RESIDENT MAGISTRATE’S COURT.

New Zealand Mail, Issue 978, 28 November 1890, Page 26

RESIDENT MAGISTRATE’S COURT.

Mr C. C. Graham, R.M., delivered a rather Important decision yesterday week in the C 286 of McArthur v. DoreeD, It was an application made by the defendant through his solicitor, Mr McAllister, for the sum of £4 _ls which had been paid into Court in liquidation of a judgment summons, urging that the money be paid over to the bailiff of the Resident Magistrate’s Court. Mr Dean objected to the application, and after argument his Worship ordered that the money should be paid over to the bailiff in satisfaotion of a warrant of distress which had been issued against Mrs Doreen, Robert W. Patterson, a bookmaker, late of Wellington, was charged by Alfred Cottrell on Friday with assaulting him in Willis street on the 19th inst. After hear ing evidence his Worship, Mr Robinson, fined the defendant £2, with costs amounting to £1 16s. Mr Coates, who appeared for the plaintiff, applied to have the defendant

bound over to keep the peaoe, but this Mr Robinson refused. Mr Skerrett appeared f >r the defen 'ant. Riolmrd Caruall, formerly in business in Dunedin as a clothing importer, was arrested by bailiff-Gordon on Thursday night, juet as he was leaving for Sydney. The warrant upon which Carnall was arrested authorised the bailiff to hold him to bail to answer a claim of £25 6s made by George Bateman, hotelkeeper, Dunedin. The hearing of the oase came before the Court on Friday. Mr Levi was plaintiff’s solicitor, and Mr Gray appeared for the defendant. Under examination the defendant admitted having stayed at Bateman’s Hotel, but maintained be had paid the debt so incurred by cheque. Just before be left Dunedin he had a liquor bill given him amounting to £l6 12a 9d, said to have been run up iu a month. Mr Levi suggested that the further hearing of the case should be adjourned for the production of additional evidence, but to this Mr Robinson objected, and discharged the defendant from custody. There was % second case also brought against Carnall by Edward Holmes, another Dunedin hotelkeeper, claiming £l3 lla, and after hearing evidence judgment was given for the defendant. His Worship observed that bosh cases almost amounted to an abuse of the process of the Court, and showed great recklessness on the part of the plaintiffs, and awarded the defendant £7 compensation in each case, and ordered the plaintiffs also to pay £3 3s costs. On Saturday Carnall was arrested by Detective Campbell for committing perjury. He was brought before Mr Robinson, R.M., on Monday. Mr Gray, who appeared for him, asked for his immediate discharge as the police had no Warrant, and had only acted on instructions received by telegram from Dunedin. Ser-geant-Major Ramsay observed that the warrant would arrive from the South by the next steamer. Mr Robinson said he had no power to confine the accused, and discharged him.

Joseph S. Buller, formerly Crown Lands Agent at Bingara, New Sonth Wales, appeared on Saturday on a charge of embezzling money belonging to the New South Wales Government. The accused was arrested at Wanganui the week before and sent on here. Inspector Thomson produced a cable message, and stated that Buller had been arrested on a provisional warrant issued under the Fugitive Offenders Act, and asked for a remand for a fortnight, which was granted by Mr Robinson, R.M. A woman named Dinah Koch was sent to gaol on Monday for three months for stealing a toilet cover and a table cover belonging to Mrs Mary Cameron. The accused has been found guilty of committing petty thefts before.

In the case of Government Insurance Commissioner v, Andrew Young and Alfred Andrews, in which the plaintiff claimed £34 33 as sureties on a bond— being a debit balance—Mr Robinson, R.M., said on Monday that he would be compelled to decline jurisdiction unless both parties signed a memorandum to give jurisdiction as provided in the Resident Magistrates’ Act, i 86- Ultimately the case was further adjourned until the 4th Deoember, so that all the parties interested might consider the matter.

His Worship Mr Robinson gave judgment for the plaintiffs in the following civil cases on Monday ; —T. and W. Young v. J. D. Mandel, claim £2 18s, costs 7s j same v. Helen Dempsey, claim £2O 17s, costs £1 11s ; same v. Henry Hounsell, claim, £lO 13s Id, costs 16s; Wellington Biscuit Company v. H. and A. Hodgson, claim £l6 153 9d, costs £2 7s; John Duthie and Co., v. Edward DixoD, claim £BS 11s, costs £2 Is ; J. Charlton v. A. Hodson, claim £3 lla, costs 7s; same v. J. Beer, junr., claim £2, costs 7s ; John Duthie and Co. v. Clark and Co., claim £7 4s 7d, costs 14s. In the case of John Kebbell v. Thomas Buckeridge, a claim of. £25 19s 6d, heard at Otaki last week, bis Worship gave judgment for defendant with £3 19« costs. Mr Quick gave notice to appeal. The case of W, Freemun and R. Miller v. John Cavanagh, a claim of £46 13s 4d for rent, lasted nearly the whole afternoon, and after hearing considerable evidence his Worship gave judgment for plaintiff for the amount claimed, together with costs £3 183. Judgment was given for defendant in R. Gardner v. Field, a claim of £IOO as value of six horses.

A case which attracted more than ordinary interest was heard before Mr Graham, R.M. on Tuesday, viz., informations under the Employment of Females and others Acts. The defendant was Elizabeth L. Snook, dressmaker, who was charged with with having (L) on the Bth of November neglected to give three of her employes—namely, Dorothea Hansen, Ella Townsend, and Bertha Ross—a holiday from 2 o’clock in the afternoon ; and (2) employed the same three perrons for more than eight hours on the 14th instant. The defendant admitted the offence, adding that she was aware she had laid himself open to be summoned. Mr Graham pointed out that the defendant had rendered herself liable to a penalty of £2O, but thought that a fine of £3 in each case would be sufficient, with costs, which amounted to £7. Similar informations against Robert Hannah, boot manufacturer, were next heard, and a fine of £3, together with costs was imposed. The other informations were withdrawn. There was only a very short sitting of the Court on Wednesday. A Chinese named Ah Gee wa3 fined Is, with 7s costs, for allowing the chimney of his house to. take fire. Edward Templing was fined 5s and 7s costs for driving an express after dark without the customary light. One inebriate, who did not appear, forfeited the amount of his bail. Messrs W. M. Maskell, J. Maginnity, and T. G. McCarthy were the presiding Justices. Mr Robinson, R. M., gave judgment on Wed. nesday in the care of A. Batchelor v. Union Steam Shipping Company, being a claim for £l9 5s 6d far lost luggage. His Worship gave judgment for the plaintiff, with costs. Mr Coates appeared for the plaintiff and Mr Skerrett for the defendant company, Tuesday, November 25. (Before Mr H. W. Robinson, R.M.) DRUNKENNESS. For the offence of drunkeunees Henry McCormick was fined 20a, or iu default

48 hours’ imprisonment, and May Turner 10-s, or 24 hours. MAINTENANCE. William Rodgers was charged with failing to comply with an order of the Court for two maintenance orders, and was ordered to pay the amount in 14 days, or to go to gaol for three months. FALSE PRETENCES. Frederick T. Fitzgerald, a respectably dressed young man, was charged with obtaining on different occasions the suras of L 3 and L2 by means of false representations from one William Jackson Watkin. As the accused had only been arrested a few hours previously at Taita, a remand for a week was granted, on the application of Mr Jackson, who appeared for the accused. FALSE DECLARATIONS. W. J, Rout and W. E. Hugo were charged with makmg a false declaration under the Electoral Act by claiming to have resided for six months in the distriot in which they desired to vote. The defendant Rout, who was represented by Mr Glascodine, explained that he lad filled in a paper under the impression that it was an application to have his name transferred from the Hntfc district. The other defendant stated that he was under tho impression that Ngauranga, where he resided, was part of the Wellington electoral district. His Worship fined both defendants 10s, with 9s costs. ROBBERY WITH VIOLENCE. Thomas Buckley and Edward Ryan, alias O’Brien, on remand, were charged with robbery with violence from a young man named J. Mercer in Willis street on last Friday night. The accused were defended by Mr Bunny. Tne circumstances of the case have already appeared. The prosecution was conducted by SergeantMajor Ramsay, after the conclusion of which the prisoners expressed a desire to be sworn, when they gave the following evidence :—Thomas Buckley said that on the evening in question Mercer asked him if there was a chance of a job on the wharf, and Ryan answered iu the affirmative. Mercer then said that ha would have to go on the wharf, and look out for a job, as he was hard up, and he then asked for the loan of a “ bob ”to get a bed. There was a handkerchief showing out of Mercer’s, pocket. Ryan said, “Why don’t you sell this, ’ and at the same took hold of the handkerchief. Mercer and Ryan were “ larking ” over the handkerchief. Witness would not carry euch a handkerchief. Under cross-examination he said he lived at the Britannia, and was a casual labourer on the wharf. He owed a fortnight’s board, but gave some man 63 who was hard up. He did not know the man. Edward Ryan alias O’Briea corroborated the statement made by Buckley. Remembered Detective Campbell coming along. The officer addressing him said, “You have had a good innings this time, I will get you fitted for a long time now.” Witness then ran away, being frightened. Mr Bunny contended that the case was a very trivial one, and hoped his Worship would dismiss the accused. Mr Robinson thought differently, and committed both accused to take their trial, bail being allowed as follows :—Accused in LSO and two sureties of L 25 each.