WEEKLY SITTING.

Hawera & Normanby Star, Volume XLII, Issue XLII, 26 January 1923, Page 4

WEEKLY SITTING.

The weekly sitting of the Hawera Magistrate's Court was held yesterday when Mr J. S. Barton, S.M., presided. BY DEFAULT. Judgment for the plaintiff with costs against the defendant was given in each of" the following undefended civil cases: Ernest A. Burge v. Herbert C Loveday, £3 7s 6d; John C Gillett v William E. Leach, £4 12s 9d; Geo. Syme anH Co., "Ltd. v. A. Cadman £14 13s Id; W. Elliott v. G. W. S. Phillips (oosts only). JUDGMENT SUMMONSES. Valeria South proceeded against B. Gallagher on a judgment summons for £221 155.. An order was made for the payment of the full amount in default three months' imprisonment. IDLE AND DISORDERLY. ! YVilliam Hart was charged by the police with being an idle and disorderly person. Sergeant Henry stated that the accused was one of those men who would not work unless he was forced. I A conviction was recorded, and the accused was ordered to come up for sentence when called upon. | At the request of the Sergeant, Hart was further ordered to report to the po.ice at intervals for three months, and if he did not work he was to be called up for sentence. BY-LAW CASES. For riding a bicycle without a light, Edward Evans, who did not appear, was convicted and fined los and 7s Court costs. W. Wolsley was charged with leaving a vehicle within the Borough without effectively" locking the wheels.' Thevehicle in question was a horse and trap. Defendant was convicted and fi,ned los and 7s Court costs. Walter Rosewarne, who was charged with setting off fireworks in High Street, was convicted" and fined £1 and 7s Court costs. TAXI FARE. J John Exley, taxi proprietor, of Haj vera, proceeded against Tame Tonga I for the sum of £2, being taxi fares ! niiened to be owing to him by the defendant. Mr L. A. Taylor appeared for the plaintiff and Mr Houston for the defendant. Viamtiff, in giving evidence, said that on December 17 and 18j 1920, he took the Rev. Curran out to see a sick friend of the defendant's, it being understood that the trip would be made at defendant's expense. Tonga, who then accepted liability, later stated that the debt had been paid. Entries in plaintiff's diary showed otherwise. 3>efendant's evidence was to the effect that Exley had ibeen paid the money by his wife. Defendant's wife said that she gave Exley £3, and he gave her 10s change. After further evidence had been given, His Worship, in reviewing the case, said that the Court could not say on the evidence produced there was suf_ ficient grounds for believing one and not the other. He could/only deplore the practice of" taxi proprietors who gave lengthy credit 1o natives and then expected the Court to settle the matter. The evidence was too uncertain, and he must therefore nonsuit the plaintiff. BALDWIN v. BALDWIN. The greater part of the sitting was taken up with the hearing of the case, Amy Baldwin against her husband, James Baldwin, of Mokoia, farmer. An application for separation, maintenance and guardianship, on the grounds of failure to maintain . inebriacy, and persistent cruelty. Mr P. ODea appeared for the eopplainant, and Mr F. C. Spratt for the defendant. The complainant, in her evidence, said that her lifa was happy until h»f husband transferred his affections to another woman. From that time there was nothing but squabbling and ill-treatment of her, until she was forced to leave her home. The Magistrate held tEaT the allegations of inebriacy and failure to maintain were not established, but held that persistent cruelty was established, and made orders for separation, maintenance anwd guardianship against__the defendant. Mr Spratt asked that security for. appeal be fixed in view of a possible appeal to the Supreme Court, and this was fixed at 15 guineas.