MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 543, 25 June 1909, Page 9

MAGISTRATE'S COURT.

•-.(Before MrrW. G.'Riddoll, S.M.) DOMESTIC MATTERS. The charge on which John Jardine Ewwg appeared before tho Court was that, on Juno 23, it Miramar, ho wilfully damaged a pano of glass valued at Bs, tho property,o£ Graco , Nellio,Ewing. Hβ pleaded not guiltj. ' Mr. Dalzloll, who appeared on bohalf of the informant, said that tho offenco was or a more sorious nature than appeared from tho charge „ .Defendant had recently been * convicted of assaulting liis ffifo, tho complainant, 'and had been bound over to keep the pcaoe. Tlio charge should havo been laid undor , the Ciimos Act. Since beinc bound over to kcop the peace, dofcndaiit had not kept away from itho honso, but had gono thoro ivlth(tho obvious intention of annoying 'his wife, and, on Juno 23, ho had smashed • the pane of glass , as stated < Ho was wil- • fully annoying complainant, and »ho was 'bound to take any stops to protect herself. Hi* Worship stated that an adjournment bo necessary to on&Wo dofendant to " engage counsol for his defence. Mr< Dalaicll stated Hint ho, had no objec. tion to an adjournment, provided defendant was not allowed to go and disturb his wife. An adjournment was granted to June 25, ' bail being fixed at £10, and one, surety of £10, conditionally on defendant's giving his I assurance that ho would not go to hisvivifo'e house at.Mirainar. ' ' rliding tenantless houses. Two oharges of theft vvoro preferred against , Neil M'Grcgor, o'no of atoalmg a copper boiler, and, gas Qttings, valued at £3, .tho property of Win. Chappie, and tho Other of stealing 1001b. ■of lead, valued at £2, the property of Frank Hodgson. ' ' ' Chief-Detective Brdborg stated that, on ' May 81,' accused went to an -unteninted ' bouse in Willis'Street, formerly occupied by Dγ: Chappie,' and stolo the roppor boflor and ' gas fittings from an outhouse. Two days later ho went to a house in Mount Street, • owned ,by, Mr. Frank Hodgson, and toro up ' the lead from tho bathroom floor. i His Worship said that he would treat the two offences as ono. Onth'o first chargo accused ws)s convicted and fined £3 and , ordered to pay the value, of tho stolen material, £3, m default fourteen days' imv - prisonment. On tho second cnareo ho was ' ordered to-'pay,tllo 'value of -tnfl stolen material, .£2, in default foarteon d»ys, tho , i sentences to ,bo eoacurront. ' , ■ ■ UNFORTUNATE.', ' A'middle-'aged woman of respectablo ap- ' poarariee namet l Nellie Clegg entered iv plea i of- giiilty to a charge of being a rogue and ' vagabond, m that slio ttas found by night . without Uwful oscuso on promises in Lorno Street., ' \ Station-Sergeant Darby stated that accused ' and her husband, who wore rectnt arrivals from'HokitiLa, were, bn Wednesday might, searching- for board and, lodging. Thoy be--carao separated, and accused subsequently ' down in>& stable in Lome Street. Nothing was known against her' prior •to tho with'which .sho.was now charged. His , Worship letnaikod that accused was unfortunate, but a conviction must bo entered against her. She was convicted and discharged. " ' , ; ,WILFUL X DAMAGE. Ernest Ellis pleaded guilty (to a charge of wilfully dainftguig'a paiiQ ot glass valued at 7s. 6d. the, .property-of J. Jamicson. Station-Sergeant Darby said that, on June 23, accused I'irent to the Workmen's Homo in Taeman Street, and wished to hiro & bod. Wbea this was lefused him; he did tho damago complained of. ' . , His Worship entered a conviction, and fino of 205., and costs 19s. 6d.,' in default 7 days' impnaoamctit.' ' ' insobriety: - ; i '~~ Four "were beCore the Court,for insobriety. Ono first affender was convicted, and fined 10s. v , in default 24 hours' timpiMiiii>< ment; Michaol Kiely, and William Hill," wW each fined 10s., or 43 hours' inlprisonmont , John ■ Thompson "Was fined 65".,-, with tho same alternative. , i." . > ;, - ' ' Civil/BUSINESS. ' i '' UNDEFENDED ,CASES. Judgment for_ plaintiff, by default of defendant, was given in the following undefended cases:—Franois Grier v. Hanokdmu Tβ Miko, £12,' costs £2 Os. 6d.; Stowart Timf her, Glass, and Hardware Co., Ltd., v. John 1 "G. Sims, £8 16s. Od., costs Bs.; J. W. Jack v. Wilson and Wilson, £5 Is. 3d., costs £1 6s. 6d.; House and Hurrell Carriage Building • C 0.,, Ltd., v. G. L. Andrews and Georgo Afldrows, jun., £2, costs £1 3s. Cd.; Kirkcaldie and Stains, Lid., v.'J. Amos, £8 3s. 2d., 3s. 6d:; Robert Martin, Ltd., V' William H. Eccles, £28 Bs. Bd., costs £2 Ua.; Mandel, Han is and Co., v. Alfred To**!,, £3 0». 6d., costs HOs.j Catherine £1 10s. 6d.; E. W. Mills'and Co., Ltd.; v. Frederick M. Owen, £8 9s, 2d.,'cos'ti £1 3s. 6d.; R. A. Cameron v. James Dotchin, £3 _ costs ,125.; Huteheson and Campbell, Ltd.,' v. Arthur 3. Daly, £4, costs 10s.; C. W. '' 7i ey o, and ' f° n «, \\ RfSinaJcl Welsby, £17 14s. 9d.,. costs £1 lls. 6o\'; J. Kcir v. Norman Gibb, £1,55., costs 5a. ; Geo. Herbert Barker v. Wm. Jas. Jamieson, 12s 7d COSts 7s. " , ' " I '' ';"" 'judgment summons. v Mi l !*' John Cotton-and Son v. , Michael P. Naughton, a debt of £10 Bb. 4d., . debtor was ordorcd to pay on or .before My , B 'J" default 44 days' imprisonment. n Sv w ? s Dlado m tl,e following'cases: Lam Charles Aubrey, a debt of £6 19s. DEFENDED CASE. A QUESTION OF CONTRACT. . Joseph Woolfe suo<l Aaron Samuel and Goo. Wm. Gray (trading t, fho Wholesale \ioo\C £lfiF a 7 } a "f miDS ( rece iver) N T°f •Vβ' * ~ i loee4 - wr ongful dismissal that he should enter their wrvico for a penod of twelve months at a salarv of' £3 ■ ?A ° f t,l<! , of, the business. Ho entered defendanjs , service on May 20, 1909 but was dismissed without having nartict , ■ ante, Mr, AVi lord raised tho following noneuit pomts: (1 that if tho engagement-wore o yoarly one, then, according to correspondence produced, it was to start at a future . tuno, and it coulj not be mod upon unless thoro wore sufficient memoranda to satisfy . tho statute of frauds; (2) if tho contract wore not'yearly, then tho payments should l bo Tveckly, becauso by, trade custom tho engagement was terroinaMo at,a week's notice, (3) tho contract was void from want of ■ mutuality;,and (4) a dissolution of partnership, made by..order of a Supremo Conrt Judge, put an end to tho hiiiug as tho firm by whom plaintiff was emplojed had ceaied to ctist. Mr. Johnston, nho appeared for plaintiff, was granted an adjournment until Saturday. < i