MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 550, 3 July 1909, Page 15

MAGISTRATE'S COURT.

(Before HA W. G. Ridaell, S.M.) , ST. (MARK'S BURGLARY: A CHARGE. 1 Michael Br«nnan stepped into the deck yesterday to answer two oharjM ef breaking and entsrine. The first Information was that, »n June 28, at Wellington, he did break and enter 'the dwelling ef Alan MT)oniild Jetmnen by night,'and did steal therefrom one- peenateie kirfe and tkree eetereljts, ef n t«til T»In» of- £i. » The aeeond information wm that, •» the e»me date, he did break and enter ft publi* place of mniiif, tt wit, St. Mark's Anslieim Church, and did eteal jewellerj and £18 ui m»ner. of a- tetal value »f the property of the Rev. A. M. Johnson. qhief-Bfttective Broborir asked for a remand to July 7. This was granted. ........ Mr. Meredith, fir accused, asked that bail be fixed. > , Chief-Detective Broberg: I nioet ask yonr .Worship to make bail substantial, as thoro are . other-charges pending. ' His Worship fised bail in .£l5O, and two euroties' of each. , , ■,'" JAMES HEMINGWAY. James Homingway, who was recently convicted 1 on ■ charges of .breaking and entering the premises of Whitcorahe and Tombs and the Percels Post Office, was brought from custody to'answer to two farther charges of brenkins aid. entering. The alleged offences were tuat between September U and 18, 1907, accused en-tered.-thft promises of Meiers. Eandel and Phillips 'by night, and stole jewellery and fancy goods of a total value of .£SO, nnd entered the warehouse of C. H. Diekerson and ' stole tweeds of a total value of .£l6. , Chief-Detective Brnberg asked for a remand to "July 7, which application Mr. Wilford (for acensen) did not oppose. / -. - THEFT OF COPPER BOILER. ' . A .ibortle-gatheror and labourer, ■ named , Thos. Livingstone who had taken a copper ? boiler, without the consent o£ the owner, *as ' called upon' to answer for the theft of tho 1 eame»- According, to ,Chief-Detective Broberff >| he took the boiler from au empty hones on • August 17, 1908, and sold it to a second-hand ' dealer 1 for a few shilling. Accused pleaded guilty, and was fined 205., in default seven days' imprisonment. | - , DISORDERLY CONDUCT. {Delia Booth, alias Gawne, was called upon to answer two onarges of ueinff obscene language and ( of disorderly conduct whilst drunk. She ' pleaded guilty to both'charges. On the charge i of using obscene language she was fined .S3, in" default 2t days' imprisonment, and, on tbc I eharie-Qf disorderly conduct, n. fitie. of 20s. was imposed, in default, t«ven days', imprisoa- '' meat.. I , ' . •' ' A STOEBN WATCH. , ' A'well-dressed man,' David ' John Lloyd, I, pleaded guilty to a charge that, on Jun6 28. i he stole a lady's watch and wrist strap, valued / ' »t 273". 6d., the property of Annie Bcsley. ,' On the application of Chiof-Detettive Bro- . - berg, accused,was remanded to July 5 for sentence. ' ' v 1 J DEMANDED TO AUCKLAND. Edward Russell was remanded to Auckland on a charge that,, at Auckland, on April 23, he failed' to abide by the terms of his .release under the First Offenders'.Probation Act. / ', . , ' ' " VAGRANCY CASES. " Harry White, alias BroWn, was charged with being a rogue, and vagabond, jn that he was foUMd'-by night, without Jarful eiciiie, on , premises in Elizabeth Street. Ho pleaded not giulty, and etated that .ho merely went on te tho'premises jn question to get hia hat, which had blown there. .Hie Worship entered, a con- ' ' yictioni > and sentence of three months' imprisonment. ' Two men were charged with being Tognes and vagabonds, in tbat they were found by , night on tho'TarAnaki Street wharf withiut lawful excuse When asked how they pleaded they both replied that they were guilty of being on the wharf. On the application 6f Sta-tion-Sergeant Darby, a remand was granted to July 5. ,*'., < ' ) Clara Algar, whi) was convicted for the third I time, was fined 20a, in default seven days' imprisonment. A first offender was fined 10s, ' in i default 21 hours' imprisonment. "THE RUSH OF BUSINESS." An i application for a rehearing in the case La"ne\T. Carey, a charge of assault, was made by'Jlr.' Weston on behalf of defendant Carey "Owulg to tho quantity of business in the Magistrate's Court;" said Mr. Weston, "decisions are often given, hurriedly." Hβ urged that'Section 120 of the Justices of tho Peace 'Act, 1908 (giving_ authority for tho rehearing 1 of' Cases by magistrates), was intended to,be interpreted in a liberal manner, in order that miscarriages of justice, wbfeh arose by reason of tho rush of. business, might be remedied , on which he applied for tho rehearing were that tho decision was against the weight of evidence, and that further evidence would be called / >; Mr. Buddie, on> behalf of Lane, opposed the application, on tho ground that the decision t was in accordance with the evidenoe, and that ' any further evidence that might be called could not have a. direct bearing on tho caSo. In that case he should aek leave to apply for o rehearing of the caso Carey t. Lane, in which Lane was convicted y _ His Worship intimated that he would look into the caso and make_ known his decision later. If ho granted tho application m/this caso he would bo bound to grant rehearing also., ' , SHOPS AND OFFICES ACT. r Horace Archer, charged on the information of C. E Aldndge, Inspector of the Labour Department, with employing a shop assistant after the hour of 6 pm., \va9 convicted and fined 10s ( and costs 95., in default 13 horns' \ imprisonment. , \ , CIVIL BUSINESS. ' (Before Dr. A. M'Arthtir, S.M.) ' ' ' RENT AND | DAMAGES. An action was Brought by Jane. Siegel, ladies' tailor, Manners Street, to recover from Mary Scott. .Ireland, the sum. of £S i 15s 6d., balance dud on account} and dauinjres for goods damagedw taken from, plaintiff's house, of which defendant was for some time tho tenant. Defendant counterclaimed !&> etoraeo ot\go6ds. Mr] Hindmarsji appeared for plaintiff, and Mr.. Wzlfwd /or defendant.His Worship gave ludgment for pliintiff on the claim, and for defendant on, tho counterclaim, each party to pay its own costs. ' COMMISSION. Aubrey Houston, of Wellington, agent, sued Fredcrlok Engolbert and Herbert Engelbcrti trading ae the Lux Light C 0.,, vendors of "Lμ" ligUu, for £® Is. commission alloged to ; bo duo on the ,sale of goods, as arranged betwsen the parties. MrV Buddie appoardd for plaintiff and. Mr. Blair for defendant. The case was adjourned. V *r_ JUDGMENT SUMMONS CASE. John P Shipton was ordered to pay Barber , nnd Co, butchers, the sum of £2 lie. 2d,, costs 6s, forthwith, in default three days' impijsonmcnt. ,