MAGISTRATE'S COURT

Dominion, Volume 12, Issue 124, 19 February 1919, Page 10

MAGISTRATE'S COURT

POLICE AND CIVIL CASES

Mr. F. V. Frazer, S.Al'., presided at the Magistrate's Court yesterday and dealt with the police cases. Two Earotongan soldiers, Piinoua Enki and Toru Terin, were charged with wilfully damaging ono pane of glass, valued at JU, the property of Thomas Dwan, Willis Street, it was stated that the two men went to' the Babington ltotaurant at 3.30 p.m. on Monday lo get a meal. On finding that they could not get a meal at that hour they started creating a disturbance, throwing the bread about, and they were put out of the building. It was 'then that tho door was kicked and the glass broken. They ran away, and were subsequently arrested. ' Sublispector Emerson stated that the two men had been slightly under the influence of liquor at the time, l'linouii Eaki pleaded guilty and Toru Teria not guilty. Tho Magistrate said ho was eorry the men had come beforo him for 'breaking the law, for as a general rule the Barotongan soldiers had behaved very nicely. "You two have spoilt a good record," remarked tho Magistrate. His Worship explained to the men that they could nqt get a meal at tho restaurant nt 3.30 p.m., because it was not the regular meal hour, although tho Earotongans may in their own country bo able to get a meal at any time. Toru Teria was discharged, and Pnnoua Eaki was convicted and ordered to make good the damage. A woman in Court guaranteed tho amount. A carpenter, Frederick Kobert Garhclc, ■was charged that on February 17 he did steal a brief bag and contents, valued, at dE2, the property of Lieutenant. Alfred Georgo Baker. Sub-Inspector Emerson stated that the complainant.- Lieutenant Baker, left the bag and a, helmet on a eeat at the Lambton Quay Station about noon, and went to the city, returning at 415 p.m., when he discovered that his bag-hod disappeared. He made complaints, and a search was instituted, lhe accused was found in tho lavatory, ami tho bag was near him nnd open. llie accused had been drinking. Garhck stated that he knew nothing about the matter. After hearing the evidence the Afagistrate sentenced the accused to _14 days' imprisonment, and a prohibition order was issued against him. Michael Falvey, who was convicted of being an incorricible TOgne, in that lie was found by night sleeping in n railway truck without lawful excuse, having been previously convicted ns a rogue and a va-abond" on January 27, came up for sentence. Falvey had been under medical observation for some days, and the report wns that he behaved in ft silly •mannmwhen under the influence of liquor. J lie Magistrate, after explaining the position to the accused, ordered him to come up for sentence wlion called upon within the next twelve months. A prohibition order was issued against him. For committing an indecent act in Waring Taylor Street on Monday afternoon, Michael Morrisey was sentenced to seven days' imprisonment. .•■■-.■ CIVIL CASES.

JUDGMENTS BY DEFAULT. Mr W. G. Hiddell, S.M.. heard the civil cases and gave judgment for plain : tiff by default in the following cases-.-James Dillon v. John Thomas Hams, £\ lGs Id., costs 165.; Levin and Co., Ltd. v.' Frank Wasfhorn, 'JC4S 12s. lid., costs" £Z 14s. Gd.i Wellington Publishing Co Ltd., v. F. Stnbbs ami' Co., 45., costs ss; Charles Johnston'v. H. Worlhington, .£149 12s, lid., costs .£(! Us. 9d.; Dominion Rubber Co. v. IT. T. Avery, £U lla costs XI 14s. 6d.; P. Maekin v. S. 1,. Gilnier, £W 10s, nosts M 10s. Gd.; R. Janson v. Fred. Harding. ,£3 Ss. Oil., costs £1 3s. Gd.; Charles Vernon SuthJ'land and Frederick Eankino v. W. B. Johnson, ;ClO 155., costs ,-El 10?. Gd.; George Jackson v. Arthur E-eade, v£l9 l"s., costs .CI 10s. Gd.; Buivh and Co.. Ltd., v. H. Stephens, 16s. 7d.. costs ss.j James D. "Walslie v. 6. U.. Hollon. .£ll •Ss., cost? .CI 11s. Gd.; Elizi Clarke v. Frederick Ward, £i>, costs 55.; G. H. Thornton v. G. Frater. .£ll Is. Gd., costs £\ 10s. Gd.; William Campbell. Ltd., v. Alice Graham, £$ 2s. Bd., costs .£1 3s. Gil.j'Allan Smith v. Mrs. G. Enrlge (separate estate), £2 14s.,'cosW 10s.; N.Z. Tyra nnd, liubbsr Co. v. 'Jnhn Foster, £21 9s. fid.,'.'costs .£2.14?.; W. J. Davis v. A. Wilson, XlB 7s. GJ., costs £1 15s. Gd. •

JUDGMENT SUMMONS. Judgment summons cases wore dealt with as follows:—H. Reid was ordered to pay J. S. Elliott tlie sum of ,010 3s. 6d. on or before March 3, in default seven days' imprisonment, nnd- A. S. Lister x.-ne ordered to pay Mrs. K. Cotterill .£l4 3s. by March 3, or undergo ten days' imprisonment. ■ A DEFENDED CASE. In the defended case of Albert Henry Schwass, farmer, of Tokomaru, against John Rainbow.Staiisell, of 226 Sutherland Road; Maranui, a claim for £U3 17s. for alleged damages to plaintiff's' motor-car on September 30, 1918, owing to the alleged negligent driving of defendant's servant in another motor-car. Plaintiff stalled that ho had lost the use of his car from the, date of the accident until October 11, and incurred costs and expenses amounting to ,£3l . 7s. for mechanical repairs to tyre and tube. Plaintiff claimed jJIOO for depreciation,' £11 for tho loss of the use of the ear for 11 days, and the cost of the repairs ,£3l 7s. Tho .defendant counterclaimed for ,859 ss. for damage to his motor-car for alleged negligence on the part of the plaintiff. Mr. A. W. Blair appeared lor the.plaintiff and Mr. T.-W. Hislop for-the defendant. After hearing lengthy evidence tho Magistrate ad- : jonrned the case owing to tho absence of the principal witness for the dofenco. •