MAGISTRATES COURT.

Dominion, Volume 3, Issue 770, 19 March 1910, Page 15

MAGISTRATES COURT.

(Before Mr. W. G. Riddell, S.M.) TRENTHAM TRESPASS/CHARGES.; INFORMATIONS DISMISSED, Reserved judgment was delivered by, Mr. W. G. Biddell, S.M., in the cases of J. Waldeh/ racecourse detective)■ v. J, H. Williams nnd J. M. Cummings, officials of the Wellington and Pony Galloway Enoing Club, charges of wilful trebpass on the , Trenthani Racecourse. His 'Worship stated that each defendant bought a ticket which admitted him to the Wellington Eating Club's Eaceconrse unconditionally. Tho defendants' entry was 'therefor 6 lawful, and when they were told to leave on each day, it could not be said that they wero at that instant trespassers. A person must be'a trespasser at the time a warning was given to bring him within the Statute. In tin present cases it had not been proved that either defendant was a trespasser when h6 was Warnod Co leace the course. If either or. both word trespassers, then there was no proof of a , second warning and a refusal to leave. Under the circumstances his Wor-. ship considered it was. unnecessary for the Coiirt to decide whether being officials of an unregistered racing club constituted each defendant an undesirable character if found on a registered club's racecourse, when their reputation as citizens was otherwise satisfactory. Tho informations must be dismissed, Each defendant was allowed costs £2 2s. Mr. W. H. D. Cell appeared for Walden and Mr. Young for defendants.

PONT JOCKEY EUNS RIOT. A pony jockey, John M'Convill, failed to appear on three charges (1) being drunk in a tram-car on llaroh Bj (2) using ohsceoQ language in Moihnm

Avenue; and (3) with having assaulted John Speiice. Evidence was called to show that accused boarded a tram-car in town, and when the conductor noticed that the man was under the influence of liquor he ordered him off the car. Xho obscene language was then used and accused struck the motorman. On the urst charge a conviction and fine and costs 135., in default seven days imprisonment were imposed; on ther second charge accused was convicted and nnett .£3, and costs 135., in default 21 days imprisonment, and on thb third charge a conviction and fine of 20s. and costs Bs., in default seven days' imprisonment were entered.

■- . CRUELTY TO A HORSE. A plea of hot guilty- was entered by Stanley, Carpenter to a charge of illtreating a horse by working it when it was suffering from a sore shoulder. After hearing the evidence Ins AVofship imposed n fine of 405., arid costs lls. William Arthur O'Brien, charged with having abetted Carpenter in the coramiS' sioii of tho above offence also pleaded not guilty and was fined 40syand costs US. Both defendants wero employed by Easson and Co., Evans Bay. Sub-Inspec-t'Or Norwood conducted the case for the prosecution artd Mr. Eothcnberg appeared for both defendants.

CITY NO-LICENSE DISTRICTS. Three cases wero mentioned in connection with the liquor traffic in a No-Li-conse area.. . George Green, fisherman, Palmers Head, was down on the charge sheet to be charged . that when giving an order for certain beer intended to he taken into .the Wellington Suburbs NoLieonse' district lie did not notify the person to whom the order was given, that, ( the liquor was. to be taken into a No-License ■ district, and did not give a statement in writing of his, name and address. An adjournment to March 23 was granted in this case, also in the case : of Joseph Henry Chancy, brewer's assistant, who is to be. charged with de.livering to Green two 'gallons of beer which did not bear a written statement that the package contained beef. Chancy is also to be charged with failing to furnish the clerk of the Court with a statement of the nature and quantity of certain liquor sold , to Green to t be taken into a No-License area and with failing to supply the name and address of the person ordering the liquor and the name of the person ■ by. whom it was taken. Green ordered to pay 12s; costs of the adjournment.

■ ", BY-LAWS. . I Koir and.Go., carriers, were'fined Ss. arid costs 7s. for- allowing a vehicle to Stand in the. street. without any horse being harnessed to the cart. Inspector Doyle stated, that defendants' employees have got into' the habit of leaving their carts out on the,road at night. The City was geeting too : big for this kind of thing now,.and the practice inust be stopped. ■ Hpnte Wm. ; 'Adanii was fined 105. and costs J!l &s. for having used as a stable a building which was not built for such purpose. Mr. O'Shea: appeared for the City Council and Mr. Devine for defendant.. . • •;■-■ A obhviotion and fine of 40s. and costs 75., in default seven days' imprisonment, • were entered against Joe Lee 8r05.,, fruiterers, ■ for allowing offensive rubbish to remain' on their promises. Evidence was given by one of the City Council inspectors that he had repeatedly warned defendants ■ about leaving, rubbish about tho premises. ■■ In the present instance defendants had been warned on. a Friday and the'rubbish was not ,re-nioyed'until-the Monday^ Hop Fook "Chong 'and: Co., fruiterers, Ceurtenay ''Place, fre'ro also. iiile'd 20s. and costs"' 7s. for" ."rubbish to-'fe-mairi on their premises.. The default was , fixed' at seven'days,"imprisonment., '•'■■'•.

Henry Parkes Gubby and James Darby were eacli" ordered, to pay Court costs 7s. for failing'to;register their dogs. It was stated that both defendants had registered their,dogs.;since,-the .summonses tfdf6.issued.' ": ■".■■,.?■*■'. '"■■

, A.'fiite Tof' sC.ahd .costar/Ts.-, .was. entered I against' Kirkoaldie and 'Stains for allowing a vehicle without,a light tp;stand in Johnston Street .after sunset.. ~ .... .., Ellis',-second-hand deafer* 'was fined- lOs.'and cO6t6 , 'i3s. for allowing his' horse to be at large in Revaiis Street. . For. driving a baker's cart round.' the corner of ltiddiford and Rintdul Streets at other than a walking pace, Ernest Austin was fined 10s. and costs 13s.- ■ .' ' ■ ,'■ ; OTHER CASES. •i A/prohibition order. to have, twelve' months''currency ;in'..th<} Wellington and Huttlicensihg 'districts 'Was'j'Beuee. against Daniel 1 Gallofray: -: :X V'.' "; ,':.. • Winv'Maho'r Jlea'ded'guilty:to"a charge 6f;'e'nterihg''licensed;premises during the currency"of'-'a .prohibition order, and was fined 40s. and costs 135., in default seven days'.imprisonment. ' ' ' ■ A mau-o'-warsman named James Carter pleaded ■ guilty ao & l charge of indecency in Willis'Street, and was ordered to bo handed over ; to tho naval authorities for, .punishment. ' .■'.'.' Ada. Edwards was convicted and fined 205., in default seven days' : imprisonment, for insobriety, and on a charge of being an idle-and disorderly person the samo accused, who refused to accept an offer to go into , the Salvation Ariny Homo, was sentonced to three months' imprisonment. A boy eight years of age. pleaded guilty before the Juvenile Court to having stolen a guinea pig, valued at 2s. 6d., the property of Florence Quinton. The oftender' was discharged with a caution.

CIVIL BUSINESS. \ \ Mr. W. E. Hoselden, S.M.) Martha Pironi (Mr. . Neave) claimed ipV'lOs.. from, rrederiok Pirani. (Mr. Gray). "The Btatement of claim set out that the parties werp married at Napier on May 23, 1897. In July, 1902, the parties mutually agreed to live separate and apart from each other, and defendant agreed to pay plaintiff and her, children ■£2 7s. per week for their maintenance and support. This- sum was afterwards increased to £fl 15s. per week. Up to December 19, 1908, defendant paid the 'Weekly sums regularly, but. since that date) it was alleged, plaintiff had only received in all ,£7O 155,, and it was alleged that on February 5 last defendant owed j691'103. under the agreement. Defendant ufged that there was no epeoific agreement, and that he had undertaken certain responsibilities in regard to the education of the children which relieved him of the : payments in full. His Worship reserved-his decision. The partially-hcaid ease Wm. Niehol6on, as receiver for the debenture-holders of the Banks Co-operative Meat Distributing Company, v. vy"m. Wollarid, butcher, a claim for-i£3o Os. 10d., balance alleged to be due on ah account between the parties, ■ wns resumed.' -After the whole of the evidence had been taken his Worship gave judgment for plaintiff, with costs £{ 2b. Mγ. Bell appeared for plaintiff and Mr. Dis for defendant. ''"'