MAGISTRATE'S COURT

Dominion, Volume 3, Issue 857, 1 July 1910, Page 11

MAGISTRATE'S COURT

(Before Mr. W. G. RiddcU. S.M.) CAUGHT IN THE ACT. Charles Henry Cooke was charged with having ou Wednesday evening last attempted to steal <£5 10s. from Walter Boot, pastrycook, of. Lauibton Quay. The informant, Boot, stated that his till was a patent one, with a peculiar lock system, to which was attached an alarm bell. On the evening in question tho till' was locked, and witness, whilo absent from tho front shop for a f«w minutes, heard the alarm bell ringing. He rushed out and saw tho accused coming from behind the counter. Ho Bent for the police, and the accused waited in tho shop till tho arrival of Delectivo Camerou, who arrested him.

The accuscd denied tho charge. In answer to Chief Detective Broberg, he stated that ho had been in the employ of tho Union S.S. Company as a stoward, but latterly had been out of work. He had been drinking. Chiei Dotectivo Brobors said that nothing was known against the accused, lie camo out to New Zealand' about four years ago, and for threo years was a steward in the employ of tho Union S.S. Company. Then he went to London, but returned to New Zealand and again found employment as a steward. His Worship said that taking into consideration the fact that tho accused was evidently under the influence of liquor, and had no previous convictions against him, he would bo given a ehanco lie would be convicted of the offence and ordered to como up for Beuleuco when called on.

DRIFTED AMONG QUEER FRIENDS.

Henry Tamm, a young man, for whom Mr. P. Jackson appeared, pleaded guilty to a charge of being an idle and disorderly person, having insufficient lawful - .:eans of support, and was convicted and ordered to come up for sentence wIk'IA called upon. Counsel stated on his bchulf that tho accused had experienced a period of business depression, trade had fallen awuy, and he bad drifted among undesirablo associates. Ho was on tho point of leaving for Auckland, whero employment awaited biin, when he was arrested.

INSOBRIETY. Two first offenders were convicted ol drunkenness and discharged. Mary Wilson and Violet Paton, each previously convicted for drunkenness, pleaded guilty to another lapse from sobriety and were convicted and fined 10a., with the option of 48 hours' imprisonment.

'JVc prohibited persons, Joseph Gibbon, and John Cameron, were charged each on two informations, that they did procure liquor from some person or persons, unknown, nnd that they were found drunk. There were four previous convictions against Gibbon, all within tho past six months. Accuscd, who pleaded guilty, was convicted and sentenced to fourteen days' imprisonment on the first charge; for procuring liquor ho was fined 405., tho alternative being 14 days' imprisonment. Camerou pleaded guilty nnd was convicted and fined 205., in default seven days' imprisonment, for Slaving been found drunk, and 405., with the option of 14 days' imprisonment, for having procured liquor from some person or persons unknown. There were two previous convictions against him.

CIVIL BUSINESS. (Before Mr. W. B. Haselden, S.M.) A. SMASH IN KENT TERRACE. Further evidence was heard in the case, John Henry A T isbet (Mr. Jackson) v. Frederick Angustus Wollermari and Herman AVollerman (Mr. Blair), wherein the plaintiff, in his statement of claim, set forth that in April last h« was riding a niotor-bicyclo along Kent Terrace, and when at or near tho junction of Elizabeth Street and Kent Terrace, a motorear owned by defendant Herman Wollerman, and driven by Frederick Augustus Wollernian, collided with him, throwing him violently to tho ground. At the time of the occurrence the plaintiff was riding on the "right" side of the road —the left-hand side—and was unable to c.void the car which was coming from tho opposite direction on tho same side. As the result of what plaintiff allowed to 1)0 tho careless and negligent driving of the car, ho was severely shaken and bruised, sustained serious injuries, and incurred medical and other expenses. _ He was confined to his bed for some time, and the suit of clothes and tho boots which ho was wearing at tho time of the accident were irreparably damaged. Whereforo he claimed £7 for loss of wages whilo confined to bed; 10s. hire of the ambulance; 15s. hospital charges; 10s. fid. doctor's fee; .£5, the value of the clotbcs and hoots; and dC2O toy wav of general damages—total, ,£33 15s. fid. Arising out of the same collision, the Acetylene Gas Company, in a similar series of allegations, claimed that tho company's motor-cycle was smashed as the result of the collision, and their servant injured; wherefore Xl 7 was claimed in respect of repairs to the cycle, ,£5 for the' loss of tho use of tho cycle, illO for tlie deterioration alleged to have been sustained by the cycle, nnd ,C 5 for wages paid to the company's servant during incapacity, a total claim of JS37.

jlr. Young appeared for tho plaintiff company, and Mr. Blair for the defendants. At tho previous hearing, the case for t Kg plaintiff and part of tho ovidonco for the defendant had teen taken.

Continuing the ewe for tho defence, Mr. Blair contended that the evidence would show that tho accident occurred in Elizabeth Street. Quoting Bevan on Negligcnro, and recent decisions on the same subject, counsel submitted that both parties were entitled to bo negligent, but that the last act of neglect to avoid accident constituted tho real negligence. Tho contention was that the cur was not on tho wrong side of Elizabeth Street. K.ul. even granting that tho enrvo described b.v the car in approaching tho junction of Elizabeth -Street and Kent Terrace had brought the. car to tho wrong side of the road, the plaintiff was .slill responsible to the extent that he neglected to so control the bicycle as to avoid the collision. That, contended counsel, was the real and final act oi negligence. Counsel then called further evidence, at tho conclusion of which Mr. Young conceded that thcro was no proof that Wollerman's oar was being usod for

business purposes at tlie time of the accidont. lie would therefore consent to judgment for Mr. Wollernian, senior. His Worship agreed. Decision with respect (o Frederick Augustus Wollerman was reserved.

CLAIM FOR GOODS SOLD. Judgment was given in the partlyheard ease T. and \V. Young, merchants, of Wellington (Mr. Short), v. Whitaker and Whitaker, storekeepers, of the Thames, a claim for .£2!) ss. (id., alleged to be due on goods sold and delivered. The liability, it was explained, was admitted, but the defendants claimed a deduction of .£lO IBs. Gd., expenses stated to have been incurred in the sale of the goods.

His Worship found for the plaintiffs, for the full amount, with costs <£5 3s.

. UNDEFENDED CASES. Judgment for the plaintiffs by default ill the. following undefended cases:— Kirkcaldie and Stains, Ltd., v. Jessie J. Taplev, JMO 7s. Id., costs .£,l os.; George Farr v. W. Durrell, .£3 10s., costs 13s.'; Thomas Cramp v. Mark Cronin, ,£1 3s. 'kl., costs (is.; Wellington Gas Co., Ltd., v. Walter E. Manning, .£1 25., costs 55.; Gear Meat Co. v. J. Muiito, Jcl 12s. Bd., costs XI 3s. 6d.; James Smith, Ltd., v. Nellie White, 17s. lid., costs 55.; C. A. Injies v. Edmond Montgomery, ,£3 95., costs 10s.; W. Dimock and Co., Ltd., v. Ernest Jones, costs 135.; To Aro I.oan and Discount Co. v. Harold Beck, Jill 55., costs 155.; Colonial Carrying Co. v. James Herbert Williams, ,£lO, costs £1 3s. Gd.; South Pacific Mortgage and Deposit Co., Ltd., v. John Tofts, ,£2l 13s. Gd., costs ,£1 35.: Wellington Steam Ferry Co., Ltd., v. lienry Hurrell, =£21 Is., costs .£2 lis.; Phoenix Aerated Water Go., Ltd., v. Miramar Athletic Park and Wonderland Co., Ltd., JE37 10s., costs .£2 145.; H. Heimann v. J. G. Gilbertson, £2 Is. lid., costs 195.; Robert M'Nab v. John Russell, .£lO 3s. Bd., costs ill 3s. Gd.

No orders were mado in tho following judgment summons cases:—D. J. M'Donahl v. J. I). Lord, a claim for £0 lCs. Sd.; James Knight v. G. Hatton, £5 9s. Gd.; Wellington Fresh Food and Ice Co., Ltd., v. William Henry Burnett, ,£3O 2s.