RESIDENT MAGISTRATE'S COURT

New Zealand Mail, Issue 870, 2 November 1888, Page 23

RESIDENT MAGISTRATE'S COURT

A case of some interest to persons desirous of disposing of property through the medium of commission agents was heard in the Magistrate’s Court before Mr H. W. Robinson yesterday week. The action was one in which Frank A. Orbell claimed the sum of £73 9s as commission for disposing of the property known as the Papanui estate for the defendant Walter Turnbull. His Wor. ship held the claim not proved, and non. suited the plaintiff with costs, .£4 7s. Mr Howorth represented the plaintiff and Mr Gully acted for the defendant.

At the Magistrate’s Court last Friday,before Mr Robinson, R.M., Sarah James pleaded guilty to a charge of drunkenness, and was fined 10s, with an alternative of 24 hours’ imprisonment. A man named Charles Wrigley pleaded guilty to drunkenness and being found by night on the property of Alexander Wilson, at Newtown. . After evidence had been taken, his Wbrship .said there was nothing to fasten a criminal stigma on the accused, and he should treat the case leniently, discharging him on the charge of being found by night Jor which he had been punished by being arrested and imprisoned), and fining him 20s for being drunk and disorderly. Andrew Findlay pleaded not guilty to a charge of assaulting his wife, Elizabeth Fiudlay. The evidence of Mrs Findlay (corroborated by that of a neighbour) was to the effect that her husband knocked her down, kicked her, and threatened her life , and that he had on the previous day taken her clothes and blankets to sell for beer. His Worship sentenoed the man to three days’ imprisonment with bard labour, and ordered him to enter into his own re* cognisance of £2O to keep the peace for three months.

Michael Connor, a seaman on toard the Pleione, was sentenced by Mr Robinson, R.M. last Friday, to two months’imprison, ment with hard labour for stealing £1 Ss from the person of Andrew Olsen, a shipmate. The prosecution was conducted by Detective Kirby, and the evidence went to prove that the accused took the money out of Olsen s pocket while the latter waß asleep in his bunk.

At the Magistrate’s Court on Saturday, before Mr C. J. Johnston, J.P., a woman named Ada Willet wa3 sentenoed to a month's imprisonment for vagrancy, andean elderly man named Thomas Ryan, belonging to Palmerston, was convicted on a similar charge and discharged. A seaman of the Claremont was fined 20s for being drunk and disorderly, in default 48 hours’ imprisonmeat.

Mr Robinson, R.M., gave judgment on Monday in the oases in which a number of ratepayers were charged with failing to notify the City Surveyor that they had patent waterelosets (which were unlicensed) on their premises. His Worship dismissed the cases, upholding the contention of Mr Morrah, for the defence, that the by-law under whioh the actions were brought was ultra vires. -On the application of Mr Morrah, half-fees were allowed to the defendants in each case. Mr A. G. Johnson, Inspector of Nuisances, who conducted the prosecution, gave notice of appeal. At the Magistrate’s Court Monday morning, before Mr Robinson, R.M., Thomas Gardener pleaded guilty to a charge of being found by night on the premises of Arthur Walker in Turnbull-street, As the proseoutor did not wish to press the charge the aocused was discharged. Henry Dnncan was fined 10s for drunkenness, in default 24 hours’ imprisonment. The hearing, of a charge against Stephen Maskery of failing to maintain his illegitimate child, was adjourned till to-day, as was a charge against W. A. Clark of failing to satisfy a maintenance order. William Chapman was ordered to pay 15s a week for the support of his family, a protection order being granted to Mrs Clark. Some time was occupied in hearing oases apparently arising out of neighbours’ quarrels between residents of Newtown. Three boys named John, Alfred, and Frederick Larkin were oharged with having assaulted Stewart Morton, and the case was dismissed, complainant being ordered to pay costs. Stewart Morton wa3 charged with making use of abusive language to Sarah Larkin, and was bound over in his own leoognisance of £lO to keep the peace. Mr Skerrett was for Mrs Larkin and Mr Cathro for Mr Morton. A charge against Henry Sullivan of having assaulted William Shortt was withdrawn.

Judgment for plaintiff was given in the following civil cases at the Magistrate’s Court onTuesday:— Judgmentsummons —W. Foster v. A Vincent, £8 Us (no order made fixing payment) ; W. C. Smith v. N. Mar. chant, £8 3s 6d, order for payment in 14 days, in default 8 days’ imprisonment; Hill v. Butler, £ll 8s 6d, no order. Ordinary summons cases—W. N. Bannatyne and Co. v. D. McLaohlan, £63 16s 6d ; McColl and Laurenson v. Rerrett, £32 8s lOd ; C. Kilbuni v. P. Brawn, £1 19s ; J. O’Sullivan v. W. Soonn, £4 6s 7d ; C. Treadwell v. George Herbert, £1 12s ; Miller, Booth and Co. v. W. Mitchell, £6 ISs 5d ; R. C. Bulkeley v. W. J. Leslie, £6 10s ; R. Somerville v. J. D. Mandel, £1 6a ; G. Thompson v. George Davis, £2 9a 4d. In the case R. Somerville v. J. Antrobus, claim £2 15s, the plaintiff was nonsuited with costs.

At the Resident Magistrate's Court Tuesday, before Mr F. H. Fraser, J.P., two first offenders were fined 5s each, in default 24 hours’ imprisonment, for drunkenness. Before Mr Robinson, R.M., Will'am Alex. Clark was charged with failing to satisfy an, order made against him for the of his family. The accused being in arrears," asked for time in order to allow him to pay it. His Worship made au order against the man (to be suspended for 14 days) for his committal to gaol for 14 days, . The hearing

of the case in which Stephen Maskerry was charged with failing to support his illegitimate child was resumed, and further evidence in support of the statements of the complainant, Elizabeth Hart, was taken. His Worship further adjourned the case till Monday next, remarking that he should require evidence either of acknowledgment by the accused or (that the parties had lived together.

Messrs W, H. Levin, W, M. Maskell and J. Lockie, Justices of the Peace, presided at the Magistrate’s Court Wednesday morning. Three first offenders, charged with drunkenness, were mulcted iu the usual amount. A young girl named Ethel Bushby pleaded not guilty to a charge of vagranoy. it appeared from the evidence of the arresting constable and the girl’s mother that the accused had been away from home for nearly three years, leadiug a dissolute life. A week or two ago she came home and begged to be taken in, but she left again in a day oa two. She was arrested at the railway station, where she was in the habit of loitering about. Mrs Bushby informed the Bench that a woman of her acquaintance was willing to take the girl in, and on that understanding their Worships dismissed the charge, oautioning the accused thatshe would be severely ‘dealt with if she came before the Court again. Patrick Kearney pleaded guilty to driving a horse and express round a corner at a faster pace than a walk, and as it appeared that an accident had happened to the trace chains the charge was dismissed. William Dakie admitted being the owner of a chimney which recently took fire, and was fined la and costs 14s. A charge against Alexander Wilson, jun., of having .assaulted John Wigley, was dismissed, the informant failing to appear.

The drivers of a tramcar and an omnibus, who, according to the evidence adduced, entered into active competition in Cubastreet on the 19th inst., were eaoh charged at the Resident Magistrate’s Court Wednesday with furious driving, and with driving round a corner at a faster pace than a walk. The evidence of Constable Doyle and another witness was to the effect that on the night named the vehicles, of which the acoused were the drivers, came down Cuba-street at a very fast pace, and a great deal of commotion was caused. Both men—William Johns and Stephen Warne—pleaded not guilty. Having heard the evidence, the Bench (Messrs Levin, Lockie, and Maskell, Justices), dismissed the charge against Johns (the tramdriver), and fined Warne ss, with costs, 14s, for furious driving. For driving at a faster pace than a walk round a corner Warne was dismissed, and Johns fined 5s with costs.