MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3039, 28 March 1917, Page 9

MAGISTRATE'S COURT

ALLEGED FORGERY Mr. L. G. Beid, S>M presi(le(l at t]l Magistrate's Court yesterday. I'or insobriety, Annio Maud Sales, against whom there was a previous conyiotion, was fined 10a., in default threo uays imprisonment. Five first offenders were convicted and discharged. i'or using: obscene language in Frederick Street, Lottio Webb was fined 40s, the alternative being fixed at sovon days in gaol. .

A remand to appear at. New Plymouth was granted-in the case against Icngu 0 Carroll, a half-casto, who'was charged that, on or about September ],' 1916, at Bell Block, ho did forge an order upon 'one Humphries for the payment by him of £2 to one Jones, the' said order purporting to have been signed by Kenneth Corbefcfc and Tonga 0 Carroll. : . ■ . •

Edward James Sheard, who appearedin uniform, ivas charged "with: (1) That on or about.December 1, 1916, at Tauherenikau Camp, lie did forge a- re-direc-tioa. order purporting to be signed by Mrs. ,Vino Sheard, Christchiurch. with intention that it should be acted upon by the Postal-Department as if it were genuine; (2) on or about December 16, at Christehurch, ho did steal three lettors, the property of Lavinia Jane Sheard; (3) in. December, at Christchurch, wilfully delayed four letters, the property of Lavinia Jane Sheard,, of Christcliurch, by forging an order to the Chief Postmaster at Christchurchto redirect letters to an address in Wellington.

On tlio application of Detective. Cox. the accused was remanded to appear- iu Christchurch to-day. • Mr. V. E. Meredith, of the Crown law Office, asked leave to withdra.w the remaining charges against certain watersiders in connection with the refusal to. work the steamers. Maori and Kittawa. Mi , . O'Lcary, who appeared for the defondants, . formally ' consented 'to the cases being withdrawn; ■'. • . MILK VENDOES CHARGED. , A charge of selling milk deficient in butter-fat was preferred against Cole, Crump, and Cundy. Mr. V. E. Meredith appeared for the Health Department, and Air. M. Myers for the defendant. . ■" :

Mr.' Myers submitted that the charges 'should be withdrawn, as tho firm, Cole, Crump, and Cundy, was not in existence when the charges were laid." The firm -was then known as Cole, Crump, and Brandon. ■ . . . ■ ...

Mr. Meredith applied to ■ havo an amendment made as to the. names of the persons charged. ' '■ . Mr. Myers contended that this mjght possibly lead to a conviction against a party who was not guilty. ' His Worship stated that possibly the charge might be amended. Mr. Myers: The Court cannot amend the charm by adding the 1 name of a person who had never, been served with a summons.

Hie Worship remarked that the amendment was merely substituting one name for another. . • -

Mr. Myers: In that case Brandon would ha liable. Mr. Meredith contended that he was entitled to have : convictions recorded Mainst Sidney Gerald Cole and William Walter .Crump, as they were still members of the firm. • . Mr Myers held that the information could not be amended, and His Worship elnp upheld the contention. The information, was dismissed, without prejudice, His iWorship making a. note of Mr./ Meredith's contention that the Department was entitled to , a conviction against Cola and Crump as members of the present firm. ■■'"-. p Duffy, Munre, and Boniface- were charged that, on August 22, 1916, they did sell milk below the - standard re-: quired by the regulations in regard to butter-fat. '. '.'■/.. ■ ■ Mr. Myers, 1 who appeared for defondants, submitted that at the time the offence was alleged-to have' been committed Duffy, Munro, and Boniface did not exist, as they had since been mergedinto a company. Hβ further pointed out that, as the alleged offence was committed over six months ago, a, new information could not be laid. :

His Worship upheld this view and dismissed the charge. The following were convicted and fined for Belling, milk below tho regulation standard:—Denis Sullivan, fined .£3 and coeta; James Mills, ..£5 and costs; Nash Milk Distributing Co., Ltd., £2 and costs; Walter Russell (two charges),' fined £3 on each, with costs; Wellington Dairy Co. (two charges); fined £5 on one and ,£lO on the other, with costs in each case. Mr. 11. Myers appeared for all the above. Barnett,' Goldstein was fined and oosts, and; Edward 'Jones Parker .£3 and costs. ■. '■~-. . civil; cases. .' / \ Mr. W. G. Kiddell, S.M., hoard the civil cases. Judgment by default iras given for plaintiff in the following undefended cases-.—W. S. Thompson and Co. v. Ben Pohio, J!2 Is. 6d., costs 155.: W; E. Lutz v. , John Bailey, £5 16s. lid., costs £1 3s. Cd.; James M; Porter v. Henry William £Z lls. 2d., costs 12s. j Bunny and Ayson v. Maata H«kenui, .£3l 125., costs- £5 Ms.; N.Z. Automatic Bakeries, Ltd., v. Mrs. Alice May Woolcott, ,£7 Bs. Od., costs £1 ss. Gd.; samo v. Thomas Sifflett, ,£1 7s. lid., costs 55.; James Smith, Ltd., v. James Clarke Whitehead, £3 ss. 2d., costs 10s.; International Correspondence Schools, Ltd., v. Albert J. Hern, £6 Ha. 4d., costs £1 3s. 6d.; Miss M. Phillips v. Mrs. Caroline Wallace, £1 12s. Cd., costs 55.; Charles Edward Praser v- Catherine (or Caroline) Mac Donald, .£l2 lls. 2d., costs £2 Us. Gd.; Public Trustoo t. Walca Puna, £52, costs £i lls.; Charles' Tandy v. David Mason, .£l2 75., costs 18s.; Alex. Cowan and Sons, Ltd., v." Harold Lloyd Flower, ss. Id., costs £2, Us.; Georgo Watso,n v. Ellen Pratt,' .£3, costs 125., and possession of a tenement. ! JUDGMENT SUMMONS. W. Thompson ' was ordered to. pay Agnes Mottrain. J3 , 12s. by April 10, with tho alternative , of-.three days' imprisonment... ... . •'■ SALBOJP A HORSE. William Hall proceeded against Henry Box to recover .£35 for an alleged breaob. of warranty in. connection with the- sale of a horse. Mr. P. W. Jackson appeared for plaintiff, and Mr. H. F. O'Leary for defendant. Several witnesses were called by both sides, and the casoocqupied a considerable time. After hearing the evidence the Magistrate • gave judgment for plaintiff for .£25, with costs and witnesses' expenses.