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New Zealand Mail, Issue 813, 30 September 1887, Page 22

Judgment was given for plaintiffs at the Resident Magistrate’s Court yesterday week in the civil cases H. O’Dyer v P. Wills, £7 ss, and P. E. Burns v R. Goss, £l4 17s 6d. Judgment went for defendant in the case C. E. Dudley v J. J. Boyd, a claim for £5 5s for a plan supplied by the plaintiff as architect. The defendant contested his liability on the ground that the charge was not provided for in the specifications ; while the plaintiff said that defendant had agreed to pay him for it. As the testimony as to the agreement was conflicting, judgment was given for defendant. John Dagg was ordered to pay Cs 8d a week for the maintenance of his three children, and F. H. Guilford was ordered to pay 28 6d toward the support of a sister in the Asylum. Kate McAlpine, a young woman, sued her father, James McAlpine,in the Resident Magistrate’sCourt,yesterday weekfor £/10 , value of two boxes belonging to her and detained by her father. Mr Treadwell appeared for the plaintiff, whose evidence was to the effect that she left home three weeks ago, and that when on Saturday she applied for her things defendant would not let her take them. The defendaut was then sworn, and deposed that his daughter had stayed out at a party till 3 o’clock in the morning, and had left after a row in coneequence of this. She came intothe house, he said, one Sunday and took her goods. He was willing to give her her clothing if she would enumerate the articles,, but would not give up the boxes as they stood. His Worship ruled that the girl was entitled to her things, and in order that a list might be prepared, judgment was suspended till next day. Owing to Mr H. S. Wardell, R.M., being engaged in hearing the charges against two clerks of embezzlement last Friday, the police cases were heard before Mr E. Baker, J ustice, in the Jury room of the Supreme Court. Mary Murray, alias McMillan, charged with drunkenness, was remanded for a week, as she had not quite recovered from the effects of her drinking bout. Christina Lawson was charged with drunkenness for the third time within six months, and was fined £2, or in default 14 days’ imprisonment. Messrs A. Young and J. R. George, Justices, presided at the Resident Magistrate’s Court”on Monday morning. One first offender for drunkenness was dealt with in the usual way. Wong Wa was fined Is and costs for having left his vehicle unattended in Clydeqaay. Wm. Williams and Cranworth Jackson, two small boys, were charged with having set fire to some gorse in Russell-terrace, Newtown, on the 15th inst. The former ad mitted the offence, but the latter pleaded not guilty. The Bench dismissed the offenders with a caution, warning them that if they repeated the offence they would receive a birching. George Carwood was fined Is and 9s costs for having allowed his horse to wander, and for a similar offence Charles Nelson was fined Is without costs. Rose Adams and Emily Merrigold were each sentenced to a week’s imprisonment for having behaved in a riotous manner in Quin street on the 13th instant. John A. Perason was summoned on a charge of having assaulted and used insulting language toward William Dunne. Mr FitzGerald, who appeared for the plaintiff, stated that he wished to withdraw the charge. It appeared that the defendant had been under the impression that the complainant had opposed his discharge in the Bankruptcy Court, and, in consequence, a quarrel had taken place, but, on learning that he was mistaken, he had apologised. The Bench consented to the case being withdrawn. A charge against John Donavon, of having assaulted his wife, Rosina Donavon, was adjourned until Wednesday. At the Magistrate’s Court on Tuesday, before Mr Wardell, R.M., David Francis and Robert Mansfield, two laboring men, were charged with stealing a silver watch valued at £6 103, the property of Wm. Whitmarsh, a bricklayer living at Newtown. The evidence of the prosecutor was to the effect that he was going home on Saturday night, and when in Vivian-street his watch and chain were pulled away from his waistcoat by a man who ran across from the opposite road, who, after taking the watch and chain, ran away again. Witness identified the watch produced as his, and said that though he had had two or three drinks on the night in question, he was sober. Eloazar Metz, assistant at Fruhauf’s pawnbroker’s shop, identified the watch' sworn to by Whitmarsh as one brought by Mansfield to be pledged on Monday evening. Metz looked up the “stop notice,” and found that a watch of the same description had been stolen ; and Mansfield, in answer to a question, said the timepiece was his. Witness called Francis in, and Francis said the watch belonged to him. Constable Bree was then called in, and arrested the two men. His Worship remanded the accused till next day. Judgment waa given for plaintiffs in the following civil cases at the Resident Magistrate’s Court ou Tuesday :—Dutton, Brown and Thompson v. W. Hale, £6 5s Sd ; same v. C. Callaghan, £5 7s ; same v. W. Scown, £2 15s ; W. L. Kernahan v. Henry Weaver, £ls 18s ; Robert Scott v. George Trimmer, £1 14s ; W. T. Garratt v. John Prestige, 7s 6d ; same v, Peregrine Forster, £4 12s 6d ; same v. J. H. Desham, £1 12s; A. Lindsay

v. Peregrine Forster, £1 2a 6d; James Madden v. Iza Hapita, £5 7s 6d; William Tußtin v. T. B. Watson, £2 IBs; Brandon and Son v. Walter Best, £l3 3s 2d ; James Smith v. W. J. Raven, £2 12s; Stewart and Co. v. Fred Taylor, 18s 3d ; same v. Donald A. Douglas, £l6 9s lid. In Baker Bros, v. P. Driscoll, claim £24 7s 6d, for commis'sion, judgment was reserved. At the Resident Magistiate’s Court act Wednesday a civil caae, in which Wm. Whitton, settler, of Greytown, plaintiff, sued Richard Ross, of Greytown, Martin Chapman, and Wm. Fitz Gerald, defendants, for £77 3s 6d, which amount was paidas stamp duty on a Native lease to the Native Department, and which amount wa3 refunded, as the said lease was said to be of no effect. His Worship gave judgment for the plaintiffs for £SO 5s Bd.

September 28. (Before Mr H. S. Wardell, R.M.) A “ SEA LAWYER.” William Struhlmann, a Gorman seaman belonging to the barque G. M. Tucker, was charged with having refused duty on board that vessel by having on tlie 24th instant declined to wash decks when ordered to do so-. Mr Gully appeared for the plaintiff. It appeared from the evidence taken that the man was taken on in Newcastle, under Captain McDonald. On arrival here Captain McDonald and the crew were transferred to' the barque S. R. Luhrs, but the prisoner- refused to change his ship.- He stated that he refused duty because lie signed articles under Captain McDonald, and he would take orders from no- one else. Captain Strang, the present master of the G. M. Tucker, and Mr Norris, the chief officer, to whom the prisoner refused! duty, gave evidence as to the offence, the former stating that the prisoner was- a ‘ ‘ sea lawyer,” and that he could do- nothing with him. His Worship sentenced the prisoner to 48 hours’ imprisonment with hard labor, and also " to forfeit two days’ pay, at the same time cautioning him against appearing again for a similar offence. AN UNRULY TENANT.. Annie Adams pleaded guilty to having on the 24th instant broken a pane of glass, valued at Is 6d, the property of William Lockyer. The defendant was formerly a tenant of plaintiff’s,, occupying a house in Mulgrave-street. On the night in question she paid a visit to the house, and on the plaintiff asking her to leave she broke the window. She was ordered to pay Is 6d, the value of the window, and a fine of ss, or in default 48 hours’ imprisonment. WIFE DESERTION. Ernest William Henderson was charged with having deserted his wife. Sergeant Morice stated that the Resident Magistrate of Temuka, in which place- the defendant’s wife resides, wished to have the man tried at that place. His Worship accordingly granted a remand to-Temuka, having first consulted Dr Hassell as to whether a sea trip would injure- the man, he having been recently discharged from the Hospital. PURSUED BY PHANTOMS. Harriett Deakie, a woman who. a short time since tried to drown herself, was brought up on remand. His Worship asked her whether she still thought she was chased by a mob of people who were driving her into the sea, to which she replied that she was. He then bound her over in one surety of LlO to keep the peace toward herself and her Majesty’s subjects for one. month. FAILING TO CONTRIBUTESamuel Brown, was called to show cause why he could not contribute to the main tenance of his son at the Caversham Industrial School. Sergeant Morice- said that the man’s wife was living with another man named George Herbert, at Newtown. She had had three children by Herbert and three by the defendant. The defendant earned from 25s to 30s. per week as a porter at the Empire Hotel, besides his keep. He contributed 7s per week toward the maintenance of his other children, but he could not give a contribution toward the maintenance of the boy who was at the Industrial School- His Worship ordered the defendant to pay 5s per week for the support of the boy. WIFE BEATING. James Gibson was brought up on_ a charge of having assaulted his wife Georgina Frances Gibson, on the 26th June, by striking her on the face, thereby causing her to be insensible for some time, and to be ill for a few days. Mrs Gibson gave evidence as to the assault, and showed a mark over her left eye said to have been caused by the wound. She laid an information against him because she was in fear of her life. Defendant stated that on the day in question he had been assaulted by his wife, and his eyes blacked while he was held by another man named Bill Hobson. He asked for a remand to allow of his producing witnesses. A remand was granted till next Wednesday, bail being allowed in one surety of L 25. THREE YOUNG LARRIKINS. Jas. Wright, Frederick . Sparks, and Wm. Mackay, the eldest of whom was not more than 12 years, were charged with having stolen various quantities of lead, tlie property of Messrs Bethune and Hunter, on the 20th and 22nd insts- It appears that on the dates mentioned the boys wont to one of the firm’s stores, and getting on to the roof they stripped off 381bs of lead, causing thereby damage to the extent of about 355. The boy Sparks’ father being in Court, his Worship inquired as to his general character, and he stated that he could not get the boy to go to school, although he had tried him at nearly every school in the city. His Worship thereupon said he would consult the father, and also the relations of the other

boys, as to what should be done with the boys, before 10 o’clock next morning. Later on bis Worship dismissed the boy* Mackay with a caution. ROBBERY IN THE STREETS." Robert Mansfield and David Franciswere brought up on remand, charged with ; having robbed a- watch from She person of j one William Wliitmarsh. Mansfieldvolunteered a statement that Francis had nothing whatever to do with the rob--bery beyond having; tried to pawn thewafeb. His Worship committed both prisoners for trial. BREACH OF CITY BY-LAWS. A case against Enoch Tonks, in whichhe was charged with having allowed offensive matter to be cast on his land in Tasman-street,was dismissed, his Worshipruling that the evidence was insufficient to prove the charge. For a similar offence Abraham Mudge’’ was fined 40s-, and costs 235. Joseph Cenei was charged with having deposited the contents of his watercloset in his back garden. The offence was considered proved.. He was fined 20s and costs. FAMILY SQUABBLES. In the case of Donovan v. Donovan, the information was withdrawn on condition that the plaintiff was bound over to keep the peace. He was therefore bound over in one surety of £25 to keep the peace for six montlis. ARSON. William Wilson and John Mordenwere charged with having,.on the 18th inst., maliciously set fire to a Government shed, in Polhill’s Gully. Mi Skerrett appeared for Wilson. Sarah Adams deposed that on the afternoon in question she heard: a voice say: “Was it burning?” and. on looking out of: her bedroom window she saw a lot of smoke. Lena Peterson saw both the accused setting fire to some gorse; at a very short distance from the shed- She then =aw them running down the road, and heard one say to the other, “ Ish it burning ?” to which the other answered yes. The first speaker then said, “ Lets us run. ” John Coleman, captain of the Militia, said that the building was put up in-1881 by Militia men, and at that time it was worth L4O. At the time the fire occurred it was worth about LlO. His Worship decided to commit both the accused for trial, but stated that he would intimate tlie charge on which they were committed on another occasion, when he would call them again. His Worship called the prisoners later on, and said he decided to send them to the Supreme Court on a charge of malicious injury to property. THE TOBACCO ROBBERY. Edward Elton, alias Thomas Edwards, was charged with having stolen, on the night of the 23rd instant, a quantity of tobacco, the property of Delia Montagu. Mrs Montagu gave evidence as to the state of the fastenings of her house on the night in question. John Brown, nightwatchman, gave evidence- (already published) as to the arrest. Detective Chrystal deposed as to Ills having found the owner of the tobacco. His Worship committed the prisoner to take his trial at the next sitting of the Supreme Court.