MAGISTRATE'S COURT

Nelson Evening Mail, 14 November 1916, Page 5

MAGISTRATE'S COURT

(Before G. ZVL Rout- and A. A. "Lucas, Justices.) DEBT CASES. - Judgrr.cr.: foi* plaintiffs by default was given in the .following cases before the Magistrate's ■ 'Cbnrt to-day:—.Nelson Industrial jC*3-operative Society (Mr E. J. Qverrmitzl v. fcxeo. Aldridge. claim £7 8s sd.~cx?t=> £1- 3s 6d; E. McPherson and .Co".. Ud. (Mr Hayes) v. J. H. D"Wilkens.- c'.idm £1 16s, costs ss. DEFECT: 3 .CASE PJEHEAiRD AND DiESMISSFJD. " "A Tentorial named !Malcolm F. H. •Johnstons applied for a re-hearing of a charge oi~failing to attend a-parade. The case was" dealt with over a week ago, when- th? defendant,. who did not ap--pear. wa~ convicted and fined. An ap- > •plication" was lodged for a re-hearing, and this the Court to-day granted, bnt 'before proceeding' with evidence, the Bencii cor.pented to hear a statement by Capt. Conway, representing the Defence Department. ." , .. . ' iCapt-. tonway explained that Johnstone had .•'been* away from Nelson for ten week?, and when he returned to : Nelsou did not attend' a day parade. iHe < sent an which was not accepted, and Johnstone was,told that the case -would have to, be settled in Court. -During Ca.pt. 'Conw'av's absence in. Christqimrchv ,'defendant saw Capt. Burn, 'Group' Commander, bnt, it was alleged, ii'd not r'.ace all the circumstances belore vant. Burn. Defendant's mother also sav; Capt. ißurn, who. unaware, of all the"'circumstances, said, the case would be withdrawn. Capt. Conway said he did not know oi the arrangement for a ■withdrawal, and as the Court sat half an hour earlier on the day on -which the cases were tried, and he had only just returned from Takaka. there was no timefor him to consult with -Capt. Burn. .However, the Department did not desire to "o bick on anv arrangement made with defendant's -mother, and would ask that i:he case be withdrawn. The Bench was o£ opinion that attei the promise to defendant's mother, the case should be withdrawn. i\lv ''llrmt said he understood Joiinstone.v.as unable to drill through physiCa Capt Conwav replied that Johnstone drilled well, but he could apply for exemption and be medically examined. The' Department, not offering-anv evidence, the .case was then dismissed.