MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume LIII, Issue 9433, 4 September 1907, Page 5

MAGISTRATE'S COURT.

TUESDAY, SEPTEMBER 8. (Before Mr A., Turnbull, S.M.) Judgment • was given< for plaintiffs by default, in : the. following cases: — Alice , Keohane' v. v Margaret Warner, claim £7 '4s, costs 33s 6d; M. Lawson 'and Co. <'v. -'Pokau, claim £5' 15s 6d, costs '355. ' '■' ' • . REFUSING TO QUIT LICENSED : : LICENSE!) PREMISES. Alexander Spence was -.charged on Urn information of Constable Clouston with refusing to leave the licensed premises of the Commercial Hotel, Nornjanby, on August 27, when requested to do so, and with committing a breach of the peace. ' The defendant; who' did not appear, sent in a plea of guilty. William Mantle was similarly, charged,, and -was represented by Mr "Welsh. From, the evidence of Constable Clouston ' and one Hare it appeared the defendants had been quarrelling whilst, at tea,and when asked to 'leave the premises 4 refused, to do so.- Subsequently they did so, and cpmmencul quarrelling again outside ihe hotel. Constable Clouston spoke to the defendants, and after a' little , while ' they stopped.? , They were\botb a hit excited, although' they .- w, ere, not drunk. Mantle offered to fight tSpence.for^ £5. Mantle gave evidence on^jhis own. behalf.. , Witness^said ; that< Spence had been using language, id witness objectcidas ithe 'waitress was;an' an, adjoining room, and he'iasked- Spence • to apologise. ■ Spence ' did ' so, * but soon afterwards .reused'. r e used' some more "dirty", language, and he came , rqund to witness. Witness defended, himself. • The licensee asked defendants to leave. Witness "did so, 'but Spence refused. Spence when put out rushed at wit;ness. Witness was not looking for a disturbance. Mr Welsh insisted that there was no case against Mantle. . ' The Magistrate fined .Spence on the first charge £1, and ordered him to find a surety of £25 to keep the peace for twelve months. ,* / ; Mantle was convicted .and discharged with a caution. AFFILIATIpN CAS& A young man named Canulle Carroll Hawthorne, .a laborer, of Manaia, was charged oh the information of a girl resident with being about to leave New Zealand without providing for the maintenance of claimant's unborn, child, of which. defendant was alleged to ba the father. On the application of Mr Caplen, the case was heard with clossd doors. After tho evidence of. several witnesses had teen, taken, the further" hearing was adjourned for a week, defendant being held to bail to appear on Tuesday- next. , . t JUDGMENT SUMMONS. T. R:. Exley >(Mt Caplen) v. Henry Ringham (Mr Foy), an application for an order. respecting a debt of £6 13s. Judgment debtor was examined -by Mr Foy as -to "his position. He stated he had not earned £10 during the last ten weeks, since the judgment; out of that sum he had to provide for four children, the. youngest of whom was four years and the eldest 17. He had recently lost a child, which caused him . considerable expense. He was unable to make any offer. • < In answer to Mr Caplen, .judgment debtor said prior to taking- a; milking contract on shares in August' he had been doing, odd work./i; However, hwould not, any benefit out • f milking for awhile, as [the cows" were only iust coming in. ■-< He. v'ajr, reoi>iv- ■ ing a rental. of/l2g;6d from a, property, which, was Ab^tgaged. .£</»., v , Mr Caplen . submittecl; v that % *de')Wr could meet the debt |f f wished 4&. i i Mr Foy argued ..^hat'-.the , onus ' was ! upon the -judgment '"reditor v£p / sh> i y that judgment debtor 'since, the, ju:W merit', after providing a reasonable maintenance . fxH\ himself, " and family, had sufficient means to pay the debt. Judgment debtor 'had not been given a chance ; he :did not wish to shirk payment, but was unable to make any qffer- at -present. '. ,'";" ;; -. "The application -for. t|te order was dismissed. , ' '-"',