RESIDENT MAGISTRATE'S COURT

New Zealand Mail, Issue 938, 21 February 1890, Page 11

RESIDENT MAGISTRATE'S COURT

Civil —Mr H. W. Robinson,' R.M., presided at yesterday week’s sitting of tho civil cases, when judgments were entered up as follow :—ln the case of M. C. Boulter v. C. F. Stevens, claim £7 12s, an order was made for the payment of 10s por week, in default six days’ imprisonment. In another judgment ease, M. Wyatt v. C. Williamson, claim £1 15s, his 'Worship, after hearing evidence, made no order. In the case of Lily Luftmaun v. Mrs Knigge, claim £8 18s 6d, judgment was given for the d fendant with £1 Is costs. Mr Jellicoe appeared for the plaintiff, and Mr Menteath for the defendant. In the case of J. B. Harcourt v. the Colonial Bank, a claim of £75 for commission on the sale of a piece of land in Harbour-street, the plaintiff was nonsuited, with £5 14s costs. Mr Travers appeared for the plaintiff aud Mr Edwards for the defendant.

Judgment.—Mr H. W. Robinson, R.M., gave judgment in the Magistrate’s Court yesterday week in the civil ease of A. Young v. Rouse and Hurrell, in which £7O 2s was claimed as the amount of a promissory note and interest which the defendants had from the plaintiff, and tho plaintiff had since been compelled to pay with interest. The plaintiff therefare claimed that he was entitled to have tho amount refunded because of .an entire failure of consideration. Ilis Worship said that he must hold that the plaintifi’s case had not been made out. There was no entire failure of consideration. The conoideration3 were twofold one being that the amount which this bill was intended to relieve should be furnished aud the former bill extinguished ; and the other consideration intended was that the bill that was coming due should be retired in the sense of being withdrawn before presentation and not after. His Worship therefore gave judgment for the defendants, with £5 lls costs. Mr Quick represented the plaintiff, and Mr Edwards appeared for the defendant.

Friday, February 14

(Before Mr H. W. Robinson, R.M.) Drunkenness. —A first offender, for this offence, was cautioned and discharged. Sunday Trading.—James Crawford, licensee of the Branch Hotel, was charged with having, on Sunday last, sold a pint of beer to William Thempson. Defendant pleaded guilty. Sergeant-Major Morice stated that Sergeant Kiely entered, the hotel shortly before noon on the day mentioned, and found three men, two of whom were drinking. Mr Edwards, on behalf of the defendant, pleaded that the objoct of the police was to stop the practice rather than to punish the defendant. Mr Robinson imposed a fine of L2, with 19s costs. Another information against the defendant was withdrawn. Protection Orders. —Kate Imrie applied for a protection order against her husband, William Imrie. The applicant stated that her husband was working for a blacksmith named Woods at Palmerston North, and he had not contributed anything to her support for the past six months. She had two children, aged 3 years and 9 months respectively. The last time she received any money was on the 10th August last. Applicant was not able to do any work owing to the troublesome nature of her baby. His Worship made an order for the payment of 20s per week toward the support of his wife, and 5a per week to each of the two children. Louisa Larsen applied for a protection order against her husband. The evidence of the applicant was to the effect that the defendant often came home drunk, and did not support her. She had two children, seven and six years of age respectively. His Worship granted the order asked for, and also the exclusive custody of her two children. ... J . ' Civil Business. —In the case of C. G. Falkland v. J. Lane, claim L 4 19s, ior some saddlery, judgment was given for the plaintiff for L 4, with costs amounting to L2. Saturday, February 15. (Before Messrs T. J. Gale, J. Dunn, and F. H. Fraser, Justices. Drunkenness. —Margaret Smith and John Tarr both admitted being and were each fined 20s, or seven days imprisonment. ® Vagrancy.—Margaret Webster pleaded guilty to being found unlawfully in an outhouse belonging to Frank Traynor situated in Garrett-street, and also to damaging a window valued at 2s 6d, belonging to the same person. The Bench remarked that there were three previous convictions againsn her, and they would sentence her to three months’ imprisonment, with hard labour, and she would

also have to pay the amount of damage done to the window, and a fine of 203, or in default 48 hours’ imprisonment.

In the Resident Magistrate’s Court on Monday, Messrs Chapman and FitzGerald sued Thomas Carr for Ll 6, amount of their bill of costs incurred chiefly for the taxation of a bill of costs rendered defendant by Messrs Brown, Skerretb, and Dean. Mr Gray appeared for the plaintiff, and called Messrs Bolton, Salmon, Skerrett, and Cooper as witnesses. Mr Haselden appeared for the defendant, and said that the defence on the merits was that the work charged for was useless to the defendant, and that ordinary diligence on the part of the plaintiffs would have apprised them that the total amount of Messrs Brown, Skerrett, and Dean’s costs-being under the scale allowed by the code no taxation of the items could take place ; and as a matter of fact no real taxation did take place, the itams not being considered by the Registrar ; and as a technical defence, he pleaded that no properly signed bill had been delivered by the plaintiff, as they admitted that the signature of the bill was that of Mr Salmon, who was not a partner of the firm of Chapman and Fitz Gerald, and that our Law Practitioners Act required the signature of a partner in the case of a firm of solicitors. Mr Robinson, R.M., reserved his decision. Tuesday, February 16. (Before Mr H. W. Robinson, R.M.) Larceny.—A Maori girl named Marora admitted a charge of having stolen the sum of 17s 6d from the dwelling of Parataiia Te Pahu. A further charge against her of having stolen the sum of 5s from Hori Tukia was proved. His Worship discharged the culprit upon her refunding the money, Mr H. M. Stowell (Native "interpreter) explaining to the Bench that the prosecutors did not wish, to press the charge. Oysters out op Season. George Payne was charged with having on the 30 th January had in his possession certain rock oysters during the close season. Mr Izard prosecuted, and Mr Brown defended. A contention was raised for the defence that the oysters, which had been found at the defendant’s shop, had been brought from Sydney, and that therefore the regulation did not apply to them. After argument his Worship upheld this contention, and Mr Browne then called the defendant and other witnesses to prove that the oysters had come from Sydney. After the evidence of H. B. O’Callaghan, Ranger of the Acclimatisation Society, called by the prosecution, which was to the effect that lie called at the defendant’s shop and asked for some oysters, and that the woman who served him had told him that he could not take the oysters away, as it was the close season, his Worship reserved his decision until Friday. Maintenance. —A charge against J. T. McKendrick of failing to provide his wife with adequate means of support was dismissed. A case against A. C. E. Durant of failing to provide his wife and two children with adequate means of support was adjourned until the 21st instant.

Assault. —Mrs Hemington, charged with having assaulted a boy named Arthur Clarke, aged 13, was fined 5s and costs 7s.

Oescene Language.—Lillie Leonard, charged on the information of Margaret Wake with having used obscene language in Abel Smith-street on the. 10th of February, was sentenced to 48 hours’ imprisonment, and ordered to enter into her own recognisances in a sum of LlO that she would keep the peace for a period of two months. The same defendant admitted another charge of having wilfully broken a window, the property of Lizzie Smith, and upon this charge she was fined LI, ordered to pay the damage (9s) and costs 7s, in default three days’ imprisonment. Wednesday, February 17. (Before Messrs G. S. Graham and W. G. Tustin, Justices). Drunkenness. —John Harding, William Tyser and William Harvey were each fined 5s or 24 hours’ imprisonment for drunkenness. Refusing to Obey.—Edward Hogan was charged with disobeying the lawful commands of Mr Gilmour, chief officer of the ss Duke of Westminster. It appeared from the evidence that the defendant went on board the vessel on Tuesday in an intoxicated condition, and refused to obey the officer’s order. . His Worship sentenced Hogan to one month’s imprisonment. Assault. Ezra Jones was charged with having on the 17th inst committed a brutal assault upon his wife Eliza J ones. It appears that when Mrs Jones returned home on the day in question she found her husband lying drunk upon the floor, whereupon she complained, and he rose up and struck her a heavy blow in the face with his clinched fist. He also struck her several times on the body. Jones pleaded guilty, and was sentenced to two months’ imprisonment with hard labour. He was also bound over to keep the peace for five months in one surety of LlO. Similar charges against Alexander Scott and J. Carton were dismissed, the complainants failing to put in an appearance. Breach of City By-Law. Ann Waters, charged with burying nightsoil on her premises in Tory-street, was fined Is and 12s costs.

Charge of Rape.— Albert Brimble was charged with having committed rape

on a little girl, the daughter of Mrs Trudgeon, of Dixon-street. On the application of Detective Kirby the accused was remanded for one week.

Civil Cases.—A special civil sitting of the Magistrate’s Court was held yesterday before Mr H. W. Robinson, R.M., In the case of W. B. Edwards v. F. A. P. Fiebig, in which L2l 19s 9d was claimed as the balance of a bill of costs incurred in connection with a divorce suit of the defendant’s, judgment was given for tho plaintiff for the full amount, with L2l6s costs. Mr Jellicoe appeared for the de* fendant. A case in which T. Munt, carrier, sought to recover LlO from A. Edmonds, formerly in his employ, as damages for giving up his employment, without proper notice, judgment was given for the defendant with LI Is costs. Mr Jellicoe appeared for the plaintiff and Mr Brown for the defendant. In the case of P. Garrick v. A. Garrick, claim L 4, judgment was given for the defendant ; as also was the case cf. Albert Lee v. J. Cotterell, claim L 5 10s. In the cross action, Joseph Cotterell v. Albert Lee, claim LI 9s Bd, judgment was given for 10s and 27s costs.