MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 556, 10 July 1909, Page 15

MAGISTRATE'S COURT.

(Before Mr;, "W. G. Riddell, 8.M.)

'/• 'MORE SLY GROG-SELLING. ....' ' Pleas of- guilty , woro entered by Leonard -Russell to throo infonnationa of sly grogGelling; • .* Sub-Inspector Norwood stated'that accused - -> ■ had' been- proviously oonvicted of sly grog- : soiling. ' Wlien tho polico visited hts place thoy found forty bottles/ tho contents of which-had evidently been consumed on the ' promises. His' Worsliip Bontenced accused to one month's imprisonment on each charge. A DELINQUENT BOARDER . -.A/delinauentj.boardor, named Brown, alias J(paqiimo Andraes Lancaster, was charged , with. obtaining board t-o the value of £5 ...'fittm MaryiJano Baoovitcb, by moans of falso pretences. 1 i I ■Chief Dotoctivo Broberg stated that ac.cused represented himsolf to be a: traveller for a. lirowory, and after -boarding for a : -v month left without paying. ■ ; . : VvHis 'Worship remarked that the act was a mean v ono, but .as defendant had pleaded gudty.ho would.impose n'conviction and fino of £3, in default 21 days' imprisonment. " • °-f - • "A BIT OF A SPAR." '•Two . expressmen, John Jackson and David ,M'Ojombe, were cnarged with using threat-:--yr enmg, bebaviour on -June 22 at the express Btand rof 'the Thorndon Railway Station in view of passers-by, whereby a'breach of tho peace was'occasioned::'■« :' ; , - -They pleaded not guilty, but several' wit- ..(■■■ nossos ; wore called by Sub-Inspcct-or Norwood • : . in'suraxirt of tho charge.' ■ stated that thoy had only had 'a few words and a bit of a spar," but his < J r ®P l P entered a conviction and' fine of caso, .with costs £1 55., -to' bo • : :.equal portions by defendants. Tho . ; doiault was fLsed: at seven days': imprisonment. , ' THEFT OF A BOILER. .A-, I :charge . of-- stealing.a' copper boiler, valued at 55., the proporty of John Charles ;; : : ; . Bbthol,,'was preferred against Geo: Hastings, . alias,Taylor.; .Accused that the boiler ■ was a' discarded one, which no one wanted: ' but 'Sub-Inspector Norwood said that accusal htld offered to buy the boi]or, and whon it was/rofused him, had taken it- away and planted it. , There -were. 27 previous convictions against ; him j -them being' for .. ,-./theft. l .,'A Bentenoo of- : one -month's' imprisonmflnt Was imposed., ' ' "WHEN NEIGHBOURS QUARREL. .-rA prcisecqtion was instituted by. Nettie L: Mewhimiey against Elizabeth Neno on a . . ~r rfjarge-.of .on June 27 assaulting informant. . Tho evidence - showed that the assault arose from a family quarfel. - ' . , .■ . il)efondant was ordered .to .pay costs £3, : ■ i .snd;, enter into a bond, , in . her own recog- • ;., nis4nce ; of £20, -and ono suroty of £20, to ketk) the peace for tbrce months. : •_ Mr.v-Herdman appeared for;informant;"and . :■■..•■ Mr., O-Leary for/defendant. ■ : ? -. l : " DAMAGE ' 'On, Thursday night Thomas.'.Livingstone •had no place to lay his head, so ho went for , '. a to -a boardinghouso. : Being refused,' ho went 'outsido and_ endeavoured to disturb tho , :-i-..-.v.---.-'.TpsfcjOf',others inside by. smasliing a window. v ' . . /iWnen-charged.with tho-offence accused.{raft. convicted and finod 205., and ordered to pay ''< damage donei'to tho window, 10s., in ,< default 14 days' impriaomnent. ; ■ - A: similar,- charge, of damaging a pane of R'nss, valued i at. 65., was proforrad against , : ,Wm.- Johnson, . who ialso/ charged . with : orunkennesa. > On tho charge of insobriety a ooaviction ajid a fine of-ss. wero imposed: ,and. on-the charge\of-wilful-damage accused wis filled 10s v and ordered to' pay for tl»i , damige, 65. - , in default seven days' imprisonment. ■ I ■ ' SECOND-HAND DEALER'S OFFENCE. A second-hand dealer namid Walter Price pleaded'iot guilty to two charges—(l) of on June 21 failing to enter in his /book certain articles purchased,- and (2)'. purchasing a cer-second-hand, article, a rifle, after the hour, of 6 pjn.. He was defended by Mr. WllfOTd. first charge, ho was convicted and fined 40s. and costs 75., in default seven ;j-unpnaonmeoit, and on the- seoqnd was : . ordered to pay costs 175., m default 48 hours' 1 , imprisonment: / 'iJiS.-X •"'' ;! V:-j 1 ' 'I INSOBRIETY. . ; 1 I For insobriety, Patrick Rioe, who had been 1 previously convicted, was fined 10s., in default 48- hoUra in gaol. Ono first offender was ...oonvicted; and -another'fined 55.,'I ■■■■■ houjfs,:and a third remanded to July,] 6, ~ , i ' WANDERING CATTLE. . A number of people -,w)k> have persisted ill : grazingj.their, cattlo ;'.'loßg-acro pad- . dMk'^.were called upon to. answer for their :- . offences., Mr. J. Doyle, city inspector, said thai the Town Clork iad received numbers of v- ; complaints in regard t-o straying, cattle in outlying suburbs, and tho city officials were bc- ■ ing,strict in tho enforcement of the by-liw The following penalties were imildscdFined ssr. mth cOsts 75., in default 48 hours: Wm Frjr Newcombe, Henry Antrobus, Wm. Bovd, Emily,-Mi Evatt, Geo. Gooebj. Jeremiah HaTnngton,.Edward Hayes, Joseph Howardj Geo. i. Hunt, yAlbert Mildenhall, Lavington M'Wilm ChAs. Sargeatlt, Edward T. Taylor, Chas. Waddley, ttcs. Wats6ti, and Jonathan Wilkins. Fined 10s/, costs 7s.V , in. default!4B hours: M. P. Spiers,- John Bassett (slso.ordered to pay costs 7s. on second charge), Edward Bloomfield, Thos. W, E&stofl, Cecil Graham, Elizabeth Robertson, and Francis Wallcor. Fined 205., costs 75., in . ;v default seven days:: Samuel jßrav, Wni; J; . .■Hart, and Reginald Welsby (also ordered'to . pay 75., costs on second charge).' ■ " ■' ■ / OTHER CHARGES. '.William Tonkin, for riding a bioyolo with-out;a.-light attached, wis co&ricted and fined 6s> and- costs 75., in- default 24 hours' imprisonment. . • For driving a. pair of horses and a vehielo ■ at a furious pacoialong Thorndon Quay, Wm. .Smith,was fined 10s..and costs 75., in default 48 hours in gaol. A conviction and an order to pay costs, , , 75.,: were'imposed-on Joha Faloon on a ' . charge ,of being ,the occupier .of certain pr<j-> • mises.a chimney of whioh was on fire. ! CIVIL BUSiffESS. (Before Dr. A. M'Arthur, S.M.) •A MOTOR-CAR' COLLISION. A. motor-car and bicyclo collision led to an action, brought by Wm. . Clias. Watson. ; . builder, to recover from Geo. Pinnock; hotel : .proprietor, tho sum of £4 10s. as compensa--.'..tKm for personal in juries/damago to bicycle, - . and loss of use of bicyclo arising out of the . accident. Judgment was givon for defondant without costs. Mr. Hindmarsh appeared for plaintiff, and Mr. Findlay for defondant. ! CLAIM FOR COST OF GOODS. Norman Heath and Co., ennineors, claimed £2*l 13s. 4(1. from John M'William for goods . sold .and delivered. Mr, Dix appeared for plaintiffs. ---After;partial hearing of the case, - Mr. I]air, for defendant, intimated that lie , would consent to judgment for £23 Us. lOd. ' Cbats\. wore' given for plaintiffs for- £7 16s. ' RiVBBITS FROM THE TURAKINA. The-case of John Milesi (Mr. O. Beere) : and Joseph Ingle v. William Hurconib: (Mr. Hindmarsh) again occupied tho attention of the Court'. The - statement of claim, set out that the parties,, all of wlujm are -fishmongers, in 1 ■ October, 1907, entored into, a verbal,contract, in':the nature of a special partnership, whereby it was agreed that thoy should jointly purobaee the rabbits which had formed part of the cargo of the steamer Turakina, wliicli caught firo, and should liavo them prepared WelliiiKton, and should have them prepared for sale in the local market. Each of the

partners was to share equally in tho expenses and in the. profits. It was further agroe(l that^ each party disposing of tho i rabbits shcruld be debited with seven shillings per case for every caso taken by him, but should bo entitled to retain for his own use _ and remuneration whatever -profits he ; might, derive from the sales made by him, ovor and above tho 7s. por oase, The rabbits were accordingly purchased, and prepared for the local markot, at a total cost of £160 143, 6d. Tho parties sold in all three hundred and eighty .eight cases, of rabbits, representing, at ib. a caso, £135 16s. Bd., which sum, deducted from tho total cost of £160 14s. . ffl., loft a dcficit of £24 18s. 6d. Of the three hundred and eighty-oight cases sold, tile defendant took and sold one hundred and sixty cases, representing a value of £56. jTho defendant did not pay tho £56 due by him, nor did he pay his third sliaro of the dcficit, £8 6s. 2d. Owing to the failure of the defendant to pay the slims mentioned, tho plauitifts . paid tho . whole l of ' costs . ana expenses, £160 14s. 6d. v Tlio plaintiffs therefore claimed from tho defendant tho sum of £6-1 6s. 2d., boing the unliquidated . balanco .of the partnership account between; the plaintiffs and tho raondant, and duo to tho plaintiffs at the time .of the determination of, tho partnership. , ' ■The caso was previously before tho Court several months ago, when his Worship gave judgment for-tho plaintiffs for £47; ■ Tho defondant appealed, tho caso being heard in ,the Supremo Court by.his Honour Mr. Justico Sim, who allowed the appohl, and ordered his Worship to rehear the case. : ..His Worship intimated that he would deliver his .decision on July 15. 1 1 ... . ' .S5 <