MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3023, 9 March 1917, Page 3

MAGISTRATE'S COURT

POLICE SIDE

Mr. L. G. Reid, S.M., presided over tho police side of the Magistrate's Court yesterday. John Wliitclaw appeared on remand on charges of refusing to answer questions regarding enrolment under tho Military Service Act, .and failing to make application for enrolment in the reserve. A medical report upon the defendant was handed to the Bench. Mr. P. J. O'Regan, on behalf of defendant's sister, said that defendant hud been slightly abnormal since a serious illness many years ago. His Worship ordered Whitelaw.,to bo remanded for further medical observation.

Georgo Sullivan pleaded guilty to charges of assaulting one Henry Tullock, using obscene language, and refusing to quit the licensed premises of the Hotel Cecil when requested to do so. The offences wore'all committed on the same occasion, and, according to Mr. H. F. O'Leary, who appeared on behalf of tho defendant, they were due to the latter's celebration of his brother's return by the hospital ship. His Worship imposed a fine of 10s. on each of tho first two charges, and pn the third merely recorded a conviction.

Amiabella Swanson. aged 39, appeared on charges of drunkenness and being an incorrigible rogue, with insufficient lawful means of support. She was convicted and discharged, His Worship stating that he wished to give her a chance to reform.

Margaret Elizabeth Brown, alias Mary Jane Barry, pleaded guilty to a charge of having loitered in Taranaki Street for an immoral purpose. Accused had a bad record, comprising thirty-seven convictions for various offences. His .Worship sentenced her to three months' imprisonments A charge of loitering in Lambton Quay for an immoral purpose was preferred against Florence Palmer, whom Mr. H., F. O'Leary defen'dod. Defendant was convicted and ordered to come up for sentence when called upon.

For insobriety, Alexander' Waters, John Thompson: Fitzgerald, and Peter M'Cabe were each fined 10s. John Flannagan, for a similar offence, was fined 20s. •

Percy Ereckson was further remanded on five charges of theft. The property alleged to have been stolon by tho accused includes four motor-cycles. CIVIL ACTIONS. Mr. W. G. Riddell, S.M., presided over most of the civil business. JUDGMENT BY DEFAULT. Judgment by default of defendants was given for plaintiffs in tho following cases:—E. w. Mills and Co., Ltd., v. Gerald P. Burton, £2 9s. 4d., costs 155.; E. J. Hyams, Ltd., v. T. Reynolds, £22 15s. 6d., costs £2 145.; Bluudell Bros. v. Thos. R. Husband, £14 10s., costs £1 18s. 6d.; Bristol Piano Co., Ltd., v. Helen Ryan, £13 ss. 8d.,. costs £1 lis. 6d.; Edward Knowsloy v. R. W. F. Donaldson, £7 10s., costs £1 3s. 6d.; Vacuum Oil Co., Ltd., v. Douglas Jones, £1 lis., costs 55.; G. Hardt Co. v. Douglas D. Earlos, £12 105.,' costs £1 10s. Gd. JUDGMENT SUMMONSES. Judgment summons cases were dealt with as under:— Pekahou Parata was ordered to pay Green and Davis, £13 17s. 2d. by instalments of 30s. a month. A. Webster was ordered to pay J. J. Martin £1 19s. by March 22 or spend twenty-four hours in gaol. DECEASED SOLDIER'S,ESTATE. A SOLICITOR'S CHARGES. A case of a somewhat unusual nature was heard by Mr. L. G. Reid, b.M., when the Public Trustee, as administrator in the estate of Owen Eugene Lynch, a soldier killed on Gallipoli, proceeded against H. Gifford Moore, solicitor, of Palmerston North with a suit for £10 3s. 2d. ' This amount, plaintiff allegod, was wrongfully deducted by defendant from moneys received by him on account of the abovementioned estate. ■n¥v m" *"• Hay a PPeared for tho Public Trustee, and Mr. Von Haast for tho defendant. / The defendant, it appeared, had been engaged by Margaret Lynch, the mother of tho deceased, to obtain on her behalf tho moneys lying in the post office to her son's account.. It was contended for the plaintiff that the defendant's charge of £5 0s .2d for collecting the sum of about £31 was unreasonable, and that the further sum of £5 3s. deducted by defendant was not owing by the estate or by Mrs. Lynch, but was connected with proceedings taken for a son-in-law of Mrs Lynch.

j.u 7** 0 defenco was contended that the charges were both justified. •J 1 Jp'ing judgment, His Worship said the defendant was certainly entitled to deduct the cost of getting the money. This was not the simple matter the plaintiff had raado it out to bo, • and it was apparent that defendant had made only half-charges in "gard *° most of ,the work done With reference to tho second item, His Worship.held that the amount deduct- ™. was no* chargeable against tho estate or Mrs. Lynch. Judgment was entered accordingly, and tho parties were ordered to pay their own costs. A PARTNERSHIP MATTER. A/disputed partnership account and claim for damages formed the subject otan action heard in the afternoon. James Charles Monteith (commercial traveller, Wellington) claimed from Unarles Christie (fisherman, Wellington) the sum of £29 9s. 2d., which included a charge for' £18 9s. 6d. in respect of alleged damages caused by the wrongful removal of a launch from its • moorings. Defendant counterclaimed £20 9s. Bd., for loss and damages alleged to have been sustained through plaintiff's refusal to give up possession of moorings at Island Bay al) d wrongly determining a contract. ills Worship heard a considerable amount of evidence, and reserved his decision.