MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2162, 30 May 1914, Page 14

MAGISTRATE'S COURT

LOST LUGGAGE CLAIM MADE ON SHIPPINC GO. Loss of luggage formed the basis of a civil action, which was continued boforo Mr. W. G. lliddell, S.M., at the Magistrate's Court yesterday morning. Tho case was one in which Martha Hannah Wood man, wife of .-Ulan Walter Woodman, poultryman, Wcreroa, proceeded against the Shaw, Savill, and Allikfo S.S. Company for tho sum of £10, as part value of wearing apparol contained in a trunk alleged to have been delivered to tlio company for conveyance from Wellington to Napier on or about March 17. 1913, and lost. Mr. A. H. Hindmarsh appeared for plaintiff, and Mr. A. M. Myers for the ShawSavill Co. Plaintiff's husband also proceeded against the company for a similar amount. Evidence was given in the case on Thursday.

Mr. Myers submitted that' if the Shaw-Savill Co. was liable at all the ut- ' most extent of such liability was £10. Tho present suits should really_ be a suit by two people jointly. Plaintiffs, in any case, wero not entitled to succecd. It had been proved that the luggage had been sent to Napier. Mr. Ilindmarsh: No. It waa only placed on board the vessel. Mr. Myers: Yes, it was placed on board, but that was "sending it." . Continuing, Mr. Myers said that all that the company had undertaken to do was to forward the passengers and their luggage to Napier. / It was not bound to seo them landing with their luggage. Mr. Hindmarsh argued that the whole thing was one entire contract on the part of defendant company Tho contract was to carry plaintiffs and luggage from Wellington to.Ncpier.. The U.S.S. Company wero tlio agents of defendants in tins, and inasmuch as. tho j luggage was never delivered in Napier, the defendant company must be held liable. Tho magistrate reserved decision.

POLICE CASES. EVADING THE CONDUCTOR!, Samuel Dawson, an old man of 60 years, stated to. bft well-known, to tram conductors on the Island Bay . line, appeared charged with evading payment of Ms tram tare.. , ■Mr. E. M. Beeohey, wlio appeared-for. the corporation, said that .tho case. was not one of lapse of memory, but of systematically evading payment. - t A conductor gave evidence I .to the effect that on the particular ■ occasion regarding which accused was charged Ke had. ridden from Island Bay to Manners Street without having his ticket ■punched. He was known as a "dodger.' Patrick Galvin journalist, gave evidence to the effect that accused frequently suffered from lapse, of memory; The magistrate took tho evidence of the last witness into consideration, and said he ffould deal leniently with, ac-. cused. He imposed'a fine of 55., with costs 19s. ■ OLD EXCUSE FOE .THEFT. Walter William Woodward, charged with tho theft of some shirts and ties, ,valued at 65., the property of Robert 'J. Coxon, pleaded guilty, and said that he was drunk at the time. . Accused was convicted and ordered to come up for sentence when called on, on condition that lie returned to tho Bhip which he belongs to forthwith.

MISCELLANEOUS. ! Joseph Miles appeared to answer two charges of drunkenness and another ot having committed a_ oertam act in Lambton Quay. On the first charge hp was fined 10s. and on tho second 40s. The alternatives wero fixod at 48 hours and 14 days' imprisonment respectively. Ivy Cole, a respectably-dressed i young woman of 26 years, pleaded-guilty to a charge of being found helplessly drunk. She tfas convicted and ordered to pay the costs of medical treatment (285.), in default threo days' impnsonFor drunkenness Frank M'Guiro was filed' 20s. and Thomas Francis Smith (- a prohibited person), Christopher Smith, and ono first offender who tailed to appear, wcro each fined 10s. Four other first offenders wero convicted and discharged. All Gee, charged with commencing a lottery at Wellington on May 15, was remanded to June 5, bail being allowed in the sum of £50. Mr. J.,F. W. Dickson appeared for the accused. MAINTENANCE CASE. • Alfred Hoy. was charged with disobeying a maintenance order, the • arrears, of which' amounted to £48 10s. He was convicted and ordered to be imprisoned for three months,' the •. warrant .to ,bo suspended on payment of 25...6 d. per week off arrears. A number of Territorials.were charg; ed under the Defence Act. Charles Pratt, who had already appeared: on romand, objected to tlie further application for a remand by tho Defence Department , as he (accused)- had to journey in from Ngaio every'! time ;to answer the charges. Taking this" into consideration the information,was withdrawn. •"

Patrick Dunn,' charged with failing to attend camp, pleaded . guilty. He said that ho had intended to apply for exemption as ho had several persons depending on him. The Magistrate, in view of this statement, merely ordered the accused-to pay Court costs. , . Wilford Charles Fanthorpe, similarly charged, pleaded sickness in his • family. He was convicted and discharged. For failing to attend the Takapau Camp M. J. Fuller was fined 10s., with costs 75., in default 48 hours' military detention. ■ . Similarly charged William Peter Tresedcr pleaded not guilty, stating that he had attended camp with a company othor than his own. The case was withdrawn. BY-LAW OASES. Frank Highman, who recently ran into a tram-car in Kent Terrace*while ho was driving a motor-car, appeared to answer two charges: (1) Driving a motor-car round a corner at a greater speed than six miles an hour:(2) driving in a negligent manner. He. pleaded guilty to both charges. Mr, li. M. lieccliey stated that acoused had driven liia car from Ellice Street into Kent Terrace and had run into a tram-car. The motorman had estimated defendant's speed at 25 miles an hour.i Accused denied the latter statement, asserting that his speed at the time was only about ten miles an hour. Tho Magistrate remarked that even ten miles an hour under the circumstancos was excessive. A fine of' 10s., with costs 75., was imposed on the first charge and on the second charge defendant, was ordered to pay costs, 15s. Fines were imposed on the following for failing to register dogs Albert Carnegie, to pay costs 75.; Harold Coe, fined 55., with costs 75.; Christopher Edmons, George Eobertson, A. Ernesb Davis, Alexander Grant, Charles Jenkins, Edgar A. M'Farlane, • Fredlc. ftloyor, James J. Moore, James Reilj Chas. .Robertson, Sydney C. Smith, Herbert J. Taylor, and James H. Wright, were each ordered to pay Court costs, 7b. Francis Thos. Clarke was filled 205., with costs 235., for driving a motorcar over a railway crossing at a greater speed than 10 miles an hour. An information against Wm. Herbert Smith, who was charged with driving a vehicle across n, level crossing without ~£®lLlxy?K with on aottgsL

beard, was dismissed v.it'h costa, 10s. 6d. For leaving a vohiwio unattended for a longer period than teii lainut-es, Herbert James Simpsoa was fined 55,, with costs 7s. George ShirtcliHo was fmei 10s,, witji costs 215., for exceeding the speed limit on the Hutt Road. For failing to comply viik a drainage notice Mrs. C. IJewson Was toed t'fw nominal penalty of Is,, wtth costs 9s. For allowing a calf to wander Andrew M'Clintoek was fined 55., wit.li casta 13s.