RESIDENT MAGISTRATE’S COURT.

New Zealand Mail, Issue 998, 17 April 1891, Page 28

RESIDENT MAGISTRATE’S COURT.

At tho Court yesterday week, before Mr Graham, R.M., Francis 0. G. Graham pleaded guilty to having failed to contribute to tho support of his wife in accordance with an order made by the Court on February 13th. The prisoner stated he had been unable to pay owing to being without work. The wife gave evidence that the accused had not contributed to her maintenance. They had been married on October 27th, but had not lived together for tho past 14 weeks. She had been ill in the Hospital, and her husband had in the meantime been living with another woman. A witness (Mr Ulrich) corroborated the wife’s evidence. Mr Brown, who appeared for the wife, pointed out that the case was a very bad one, indeed, and suggested that the prisoner should be committed to prison under the powers of the Act, and also made to find security for maintenance. Mr Graham, R. M., thought the case was as bad a one aa ho had heard, for not only had the order of the Court been disobeyed, but disgraceful neglect of a young wife had been proved. He would sentence him to three months’ hard labour for having disobeyed the order, and call upon him to find security to the amount of £25 for maintenance. In default of finding the security,

} the prisoner would be sentenced to another six months’ imprisonment.

At the Magistrate’s Court yesterday week judgment was given for the plaintiffs with costs, in the following oases :—M. Fruhauf v. M. Cohen, olaim £ll 10s, cost £1 Is ; S. Plunkett v. C. A. Johnston, claim £2 ss, costs 6s ; R Martin v. T. R. Chapman, claim £8 Is 2d, costs 11s; J. Duthie and Co. v. T. and E. Churnside, olaim £ll 7s 2d, coats £1 6a ; J. Young v. W. Hegin. botham, claim £4 Os 6d, costs 7s; W. Newell v. F. Brady, claim 9s 7d, costs 6s. In the case of S. Pluoknett v. E. Beck, a claim of £3 10s, the plaintiff was nonsuited, and in that of W. Newell v. D. Cuff, a olaim of 18s, judgment was given for tho defendant. Judgment summons oases were dealt with as follows :—A. Sample v. W. Barnes, £1 ss, defendant ordered to pay the amount by instalments ; R. Bailey v. E. T. Shiel, £46 17s 2d, was similarly dealt with. In tho case of J. H. Blankart and Co. v. R. Donnelly, £39 10s, no order was made. Mr C. C. Graham, R.M., presided on the Bench. Henry Neal admitted in Court on Friday that he bad failed to provide adequate means for the support of his wife and children, but as he promised to do his best in future Mr C. C. Graham, R.M., lot him off with a caution. A case of more than ordinary interest to tho shipping community was heard before Mr C. C. Graham, R.M., at the Court on Friday, Frank Lawton, who until recently was chief mate of tbe steamer Stormbird, sued the owners, Jacob Joseph and Charles Seagar, for the sum of £l4, a month’s wages in lieu of sufficient notice of dismissal. From the evidence of the plaintiff it appeared that he had been chief mate of the Sfcormbird, and at the time of his dismissal his engagement had another month to run. There was a clause in the ship’s articles whioh stated that 24 hours’ notice of dismissal should be given ; but this. had not been given, and plaintiff claimed the amount sued for. For the defence it was contended that there had been sufficient justification for the dismissal of the plaintiff, the manner in which he had carried oat his duties not being satisfactory. His Worship, after hearing the evidence, considered there had been sufficient cause for the plaintiff’s dismissal, and gave judgment fojr the defendants, with £1 Is costs. Mr Coates appeared for the plaintiff, and Mr Hislop (of Messrs BrandoD, Hislop, and Brandon) for the defendants.

Margaret Robinson was charged at the Court on Monday, before Mr Robin, son, R.M., with the larceny of a pair of boots from the shop of Mr E. Pearce. She pleaded guilty, and said drink had caused her to transgress. She was sentenced to one month’s hard labour.

Three first offenders were brought up before Mr Robinson, R.M., on Monday, at the Court on charges of drunkenness, and discharged with a caution, and another fined ss. James Quin, an old offender, was fined 10s, or in default sentenced to 24 hours’ imprisonment. The defended caße of M. Dougherty v. B. and P. Dougherty oocupied the Court the whole of on Monday afternoon. This was a claim of £92 5s for wages, said by the plaintiff to be due to her from her sister, one of the defendants. The evidence of tbe plaintiff, for whom Mr Jellicoe appeared, was to tbe effect that she had come out from Ireland at the instigation of her sister, who agreed to engage her as a servant at a certain rate of wages. She had received certain sums whilst with the defendants, but the arrears had accumulated, and she now sued for what she alleged to be due to her. Mr Grey, who appeared for tho defendants, contended that the plaintiff, who was not doing well at home, had come out on the understanding that she was to live with her sister, and in return for her keep to do the household and other work. The defendants were examined, and gave evidence to this effect. Judgment was given for the defendants, with costs 21s, and solicitor’s fee £3 3s. In the ease of Mrs M. B. Taylor v. Captain Falconer, olaim £1 13s, judgment was given for the defendant. In the case of Browning v. Wellington Acclimatisation Society, heard last week, Mr Robinson, R.M., delivered judgment on Monday as follows : —“ In this case the defendant Society waives any technical defenoe, being desirous that the case should be decided on its merits. Tbe claim is for damages for tho conversion of three Btuffed stags’ heads which were seized by the ranger of the defendant Society at the mart of Shortt and Reid, Wellington. It appears to me that thi3 seizure was made under a complete mistake. I do not find in the Act that there is any power given to an Acclimatisation Society or its servants to seize “game” exposed for such a purpose whether, in or oat of season, and I do not think that upon a true construction of the Act the word “game” can be held to include stuffed heads of stags killed some time before. These I think must rather be regarded as manufactured articles of merchandize, in the same way as articles made from the horns and hoofs would bo regarded. The contention that the property was vested in the Chairman of the Society cannot be sustained, for it has not been shown that there has been any notification to that effect under section 38 of tho Act. I think therefore that the seizure was in no way justified by the law, and it is only a question as to what damages the plaintiff is entitled to. The plaintiff places a very high value on the heads, but it is said that he was willing to have let them be sold for much less, but that the auctioneers found them unsaleable. It is sworn that they were quoted at £6 each to Mr O’Callaghan. There seems to be no market price for such things, and I am left to make an estimate of the value which I take to be the measure of damage. This I will pat at £8 each, and enter judgment for £24 damages, tbe defendants to pay costs (£1 13s), one witness’ expenses (£1 Is), and £2 2s (solicitor’s fee), The damages to be reduced to £2 in case the articles are returned within seven days.” At the Court on Monday, jndgment was given by Mr Robinson, R.M., in favour of the plaintiffs in the following undefended eases : —Hon Robt. Pharazyn v. F. W. Holden, claim £59 6a Bd, with costa

at Wanganui of £3 Is and £2 3s at Welling. toD, solicitor’s fee, £3 3s ; Samuel J. Dyer v. Wm. H. Barrow, claim £3 Bs, costs 7s ; Lionel L. Harris v. A. Donald, olaim £ll, costs £1 Is; Francis Moran v. James Gosling, claim £1 2s 9d, costs 6s ; Francis Moran v. N. Guest, claim £2 11s 6d ; costs 6s ; Francis Moran v. Mrs M. Riley, claim £1 6s 6d, costs 6s ; Francis Moran v. Geo. Leslie, olaim £3 14s 2d, costs 6s. An interpleader summons case, in which Sin Kee claimed to recover a horse, cart and harness belonging to Kwong Lee, which had been seized by tbe bailiff at the instanoe of J. J. Devine, was heard before Messrs J. G. W. Aifcken and 0. A. Baker, Justices, on Tuesday afternoon. After a large number of witnesses—mostly Cbinamen—had been examined, the Bench held that tbe claimant had established a right to the horse and cart, and they ordered the bailiff tc deliver them over to him. Mr 0. B. Brown appeared for the claimant, and Mr Devine conducted his own case. Tho two boys, Charles James Press and Bertram Tofts, who were arrested last week for robbing certain dwellinghouses in the city, were brought before Mr C. C. Graham, R.M., on Tuesday morning. The boys, whose ages are 13 and 14 years respectively, were charged with feloniously breaking into the house of Basil Stocker, in Pirie street, on the 3rd instant; also the house of Arthur Copland, Harriett street, on the 6th instant, and stealing therefrom a blanket and several jars of jam, of the value of £1 8s; and the house of Anna Maria Davy, Willis street, and stealing a gold watch and chain valued at £l7 0s 6d. Both the boys pleaded guilty to the charges, and decided to be dealt with summarily. His Worship expressed the opinion that some steps should be’ taken by tho police to ascertain the circumstances under which a gold watch was taken by a pawnbroker from two such young boys. Sergeant-Major Ramsay intimated that the pawnbroker could give good reasons, but at the same time promised that fuller enquiries would be made. His Worship then ordered the boys to receive twelve strokes of the birch, and committed them to the Burnham Industrial School till they reach the age of 15.

The Inspector of Nuisances, Mr J. Doyle, brought three cases of by-law infractions before the Court on Wednesday. For keeping an unregistered ■ dog James Windsor was mulcted to the amount of 5s with 7s costs ; John Brown was fined 20s without costs, for burying nightsoil on his premises in KiDg street, Newtown, and John Johnstone ordered to pay a fine of 5b and 7s costs, for keeping pigs bn his premises in the Adelaide road. George Harrison was fined Is without costs, for driving a lorry without lights after dark. There was a full bench of Justices.

At the Court on Wednesday, be. fore Messrs E. W. Morrah, J. O’Meara, G. Allen, and Lieutenant Colonel McDonnell, three firemen of the R.M.S. lonic, named Van Eaton, John Donnelly,and John Barnard, were charged with drunkenness and disorderly behaviour. They all pleaded guilty, but the charges were proved by'the police, evidence being given by Constables Moore, Mullane, and Johnston. Donnelly and Barnard were fined 20s, or in default sentenced to 48 hoars, and Van Eaton 10s, with the alternative of 12 hours.

Charles Stone, a respectable looking man, was brought up at tbe Court on on Wednesday on a charge of criminally assaulting Kate Cooney on the 10th instant at a house in Wingfield street. Mr Thompson, addressing the Bench, applied for an adjournment, ns his partner, Mr Haselden, who had undertaken the prosecution on behalf of the informant, was too ill to attend, and he (Mr Thompson) had not had time to go into the case. Mr Jellicoe, who appeared for the accused, while regretting the illness of Mr Haselden, objected to an adjournment, as the charge was far too serious a one to keep hanging over the head of his client. The Benoh decided to hear the case, and Mr Thompson agreed to conduot it on behalf of the informant, the Court being cleared. The hearing of the evidence Of several ""(Fitnesses, among whom were Drs Collins, Fell, and McCarthy, occupied the Court till 4 p.m., when the Benoh, considering a prima facie case made out, committed the accused. to the next sittings Of the Supreme Court. Two cabmen, James Baghurst and Peter Griffiths, .appeared at the Court on Wednesday in answer to a charge laid on the information of the police, of dice throwing for tbe purpose of gain in a cab at the Manawatu Railway Station on tbe 9th inst. Mr Coates, wbo appeared for the defendants, submitted in defenoe that the Court could not convict, as the cab in question was not a licensed vehicle at the time of the alleged offence. The defendant Baghurst gave evidence, and stated that his license expired on March 31st, and was not renewed until April 9th. Witness produced his license to prove his assertion. The Bench refneed to allow the contention, stating that it was to be presumed that the cab was licensed at the time. Mr Coates said he would appeal in case of a conviction, as the Court was bound to accept the law as they found it. The Bench was of different opinion, and considered tho charged proved, but as the case was not a flagrant one the defendant were sentenced to be imprisoned until the rising of the Court, and ordered to pay 15s costs. Messrs E. W. Morrah, J. O’Meara, G. Allen, and Lieut-Colonel McDonnell, J.P.’s were on the Beach.