Tncy took some moro beer, and adjourned to tho forecastlo, whero tliey held celebrations in honour of tho event. Counsol romarkod on tho extent to which pilfering had grown at tho port, and nuoted 'figures to show the losses sustained by tho Union Co. and tho Harbour Board of lato. Tho vice was growing to such an alarming extent that tho Company folt that it must appeal to tho Court in the matter, as scarcely a day passed withoiit complaints being received from consignees or shippers of cargo. 1 Tno three accused wero remanded until Juno 24 for sentence. LANDLORD AND HOUSE AGENT. Reserved judgmont was givon by Dr. A. M'Arthur, S.M., in tho caso Randerson v. Eggors, This was. a caße in which Rander?

son, tho landlord of a certain property in Mortimer Terrace, sued Eggers, house and estato agent, for £16 Cs. 9d. damages in respect of loss caused by tho alleged neglect of defondant to collect regularly tlio rents duo from two tenants of Itanderson's property, suffering them to fall into arrcar, and allowing the said tenancies to continuo over an unreasonable period. In giving judgment, {lis Worship hold it to have been shoivn that defendant had mado reasonable inquiries regarding tho first tenant, who was a suitable one, and paid his rent regularly until an accident happened to him, when his rent, in consequence of loss of employment, fell into arrear. Thoro was, therefore, no negligence Tith regard to that part. J Nor was thoro. any negligence with regard to tenant No. 2, although the circumstances wore somewhat different. It had been shown that this tenant was an undischarged bankrupt, but this fact was not ascertained by defendant until long after tho tenancy was entered upon. Leniency with respect to arrears had no doubt been shown, but'plaintiff, being 011 tho spot, could at any timo havo acquainted himself with the position from defendant's monthly statements, and could, further, havo determined the agency at any timo had ho so chosen. Tho commission paid covered both the letting of tho house, and tho rent collecting, and although it was incumbent upon a house agent to oxercise reasonable diligenjo in ascertaining the fitness or otherwise of prosnectivo tenants, it would be absurd (Milner v~. Lumley—Mr. Justice Wills) to say that he was bound to guarantee the ront. Judgment would bo for defendant, without costs. MISTAKEN IDENTITY. . A young man who was arrested on the arrival of the last ■ Melbourne boat as 1 being identical with an alleged offender named Thomas Stone, wanted on a chargo of maintonanoo in Tasmania, denied his identity, and gave the local police information as to his movements and relatives, which particulars woro cabled to the authorities m Tasmania, upon whose information the arrest was made, with tho result that a cablegram was received yesterday afternoon that tho case was one of mistaken identity. Tho man, who was remanded on Saturday last, was brought before* tho Court immediately on rceoipt of the advice, and discharged. ,