LAW REPORTS.

Dominion, Volume 4, Issue 1192, 29 July 1911, Page 14

LAW REPORTS.

MAGISTRATE'S COURT. (Before Mr, W. G. Eiddoll, S.M.) ,A PETONE WORKSHOPS CASE. STEALING ALLEGED. TWO .CHARGES SHEETED HOME. Richard Davis was charged with that, on divers dates between April 1 and July 12, at Petono, he stplo two iron railway rails, two rolls of wire-netting, ono carriage cushion, two carriage mats, and three tins of paint, valued at £1, the property of tho New Zealand Government. Ho was also charged with stealing timber, glass, mats, cushion, and paint, valued at about £W, the property of tho New Zealand Government, and, further, with stealing carpenters' tools, tho property , of John A. Campbell and others.

Joshua Warren was charged with receiving some of the goods mentioned iu the charges against Davis and William Mallinder was charged with receiving tho others from Davis, both knowing the property to have been dishonestly obtained.

Mr. J. J. M'Grath appeared for Davis, Mr. l>. W. Jackson for Mallindcr, and Mr. 0. Bcero for Warren.

John Alexander Campbell, a carpenter atthe l'ctono Railway Workshops, gave evidenco to tho effect that a screw-drivev, a saw, and a smoothing plane, the total value of which was about 12s Gd., were his. He had left tho tools on his bench ono. evening, and they wero not there mxt morning, though no one had any right to remove them. Richard Edwards, another carpenter, also gave evideuco as to missing property. Alexander Allen, .manager of the Railway Workshops at Petone, «iid that JJavis had been employwLat the Workshops as nightwatchman. His hours were from 2.30 p.m. to 10.15 p.m. .1, Tf A Wr IJe ? r3On ' "1.6, hnd been at •j ■?, tono Wor!;s for hal! a doze n Jears, said, that ono night he wished to get into Ins olhce, and waited in one spot h T> a \ ls to on Ws rounds. Davis should have been round in an hour but it was two hours before he came along Ihero was a man with Davis, and he asked Davis who the roan was. Davis ,V- IC J man wns surfaceman Bird. Mallindw stated in evidenco that Davis had invited him to the shop "to pass tho time away" Davis us.ed to ask him it lie wanted any paint." He was found fit m .s D:ivi3 one ni « n t when one of the bosses" appeared there, and Davis said that ho (Mallinder was surfaceman Bird." Describing the cirennistauces under which he got the goods from Davis, he added that they were drinking ono night, 'and Davis had remarked that witness's house "wanted doing up," and he would give him some paint to do it with. Davis thereupon unlocked somo of the premises and gavo him various things. Detective Mason stated that, when arresting'Davis, ho found on him ss.ven & i * } ? ,V "Mi-tale" 'clock," »hicli Davis i la ,i to mind in -order o show that he was doing his rounds. Regarding some of the goods which ho recovernl tho witness stated that they had been wddcn.in a swamp. Jlr. Al&rath submitted that there was no evidenco against Davis except that of. Warren and Mallinder. Tho police case rested entirely on supposition. Davis was only ono ot two itightwalchnion. Ho was a. man with a largo family, and had only recently lost his wife. He bore an unbleruislied character.; The proposition H'at.Davjs,, would -steal these .thifeaiitt" eiv#<fato;.i6Wtxm and Mallinder was too absurd for .any jury to entertain. It was.nofa sci-ious'thing for~a nightwatchtimo'- 0 a friond alons to pass tho _ In his evidence Davis denied ever nav>ng given property to Warren or Mallinder. It was easy for anyono to steal from the premises, as tho gate was open, a carshed door had been smashed bv a' wagon, and n bottom gate had also 'been smashed. Twelve months ago some things were stolen, and, at that time, a board had been knocked off a carshed door. The man who was with him when Air. learson saw him.with company was danger Bird. ,': ~ . •", ■- .■■ Robert Gibson, foreman, stated in evidence that Davis had worked under him. About , twelve months ago, when a door was being repaired, paint had bean missed. He had found Davis a very straightforward man.

David A. Mooi'e, another employee, said that, when he was working iu the shops three years ago, it was a simple matter to got m without a Key. J. Kelly stated that it was even now an easy matter to enter the carshed and tho pamt-shed without a key. G. A. Pearson was Tecalled, and stated that he was positke that the man who was wjth Davis on the night beforementioned was Bird. •

His Worship said that it was an open question if a jury, would' cemvic't Davis on tho charge of giving goods to Warren, and he was, therefore, not prepared to convict Davis. Respecting the goods alleged to. havo been given, by Davis to Mallinder, his Worship said that there was a doubt, and Davis was entitled to tho benefit of it. Therefore the charges against Davis were dismi.ssed. Warren flfd Mallinder were each convicted of theft. ' Warren was fined ,£3, in default fourteen days' imprisonment. Mallinder was fined amounts totalling .£5, in default fourteen days' imprisonment. A week s time in which to pay the fines was allowed in each caso.

"SCOTT AND MAETINDALE." In tho Magistrate's Court yesterday morning a case was called on in which William Scott and Henry Martindalo wero charged with a breach of tho Gaming Act, fti Chat on or about May 13, 1911, at Wellington, they published a certain document which contained a notification as to botting on horse races run at Auckland on Juno 3, 1911, and June 5, 1911, to wit, tho Grand National Hurdles and Grand National Steeplechase, contrary to the form of tho statute in such cases made and provided. MrJ P. W. Jackson appeared for the defendants, and asked for an adjournment for throe weeks. Tho polico said that they had no objection to that, and the oaso was thereupon adjourned to August 18.

FROM SYDNET.-A WIFE'S CASE. Joseph M'Millan was brought forward charged with deserting Bridget M'Millan. his. wife, at Sydney, for a period of 30 dayu, leaving her without moans of support. John Irvine, sonior constable of poUjce, stationed at Mnrrayvillo, Sydney, gave evidence, ami asked that M'Millan should ho returned to Sydnoy in Ms custndy Tho Court decreed' that M'Millan should go back.

Thomas M'Girr, who was charged with disobeying an order mado at Pqddington for tho support of his wife, was also ordered to go homo with Constablo Irvine.

OTHER COURT BUSINESS. For driving a hvo-hoTso lorry without lights ou the Hutt Eoad, Francis Seymour; Petone, was fined 10s. and costs 7s. Matthow Moynihan was fined 55., and ordered to pay 4s. cjosts and Js. witnesses' expenses for allowing his chimney to catch fire.

Jean Maitland Harrop was convicted of drunkenness and discharged, and on p. charge of a breach of a prohibition ordor sho was fined XI.

John M'Coll was convicted of drunkenness, and fined 55., in default 24 hours' imprisonment.

IW first offenders charged with insobriety wore convicted and discharged. Several cases of -failing to forward a summary for t'ho year 1910 to tho Registrar of Companies wrero called. In a ca-so against tho Kalcaniui Hall Company, decision was reserved sine die; tho Newfoulds Patents, Ltd., were fined Ills, and ordered to pay costs 75,, and solicitor's t'feo, £1 JU-j. and .the Now Zealand Fruit

and Produce Co., Ltd., wero fined 10-=. and ordered to pay costs 7s. and solicitor's too M Is.

CLAIM AGAINST SIIAW-SAVILL CO. (Before Dr. M'Arthur, S.M.) Mason, Struthors and Co., Ltd, wholesale ironmongers, Christchureh, proceeded against the Shaw, Savill, and Albion Co., .Ltd., shipowners and carriers, for ,£ll3 2s. (id., tho details of which amount wero as follow:—As daningcs, £V2(S; storage, .£l3 2s. (id.; and general damages, £\O. Mr. A. Blair appeared for the plaintiffs, and Mr. W. U. D. Bell for tho defendants. Tim plaintiffs alleged that tho defendants had not delivered in good order certain Roods shipped by the defendants, and that the, goods were refused by (he consignee and then remained on tho wharf some time,. Judgment was reserved.

MOUNT COOK POLICE COURT. At the Mount Cook Police Court yesterday, before Mr. T. S. Lambert, J.P., Speucor Barden, charged with being drunk while in charge of a horse and carriage in. Torry "Street, pleaded guilty. This being his first charge, he was cautioned and fined 10s., with tho usual alternative. A first offender, aged ,65, pleaded guilty to a charge of insobriety. Hβ was admonished, convicted and discharged.