THE COURTS—TO-DAY.

Evening Star, Issue 7180, 6 April 1887, Page 3

THE COURTS—TO-DAY.

RESIDENT MAGISTRATE'S COURT. (Before E. H. Carew, Esq.. R.M.) Francis A. Pierce v. John W. Jago and others.—Claim for L 45 13s 9d under a guarantee. Mr Solomon appeared for the plaintiff, and Mr Denniston for the defendants.—The plaintiff is Francis Alfred Pierce, of Dunedin, agent for Charles Stuart, book importer, Melbourne ; and the defendants are John W. Jago, and Walter Hislop, William Gillies, Charles Henry Street, and Emily Gillies, executors of the will of Robert Gillies, deceased. The plaintiffs statement set forth that, by an agreement dated the 2nd February, 1883, the defendant John W. Jago and the late Robert Gillies agreed with the plaintiff that, in consideration of his employing one Henry Jasper Huxtablo as a deliverer of books and publications, they would become guarantee to the plaintiff that he should duly account to him for all property entrustod to him by the plaintiff, and for all expenses occasioned by his default, fluxtable had failed to account to the plaintiff for proporty entrusted to him, and the plaintiff claimed to recover from the defendants the sum of L 45 13s 9d.—Mr Denniston objected to the jurisdiction of the Court, but Mr Carew ruled that the case could be heard.—Mr Solomon said the case was brought only against Mr Jago. He would show that goods to a large amount were given to Huxtable, and that he had entirely failed to account for them. The hearing of this partly-heard case was resumed to-day.—D. M. Stuart, solicitor, gave evidence as to his having written certain letters to the defendants. Mr Denniston submitted that the caso should have been brought by Charles Stuart, of Melbourne, for whom Pierce acted as agent, and who was the only party that could recover.—Judgment was reserved. A. Dornwell v. E. Nurnberger.—Claim, L2O, damages for non-fulfilment of an agreement to serve plaintiff for two years as a small-goods man. Mr Sim appeared for plaintiff; Mr Solomon for defendant.—From the evidence it appeared that defendant was bound by the agreement to serve plaintiff for two years, while plaintiff reserved the right to discharge defendant at a moment's notice if he desired. Plaintiff affirmed that he signed the agreement without knowing that he had bound himself for two years. He could not read English at the time.—His Worship said he thought plaintiff was entitled to LlO damages, with costs, there being no evidence to show that defendant's signature was obtained by fraud. ■ E. Nurnberger v. A. Dornwell.—Claim, L 4 10s, for wages.—ln this previously-heard case His Worship now gave judgment for plaintiff for the amount claimed, with costs. G. H. Barnes v. M. Morris.—Claim, 16s, for bailiffs fees. Mr Macgregor appeared for plaintiff; Mr Thornton for defendant. [Left sitting.] CITY POLICE COURT. (Before Messrs A. J. Burns and J. Elmer, Justices.) Vagrancy. Alice Wilkins, previously convicted of using obscene language, was sent to gaol for one month.— Ethel Ballinger back, who lived with the last prisoner, was sentenced to seven days' imprisonment. James Fogariy was charged with having no- lawful means of support.—Mr D. M. Stuart appeared for the accused, and asked |f the prosecution would be satisfied if bis

client left town and went to work. The object of this provision was not to punish men for not having means of support, but to compel them to look for some species of honest work. It was true that Fogarty for some time past had been idle, but the present proceedings had stimulated him to honest employment. —The Bench : How has the accused been behaving?— Sergeant-major Bevin : He is one of a gang of thieves who knock about town, visiting public-houses and watching drunken men. I have no objection to the course proposed by Mr Stuart, that the case should be adjourned for a week to give the accused an opportunity of leaving the town.—A week's adjournment was accordingly granted. Roslyn By-laws.— George Crmvhurst, for driving cattle through the Borough of Roslyn after 8 a.m., was fined Gs and costs. John Jackson, for allowing cattle to wander, was fined 10s and costs. Thomas M'Jenkins and John Mason, similar offences, were each fined Is and costs. Stone-throwing.— James Douglas, a lad, was charged with unlawfully and wilfully throwing stones to the danger of persons passing by. After hearing the evidence the Bench said that they were satisfied that the stone was not maliciously thrown. However, this offence must be put down with a strong hand, and a fine of 2s 6d aud costs would be inflicted.—A charge against John Molloy was dismissed, the evidence being conflicting. Reginald Albert Button pleaded guilty to a charge of committing damage on a street lamp at Kensington. Evidence was given that as the boy was coming home from school he picked up a stone, and, saying " What a grand cock-shy I can have at the lamp," put a stone right through both sides of it. A fine of 2s 6d was imposed, in addition to which the defendant's father was ordered to make good the damage done (2s), and pay costs (15s). City By-laws.— James William Percival was charged with allowing impure water_ to flow from his premises on to an unoccupied section at the corner of Union and Clyde streets. —The defendant proved that he was not the' owner of the property, and the case was dismissed. Assault. Mary Maguire v. Samuel Robinson was a charge of assault. Mr A. S. Adams appeared for the complainant. This was a neighl-ors' quarrel, and a fine of 40s and costs (2!ls Gd) was imposed. Mary Maguire charged George Ileavison Robinson with assault. The complainant in this case was a daughter of the complainant in the before-mentioned case, and the defendant a son of the other defendant.—A fine of 10s and costs (23s 6d) was inflicted.