LAW REPORTS.

Dominion, Volume 4, Issue 1067, 4 March 1911, Page 10

LAW REPORTS.

SUPREMD COURt : S MANACER'S CLAIM FOR SALARY. 'V '. JUDGMENT - FOR -DEFENDANT; 1 .'The* hearing' of tifo 'ca'so of Herbert • Gladstono. Hill v. J. B. MacEwan and a Co. was continued yestorday morning ;,'by Mr. Justico Cooper. Tho plaintilf .•"Claimed £50 for balanco of salary. An ■\ ampnded statement of claim adding an amount for interest wsis disallowed as the result of preliminary agreement' befbro |tho Chief Justice. : 'A counterclaim for |i non-suited by Mr. Justico Cooper bofore commencing the hearing • of the main action. . . Mr. A. Gray and. Mr. W. H. D.'Bell for the plaintiff, and Mr. A. /,W. Blair far the defendant. • : Tho hearing continued throughout >; the day. i In (ielivecing judgment, his Honour ssaid the only question was whether'a .[•fresh arrangement had beeir made at the flatter end of February i or tho beginning jof_ March by which plaintiff was to' re-' ■ a fixed salary from' tho end of .jtho. year. '.The proof of this rested upon s the plaintiff, and the evidence was 1.-contradictory. After discussing the evi|denco in some detail, his Honouf':said- ; .ythat, without retl.ecting.upon,.tjlio c;;edir, "Ability .of witnesses, 1m held that the. ; plaintiff had not established his claim: ito a contract for £400 a year. Ho 'j-'had, in fact, signed receipts for a salary !.<tf £300 a year. Judgment would bo A'for, 'defendant. As to costs, ho saw |.no reii'sdn why the caso had been •■brought''into the Supreme Court, and.ilio,tyould only allowcosta on tho Magistrate's Court scale.

f ; RIVAL BUTCHERY CONCERNS. , , dispute., ' ' ! " In a case which canio before the Chief Justice (Sir Robert Stout) in Chambers ■yesterday, William O'Brien, butcher, of Foxton, applied for an interim injunction ... restraining George Reay from' carrying on or being concerned or interested - in ally ..butchery 'business within . ten miles of the .Borough of. Foxton. Plain- . tiff alleged that tho: defendant was noiV carrying 011 such a business' in . breachof.an'agreement'made oii'Febriiary 26, . 1010f;:whereby the, . defendant sold a butchery business to plaintiff'and covcn-i '.-aiit-ed-not, to set up in opposition for at least two, years within -ten'' .miles of jffSxtou.' s '""' .' ■I' Tho defendant, in an answering affidavit, denied breach of agreement,' and t;gaid that ho was . simply employed as manager'«"bf liis -father's butchery ■ biisiVriess at 'Foxton. apposition which.■. 110 .claimed to be fully'entitled to take. ' ' M- After hearing. legal argue ent as to Ithe' effect of an alteration mado in the his Honour reserved his cle? 'ijjsifln;-! • - '' '' ; , V '': .' ■ -

Mr. W 11. D. Bell appeared- for .plaintiff, and Mr. T. . N. : Holmden for •defendant.-- ' - ....

•' j , Decree xisl'graxted. ';•!* .- Theresa Anderson, for-Whom Mr. A. iH. Hindmarsli appeared, petitioned for i'clissolution of her marriago with Eric "Anderson,,;.on tho ground of desertion. liTl'ie parties?'were. ma'n'ied.,oll tlio West G)oqst\in 1899,' and, had 'sinco lived' - 'at ■ Darinevirke' and on- tho. coast. They .had, one child. Respondent was not represented."- ■ '. ™'- ■-' 9 * Petitioner stated ir. evidence that her 3iusbandj. who °had',Men employed a.t a. ' used to ■ drink 1 heavily and illtreat her. She had been separated, from him for eight, years. ;lle had threatened to take her life. ' :; ; It was ;mentioned >by counsel'that>-a Separation.'order was taken ' out by "Ifib •husband sorno years ago ; but his - Hon-, -our did not consider that that would prevent tlio-issue of a decree, nisi in;-tho •present case. 'Ho accordingly issued a decreo nisi to bo made absolute in three months. Mr. Hindmarsli did not ask for, costs against the respondent. |; " ':' J: f Decrees nisi were- made absolute-in the cases of Henrietta 'Dunstone v. Ffank. Dunstone, and.Frederiyk. .Louis. Forste'r'V; Rosa Elizabeth'' Forstsr'. itnd Frank-Dunstone (co-respondent); petitioner in each case, to hav.o custpdy.of the children. Mr. '.Vqn Haast appeared for-the netitidners.V

f;-. MAGISTRATE'S COURT; "(Before Mr; Wi JC4J Bicldeli, S.M.) " A SLY CROC-SELLER; /TWICE CONVICTED THIS YEAH. j ; Having but recently' been discharged tho;Tcrrace Griol,; after serving a sentertcd of imprisonment for sly grog- " selling, • Alfred Britis/'a coloured man, appeared' beforo the magistrate yesterday'morning, charged., with unlawfully selling beor to Arthur.: Palmer on February .26.. Accused pleaded guilty, ~ , ' drew'attention .to' tho'fact'that accliscd-had been convicted of a ■ similar olienco in January, and had been fined £50, iii default : a month's imprisonment, but that had not becn'. - su%ient to.deter him.. When tho police raided the liouso iii conne'ction with tho present charge'only a small quantity of liquor;was at; first found, but .a ..second visit was paid'to'tho house a couple of hours later. - The linoleum in one of tho rooms was then lifted, and this-disclosed a hole in the floor where ,a .larger quantity of liquor was found. Accused,' who, '.'though smartly 'dressed, boro a rather dejected appearance, implored the magistrate not to send him to gaol on account of his poor' state of- health. If ho were given ' a chance, he would never offend again. ' ,Tho'Magistrate imposed a sentonco of two months' imprisonment, remarking that if,. during that' term, accused's health, was found : to be affected, lie would...receive medical attention. An order was made for tho liquor seized to be* destroyed.

AN INEBRIATED DRIVER. Ou : Thursday some little- commotion' was caused in Willis -Street by tho attitudo of a man ivho attempted to drive a horso and trap along tho narrow side of tho street, and past a tram which was stationed in front of the "Evening Post" Olficc. That much of the, trouble being oyer, the man followed the tram. up,, and endeavoured to again pass by on tho narrow side whilo tho 1 ear was stopped at tho "Duko of Edinburgh" corner. Seeing tho danger -to tram passengers,-who wero alighting, tho conductor of tho car caught hold of the wheel of the vehicle, and stayed its progress, and, for'his pains, was thrashed with tho driver's whip. A. constable: then camo over, and, talcing chargo of . the vehicle,-drovo its occu-j pant—a man named Charles Rosson—| to the I'olico Station. Yesterday morning, as a sequel to all tho foregoing, Rosson was chargedwith (1) being drunk whilo in charge of a vehicle; and (2) with using ohsceno langungo in a public street. Ho pleaded not guilty to both olTonccs, but tho evidcnco was, against him. On tho'first charge ho was fined, 205., with witnesses' expense,?' 125., in default sovod. days' imprisonment, and, on tho second charge, ho was fined 405., with tho alternative of spending 11 days in gaol. "■ THEFT PROVED. Albert Neilson pleaded guilty to' a chargo of theft of a quantity of underclothing, valued at-215., the property, of Elizabeth Donovan

" "Th'e" 28, tho articles (since recovered) being taken.from an unlocked at the ■residence of Mrs. had not previously been. of dishonesty, tho . magistrate, "-cspi'sidered that a fino of <10s. would meet tho case. Default was fixed at 1-1 days' imprisonment.

• VAGRANCY. (-T Kato Brady pleaded guilty to a cbargoidf druhkeiincssjl'teit 'denied tllat sho Was an jdlo and disorderly person without lawful means of support. After thp, jrsvidpiice thc> magistrate decided-that* accused- must -to- convicted, and,, she--was..sentenced-to'- throe montlis , "'imprisohmeiit.' "On tlio charge of drunkenil&s 'silo VitS' c'otffieWd and discharged. FURTHER REMANDED'? Honry ; Jackson appeared oir'himand, cliargcd wjth using ..Willis Street; for the purpose of Letting on ' February 23. Air. P. 'AV;- Jacksoh/'.Oll. behalf of .accused, asked for a remand until Monday next, on account of tlip_ absenco from • .to«;n"of' accuseds', ooimsel .; (Mr. •I'.- Jir-'tVilforf])'. 'Mo" remand. wps same amounts' as previaUsly." '' ''

. ASLEEP. ON THE DEEP. Ah old man, jiamed James Burke, .'frhor&ittdr.tMt'l'he SliSd fallen asleep: ~o|) ..ft: a„ •JJip Victoria at and was carried to sea by accident,' pleaded guilty to a charge of travelling on tho steamer between Wellington ;.aiid_Lyttolt<m without paying Jijs fare. He was, convicted .and fined 12s, 6d,, .in. dQfa^ r . An : ;order : \T;as mtide ithalj'.tliSSSnV- if re-- ; Covered,.> War to' bo' handed ".to tho owners of tho Victoria.

J .For depositing rubbish in Waterloo !4rawu«j.s»n4-p.ot:plßgiiig.'A;feJ»fi. , .thereoii. after I 'sunset, George Williams was fined 10s. and costs 75., in default 48 hours', imprisonment." " " •

I William, AValling pleaded guilty'to a 'ichargo of leaving: a vehicle <uiialtended for more than five minute's, hut had an/ei-plariatioil' to make, and was con.victod and discharged;. v . ' . 1 For- causing >a ciwvd- to congregate and impede tho traffic in Manners Street pji .-February, 23,.iHenrj: Joseph, was fined 405., witjir costs 7s.y .in-.de-' fault seven days' imprisonment. John Breen, who was the "owner of .two.eqws.found large,.was fined''2os. and costs 7s. For allowing houses; to be at large, the following de-fehdafits'-were fined 205., and ordered to pay court costs: —Edward Bloom-, field,"Cecil Graham- (Mr. P. W: Jackson),, Charles Waddley,. and Daniel Hickey; the last-named having also to pay 2s. witness's expenses. Tlio following wero fined 10s. each and ordered to pay court, costsßenjamin Hoiildey, Henri 1 " F;" L. -Hansen, Thomas " Hitchcox, Samuel Mason, John J. O'Brien, and Thomas 11. Watson. The last, four -name'd , -hadialso4o''pay , .-2s.'veach -for witnesses' expenses. • *•

'/ ' ' !' OTHER CAStS ! Phiilip Sharkey, chdi'ged with drunkenness, was declared to bo an habitual inebriate, and was sentenced to a month's imprisonment. A woman nam.ed Frances Martin.;,was also r to. a monthV. iropMsollm^t , -was> disbba'rged;.'for'tbrca£li :oT;Sa I ;!prohibitioii brder.. ..., ... ' -David' Cowan; for procuring" liquor during the currency of a, prohibition order,* ,was.) fined 4p?r-.and 75., in default 'fe'ven impriSofunent. ,

AVilliam Newman, .wlio entered the Albert 'lidt<r.'wliile^a .prohibition ordor, was in-force / . i against"him, jyas'" fined 40s.'' iili/l ci®& Els'-i., in I3!;fe&ffisy?en days'j imprisonment. Harold Andrews ancl 1 Thonms-Symonsj -who accompanied Newman into the,, Hotel, were 'each fined j£3 and, icpsts; 75.-; : in-default; fourteen days' imprisonment.' V/ Having been found drunk while in charge- of a horse, John. Forsyth was fined 20s. and costs 75., the alternative' T': <" ; Da'tliel Griffin, ''-ciiiargcd».>wiifffi ' being, drunk -whilo in charge-of a horse and vehicloi'.-was.fincd costs 75., his bption being 48 hours'. imprisonment. ... inebriate,, who did "nbt'.'appear, was ordered his bail' of' 10s., or undergo - 24—hours'- imprisonment:' Twc-'"first'"ofFenders* ; wero fined, 55., with l tho ; alternativo of-' 24 aftd./ WSI others; wero 'cbilvicte'd and-discliifrgad. S . .

' .An old ago pensioner, named Archibald' GreEni7:TCas fined £3 v ptli"thb altpni.ative ,of : .>2l. days' • imiirisomflent, for indecency "iftlfc,']3asiiV'BesdivS.'s '•.. I 'fisftta.', years flf .of. "sing threatening' 1 .'behaviour' at' J Island Hay. Ho was finedilOd: aiid' costs 4s. (3d., in default 48 hours' .imprisonment'.' :■'. ■' V li'. v".