MAGISTRATE'S COURT

Hawera & Normanby Star, Volume XLI, Issue XLI, 14 September 1921, Page 4

MAGISTRATE'S COURT

TUESDAY. SEPTEMBER 13

(Before Mr. Mowlem, S.M.)

CWIL CASES. , . - At the Magistrate's Court yesterday!.' judgment was given lor plaintiff, wit**; costs, agaiiißt uetendant in each of the! following undefended civil cases: New Zealand Loan and Mercantile Agency , Co., L,td,, v. B. A. Hammond, £9 ss; Ulair and Setlar v. F. W. Walker, £12' 8s 2d; Mabel ivy Horrocks v. Thomas' A. Mac Donald, £8 8s: Jones and Peters v. A. Engieberger, £9 16sId; R. P. Morrissey and Co, v. John; D. Simpson, £2 7s 6d; Gyde, Parker and Co. v. C. Pearson, £23 5s 10d; Wm. K. Wallace v. Chas. McLean Hansen, £39 5s 7d; Jury and Co. v. R. Edwards, £7 15s 3a r John Chambers and Son v, H. G. Hall, £2 10s; Goldstone and Patterson v. John Kellt;£J^of; Jones and Peters v.RrV. Edwards, £8 7r6d; Gv E. Brooke v. Thomas Woodhead, £17 12s sd; Arthur Henry Foy v. Jesse Jack, son, £26 15s; Herbert R. Kemp v. Awe Pope,.£3& 12s. , - , POLICE PROCEEDINGS. Warwick; Bampfylde Daniell was charged by the police that en or about June 17 at Pate* he did break and enter the shop of John Nolan and steal therefrom the sum of £3 6s in money, the property of the said John Nolan. Mr. ODea appeared for the accused and Sergeant Henry .for the polac*: John Albert Nolan, a tobacconist, residing at Patea, deposed that he occtu pied a shop in the Excelsior Boarding House at Patea. which boarding house waa conducted by accused. Witness lett his shop at about 9 p.m. on June 16 last, and on returning on the following day he found that a tin box containing between £3 and £4 had been taken Me found the lid of the box in the shop land later fhe bottom portion in the yard of the Excelsior Boarding I House. He was not aware that accused had a key of a door between the billiard room and his shop. Constable Andrews stated that on bunday, September 4. be interviewed accused at the police station, Hawera, » when accused admitted stealing the money from John Nolan. He had made a statement to that effect. By Mr. ODea: Witness said that he knew accused had been a lieutenant in the Koyal Field Artillery. He did nit know for certain that accused was a holder of the D.S^O., but he believed of tffif'ALO c WUS aiß° a holder 'who pleaded guilty, was committed for sentence to the Su'preiS tember 17 lgt °n °n Saturda^ Sep;«f^?®f' C^ Purs?r was charged on the , information of the police with Tiding a motor cycle along Camberwen Road without a front number. Accused Was convicted and fined ss, and ordered"to pay 7s court costs - . Arthur Playle was charged with leavRfrr a m°^ r unattended in Regent Street for a period exceeding n^wi^- Ao2 used was convicted and ordered to pay 7s court costs ,n?w^teh^- wa? charged with having ridden a bicycle along High Street; afeeT** With°1 AC?^ Btate^ that he was carrying ' n ft^c to^. which he kept alight alMhe time. He lived within half a mile of the post office. I Sergeant Henry etated that the By- . law stipulated, that the light must be victed and fined ss, with 7s costs BREACH OF PROBATION ORDER. j Florence Conza .pleaded guilty to a charge of failing to comply with the terms of a probation order, one condi- , tion of which was that she should not change her place of abode without first notifying the probation officer. Sergeant Henry said that accused's behaviour had been most unsatisfactory • She had come to Hawera. and had been

; Deirianaea Dy some people, who had taken her into their home. Accused had stolen a ring from the.se people, but had returned it after information to .the police had been threatened Accused said that sh e had gone to report to the police, but there had noir'Deen anyone in on that occasion. Accused was convicted and sentenced to three months' imprisonment in the New Plymouth prison, the warrant to remain in court, unexecuted, if accused f*" 5611*6? %m? *° 4he Salvation Army home at Wellington and to iremain under complete control of the authorities of the home for a period of at least six months from date. Joe Gee. an alien registered under tne registration of Aliens Act, 1917 was charged with failing to give notice of his change of address to the officer m the district of his new abode Accused stated that he had lost his certificate of regfstration about two years ago, and this was; the reason of nis failure to report/ Sergeant Henry said that it would cost £5 for a new certificate. His Worship said that he would take tins into consideration, ani accused would be convicted and discharged. WANDERING STOCK. George Henry Blackwell ranger for the Hawera Borough and the Hawera County Councils, proceeded against a number of people for breaches of the Hawera Borough by-laws, who were dealt with as follows: H. W. Young convicted and discharged on one charge and convicted and fined 5s and ordered to pay 7s court costs, with solicitor's tees 10s 6d, on another charge- Alfred Cadman,. convicted and fined 5s and ordered to pay 7s court costs and solicitor's fees, 10s jSd; L-Goodger, convicted and'fined 5s and ordered to pay 7s wurt costs ; . P. Donnelly, convicted and fined 5s and ordered to pay 7s court costs and solicitor's fees 10s 6d; Margaret Kme convicted and discharged^ Claude Kelly, convicted and ordered to P*y Jf court costs and solicitor's fees 10s od; George Carian, convicted and ordered to pay 7s court costs; William Winks convicted and fined 5s a nd ordered to pay 7s court costs and solicitor's fees 10s 6d; John Harrington, convicted and ordered to ra^ 7s court costs ; James Bartlett, convicted and nned 5s and ordered to pay 7s court costs: W,G. Tiddy. convicted and fined 5s and ordered to pay 7s court costs and solicitor's fees'-10s-6d; Mrs. Hamiltonconvicted and ordered to pay 7s court costs i George Bryant, convicted and fined 5s and ordered to pay 7b court costs and solicitor's fees 10s 6d. APPLICATION FOR MAINTENANCE. Ellen Martha Peters applied for--an order for maintenance of herself and her three children against Arthur Thomas Peters. Mr. T. O. Spratt appeared for- the' complainant, and Mr.- Beechey.foc the defendant. Mr. Spratt proceeded to detail dejfendant's financial position. Defenaant was a well qualified farmer, and there were many occupations which he could occupy himself with. Defendant also owned a practically new Nash motor car. {Jourisel for complainant submitted that £4 a week was the least that his client and her children eouid live on. Counsel for defendant had. suggested £2 10s a week. ... His Worship: That is obviously too small an amount. 7 \ . Mr. Beechey said that'-.there"waKi limit to defendant's earning capacity. Defendant had been engaged in busi-

ness that had not been successful. H$ was also suffering from a weak heart* * At present defendant w_as agreeable to '■ pay £2 10s' per week, although he wa#, not earning anything. Complainant also gave evidence, after which, owing' to defendant not being able to disc Jose certain private matters, - the ca M was adjourned to October 11, and defendant was ordered to oay main"« tenance at the rate of £3 15»"per week . in the meantime. MAINTENANCE AND SEPARATION,

Isabella Marshall applied for a separation order and amaintenance order against her husband, Albert G. J. Mar- ~« shall. It was alleged that defendant,»? had failed, and intended to fail, toprovide complainant with, adequate maintenance.

Mr. O*Dea appeared for complainant and Mr. H. L. Spratt for defendant. The granting of a separation order was-' agreed upon by defendant at the open- . ing of the case. Isabella Marshall stated that she resided at^Whftkaraara, and the defendant was her fourth husband, Witness had married defendant in March, 1916, and" defendant had never aone anything toward* maintaining her. Defendant was employed by th£ Auckland Saving* > Bank, and wa& on fljll pay,, up to'" December. 1921. She had no "idea of the amount he was receiving. Witness: wag the owner of two farms, but they ~ were so heavily mortgaged that she was not getting anything ou£ of them. Witness got £15 a month from the Whakamara farm* but this amount was eaten up in working expenses. The other farm was returning her £18 a^month. whick amount went in a *like manner. Defendant had told her that he had a farm - and two houses. Witness had lived with her husband in Auckland, and he had ordered her out of the House. Defendant intended leaving New Zealand, «ndi witness did not think that he would come back. He had a brother ia America. In June 1916, witness cam* \ back to Taranaki. when she was ordered out and had to worEto keep herself. „ . By Mr. Spratt: Witness had married-/-/ defendant through an advertisement in! -" the newspaper. She denied having advert»ed for a husband stating thaf ( she was" an Australian lad y and wa» ; receiving" £600 pcr f annum. Witness said that she had bought a house iwt Hawera on her credit. ' ! Mr. Spratt: You are known as sk 'wealthy woman. ' ; Witness said, that she had. had a property in Manaia, which she had sold for £1000, but she had to pay th« previous owner that £1000. Witness denied that when she was married t» defendant he had told her that he was' in financial difficulties; Mr. Spratt: Well, Mrs. Marshall youare going to deny this too I suppose?' Mrs. Marshall: Yes. S Mr. Spratt: But you do not knowi 1 wnat I am going to say yet , Witness admitted that she" had bought , a Nash motor car with money that she had borrowed. Albert George Joseph Marshall said" that ne had beefr out of employment since the end of last year. He had been , employed by the Auckland Savings Bankj tor eight years. Witness had sold a»* j houff. in Onehunga. From the proceeds I of this sale he was not getting a pennyWitness denied ever having approached the shipping office, _and stated that he could not have purchased a ticket' He was suffering from neuritis and could: get two doctors' certificates to prove thatWitness only, had £2 in the Auckland Savings Bank and was*feettin& £22 18»----4d a month while on leave. Hjb leav* had expired on September 1 1921 H# had £10 worth of shares in tne Farmers' Union Trading Company. £6 worth of wnicn were unpaid, for; His Worship granted a separation^ order, but made no order formainten- • i anoe. . ' * - ■ • • -'