MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 999, 14 December 1910, Page 3

MAGISTRATE'S COURT.

(Before" Mr. W. G. Riddell, S.M. . PHILOSOPHERS FALL OUT. BLOWS OUTSIDE . POST OFFICE. ; At tho Court yesterday James MTvinnion appeared on a charge of having assaulted one Alexander Hill. Hill is a newsyeridor and described himself as a He stated in evidence I k° was at his stand near the Post Ofiico on Monday w;hen M'Kinnion camo up to him. The _ conversation that foli lowed turned upon Socialism, both parties also airing their views upon atheism, and esperanto, as well, to-enliven the discussion.' M'Kinnion held very decided opinions respecting those subjects and a heated argument gradually developed. Perceiving that his eloquence was to no purpose, he dccided to drive home his views in. a more forcible manner, and dealt Hill several heavy blows on the face. This bynght a constable on the scene, who ended the discourse by taking both parties to tho Pojico Station. M'Kinnion pleaded not . guilty when charged with the offence yesterday and entered the box. to give evidence upon his own behalf. He introduced, himself to the Court by saying: "I am not a good man your .Worship," but the Bench would not listen to an introduction, and the defendant's ability in the direction of' persuasivo argument once again proved powerless to convince anyone or tho strong points of. his case. He was ordered to pay a fine of 205., or spend 48 hours, in gaol. William Stevens, for drunkenness, - was convicted and discharged. On a charge of having procured liquor during -the currency of a prohibition order he was convicted and fined *C 3, in default 21 days' detention. Percival George Hester, charged with breaking and intering a store-room at the City Buffet Hotel and stealing'therefrom fivo bottles of liquor valued at 355., was remanded 'unttl to-day: .Seve.n fir.«t-duending inebriates were va- i riously dealt with. ...

CIVIL BUSINESS. (Before Dr. M'Arthur, S.M.). STOCKING AN OTAKI SHOP.' . Dr. M'Arthur/delivered judgment yesterday in the case of Hoaro v. Loasby. Loasby, it was alleged, had entered into an agreement ivitli plaintiff, under which he (Loasby) was for a consideration, to purchase all stock required for his shop at Otalti. from Hoare for a period of five years. Hoare alleged that tho contract had. been carried out for one year, but for the next 1G months .Loasby purchased only a small portion of the stock which he required, and finally (in April, 1010) refused to purchase anything, as ho had established a boot factory of his own. Hoaro therefore claimed .£177 damages, for alleged breach of contract'. His Worship estimated the amount of stock ■ that would be bought, from the time of refusal to date, to be JE6OO. He assessed the profit on that amount . as equivalent to It per cent., or ,£B4. He therefore gave judgment for that amount, with' costs. Mr.- M'Gratli. appeared for plaintiff and Mr.. Person for defendant. ' . KENT OF A SECTION. ■ Reserved judgment wns delivered on the claim of Prossertons (Mr. Morison) v. Jillett (Mr. Ward). Plaintiffs claimed £I\. rent of a section of 62 acres of land at Ivaketea, from September 1, 1909, to 1910. His Worship stated, that from the evidence of defendant, it appeared that 1 * lie. refused to pay the rent until he secured a lease of the land from plaintiffs (at a further period. He gave judgment for the amount claimed (,£2l) with the usual costs. . HUGGED TERAWHITI AND THE HORSE. The whole of tho afternoon yesterday wss tfccupied in the hearing of a claim by Walter Whiting, livery stable-keeper, against Frederick Richardson, for .£2O. value of a horse lured by defendant and ridden to Terawliiti, wherfe it had subsequently died. Plaintiff alleged that tho liorse had been hired on the understanding that it was to lie ridden only. He alleged that defendant had used, the animal for packing ntores from Wellington to Tcrawhiti. and ha thereby caused sores upon its back. It was turned out at defendant's camp at Tcrawhiti, 'and. fell into a liole, receiving injuries which it was alleged caused its death. Evidence given bv a number of witnesses was of a very conflicting character. . His Worship intimated that he would give judgment on December 20. Mr. Buddie represented plaintiff aud Mr. Jackson conducted" the defence.

. UNDEFENDED CASES. Judgment, by default, vras given for plaintiff in the following undefended ac-tions-.—Wellington Trades Agency, assignee of Arthur Hoby, v. Robert Garnhajn, £7, costs £1 4s. Gd.; Wellington Woollen Manufacturing Co.,' Ltd., v. Alfred Winks, £& lis. fid., costs .£2 13s. 6d.; John Norton v. Frederick Meyer, ,£l3 55., costs .£1 12s. Cd.; 'Christian R. Bouthron'v. Charles Pye, £1 lis. 4d.. costs. 55.;- Public Trustee v. Edward Marsh, .£3O, coats ,£3 lis.; W. G. Wholesale Manufacturing Co., Ltd., v. A. H. Yates, XI Cs. (id., costs.9s.; Ellis and Manton v. .T. lumber, .£18.95. 4d., co?ts i£l lis. 6d.; ]!. Hannah .and Co., Ltd., v. William Lavery. £i fls. Cd., costs 10s. ; L. Caselberg and Co., Ltd.. v. AVilliam Taylor, ,£4,.25. Gd., costs 10s.;'Wellington Trades Agency, assignees of Kempthorne, Prosser and Co.' N.Z. Drug Co., Ltd.,' v. Mitchell Conrad Lawson, £10 6s. 6d., costs iJI 10s. Gtl.; L. C. Burko anil Co. v. "William Aubery, £2 Bs., costs 10s.; .Robert Martin, Ltd., v. George Adams, <£10 12s. Qd, costs -£l 10s. Gd.; Edwin Arnold v. G. W. Lawrence. £3 13s. Gd., costs 55..; Wellington Trust, Loan and Invest, ment Co., Ltd., v. Francis Bennett, ,£S 135., costs Bs. Gd.; John Norton v. Joseph lTeybourno, .£l7 7s. 4d., costs .£1 10s. Gd.; John Norton v. James Bubb, JMO Ds. 4c1., costs .£2 145.; C. and A. Odlin Timber and Hardware Co., Ltd., v. William Maltby Jackson, <£9 14s. Gd., costs £1 ss. sd. JUDGMENT. SUMMONSES. D. E. Robertson'v. J. Leonaru, claim of £1 Bs. 7d. ' Defendant was ordered to pay the amount claimed before December, 'in default seven days' imprisonment. No orders were made ,in the following cases:—Nellie O'Hallor.in v. Robert O'Brien, a claim for .£5 10s.; R. H. Cunli(fe v. Joseph Benge, a claim for .£22. AWARD CASES. (Before Mr. W. G. Riddell.'S.M.) The Inspector of Awards, M. C. 13. Aldridge, took proceedings against the Gear Meat Preserving and Freezing Company, Ltd., for alleged breach of the .Wellington Carpenters' and Joiners' Award, in employing two boys, as apprentices, for longer hours than those stipulated in

the award, without paying thqm overtime. Under clauso fifteen of tho award the company is' allowed to work four men overtime, and 'Air. W. S. l'oddcr, who appeared for the company, stated that they were under tho impression that they were also allowed to work apprentices for the same time. ■ Ho admitted that the boys were not paid overtime. Defendants weVc fined ,£2 with costs The Inspector of Awards also proceeded against • Abraham Levy (Mr. Duff) for breach of on award. A fine of 20s. was imposed. On similar charges W. 31. .Tackson was fined 20s. and G. H. Lystcr 10s. 1