RESIDENTMAGISTRATE’S COURT.

New Zealand Mail, Issue 1056, 26 May 1892, Page 29

RESIDENTMAGISTRATE’S COURT.

Wednesday, May 18. (Before Messrs G. Allen, J. O’Meara, and J. (J. McKerrovv, Justices.) insobriety. A male first offender was discharged with a caution, and Mary Ann Moroney, whoso third offence this was within tho last six months, v/as fined 20s, or three days’ imprisonment in default. ALLEGED ASSAULT. A maD, who did not appear when called upon, was charged with assaulting Arthur G. Smith, commission ageDt, the previous evening. When the charge was called on the defendant did not appear, and Dr MacCarthy stepped forward and said the complainant was unable to leave his bed, and would not be able to attend for a couple of days. Ho suggested that the case might be adjourned. Mr Skerrott, who appeared for ihe defen. dant, said as to an adjournment, there was no caße for the Bench to adjourn ; the Act requiring that in cases of assault an information must bo laid. Sergeant-Major Ramsay replied that no information was laid, but an assault was committed, and Sergeant Black thought he was perfectly justified in what he did. After further argument the Bench upheld Mr Skerrett’s contention, and dismissed the case. Mr Skerrotb thereupon said he would undertake that thi defendant should appear when an information was laid in a proper manner. THE CHAEGE OF BIGAMY. William Frederick Moran again answered to his bail to answer the charge of bigamy which had been preferred against him, Mr Glaseodine, for the prosecution, asked for a further remand, as papers necessary to support the charge had not a rived from Melbourne. Mr Skerrott, who appeared for the defence, offering no objection, the case was further remanded till Wednesday in next week, the same bail being allowed as before. ’ CHARGE OF FORGERY. Daniel Egan was charged with forging and uttering a promisso-y note, purporting to be of the value of £4S 103, on the sth December of last year. Mr Boynton oppeared for the informant, Mr Charles Lyons, aad Mr Gray defended. On the latter’s application the case was adj uirned tili Wednesday next, accused being allowed out ou the same I ail as bofore. dismissed. Sarah Clarke was charged with using obscene language to Lizzie Duncan in Taranaki street on the Bth iust. After hearing tho evidence, which disclosed a paltry neighbour’s quarrel, the Bench dismissed the case. “ LIKE A TIGER.” A married woman mimed Jane Fuller was charged with assaulting Susan Hall on fcha 9t,h May. Complainant stated that Mrs Fuller, who had a grievance against her, tore the dress off her, bit her ou the arm, scratched her face, and knocked her down, finally pushing her inside her (complainant's) door, locking her in, and taking away tho key. She had given not the slightest provocation, but defendant came at her >« just like a tiger.” The defence was that complainant fell down while drunk, and inflicted the injuries complained of on herself. Case dismissed. Thursday, May 19. (Before Mr H. W. Robinson, R.M.) DRUNKENNESS. The following drunkards were dealt with : —Alice O’Donnell, fined ss, or 24 hours ; Bridget Lane, fined 40s, or seven days ; Olivia Camel 1. an old offender, discharged. Thomas Todd, alias Charlos Todd, who appeared with his head bound up, pleaded guilty to being drunk, but said he did not remember how bis head got injured. He only arrived in New Zealand the previous day in the Rimutaka. Sergeant-Major Ramsay said tho defendant was before the Court in December last, when the Rimutaka was here cq her last trip. His Worship remanded the ‘accused until Saturday for medical treatment. DESTITUTE CHILDREN. Three little girls named Ashby were brought into Court in charge of their father and mother, who live at Johusonvilie, charged with being destitute children. Their names and ages were Mary Jane, 7 years ; Selina, 5 years ; Emma, 2 years and 8 months. Mr R. Bould, Chairman of the Johnsonville Town Board, said he had known the children’s parents for some time; the mother was a very bad manageress, and the father could only get woik occasionally. The case had been cahed to his attention by some of tbe settlers, and consequently, with tbe consent of the County Council, he had taken these proceedings The children’s father was aware of the charge, and had given his consent to it being brought. Ashby, tbe children’s father, was sworn, and said he was unable to support them. His Worship ordered the children to be sent

to the Burnham Industrial School, to be brought up in the Church of England religion. No order was made on the parents for their maintenance. CIVIL BUSINESS. Judgment was given for plaintiffs in the following undefended civil cases : —J. Newton v W. Claphxm, £6 8s 7d, costs lie ; Dr Gillon v W. Slii'iton, £2 7s Gd, costs 6s ; same v D. Grinion, £3 3s ; Wellington Loan Company v F. Marryatt, £lO 3s, Co3t3 £1 Is; Levin and Co. v E. J. T, Price, £3O 103, costs £3 12a; City Rate Collector v G. Walfcher, £7 4a 4d, oosts 13a ; same v G. W. Lewens, £1 2s 6d, coat 6s. JUDGMENT SUMMONSES. Picturesque Atlas Company v J. Coogan, claim £l3 9s ; order for payment by monthly instalments of £l, or 10 days'im prisonment in default. In the cases of the same Company v W. J. Raymond, of A ellington, and J. Graham, of Paremata, claims of £7 8s 8d and £5 93 4d respectively, an adjournment was granted till July 21, to enable the defendants to come to an arrangement ; Blake and Harding v W. 11. Barrow, claim of £1 19s, order made for payment of the debt by weekly instalments of 2s, or in default two days’ imprisonment. DEFENDED CASES. Dr Gillon v. Alexander Dimant, claim £2 11s for medical attendance. Judgment for plaintiff for amount claimed, with costa 6s. Mr Hall appeared for Dr Gillon. Wm. Baird v. Jatnos Fulter and Chas. Fulter, claim of £2O damages, for the shooting of a pig by defendants at Ngahauranga, the property of the plaintiff, on tha 15th April last. Mr Hialop appeared for the plaintiff, and Mr Hovvarth for defendants. His Worship gave judgment for the plaintiff for £4, with £4 4s costs. Friday, May 20th. (Before Mr H. W. Robinson, R.M.) DRUNKENNESS. Two first offending inebriates were discharged with a caution. THE BEST COURSE. The girl Ellen Briekley was brought up on remand to receive sentence for stealing a jacket from the second hand shop of Selina Crawford. Sergeant-Major Ramsay said he thought the girt was not so much to blame. However, some ladies had offered to get her into a Home at Auckland, to which place Mr J. Collins had promised to pay her fare. His Worship accordingly discharged the girl, who left the Court in company with three female members of the Salvation Army. DISMISSED. Three boys appeared on the charge of stealing timber, value lOd, the property of William Chalmers, but as the police decided not to prosecute, the caso was dismissed. CHARGE OF THEFT. A boyish-looking individual named Tasman Cook, and an older person named John Brown, were charged with stealing a gold watch, value £l4 103, the property of Samuel MeOallum, on or about the 13th inst. Mr Coates defended. Tho informant, who had been in the Borough of Onslow, stated that he came into Wellington on Thursday in last week, and stayed at the Star Hotel. He was drinking that day, and did nob go to bed at all. He woke up sitting in a chair on the Friday morning, and noticed that his chain was hanging loose, and the watch was gone. He next saw it in the possession of Detective Herbert. The watch produced was the one he had lost. A. Ford, James Mitchell, the manager of Mr Smart’s pawnbroking establishment, and Detective Herbert also gave evidence. Mr Coates reserved his defence, and the accused were then committed for tiiul at the next sitting of the Supreme Court. Bail was fixed at a personal bond of £B9 each, aad two sureties of £4O each. CHARGE OF BOAT STEALING. Joseph Rose, a boy about 16 years of ago, was charged on remand with stealing a boat, value £lO, the property of Joshua Morris. Mr Morrah appeared forfaccused, who was discharged. MAINTENANCE. William Charles Boulter, who did not appoar, was charged with failing to support Jessie Lynch, hi* mothor. Tho latter stated that Boulter was a steward on board the s.s. Noptune. Her husband w.u alive but an invalid. She earned 12s a week, and her husband received 5s a week from the Benevolent Trustees. Mr Hutchen, who appeared for defendant, said that Boulter was willing to contribute 2s 6d per week, and called defendant 8 wife, who stated that her hnsband was caterer to the Neptune, and had to provide food for officers, sailors, and passengers out of £3O a month. She bad every seven months given plaintiff stores of food, etc. The Bench adjourned the case till Alonday in order that the parties might, if possible, come to some agreement. Saturday, May 21. (Before tha Hon. E. Richardson, and Messrs C, T. Richardson, and T. O. Pickering ) DRUNKENNESS. The following charges of drunkenness were dealt with : -A'ex Ferguson, a previous offender, was fined ss, or 24 hours’ imprisonment ; Eliz. Cole was sentencsd to three months’ imprisonment with hard labour as an habitual drunkard ; and Olivia Carnell was fined 695, or seven days in default ; and Thoma 3 iocid, of the Rimutaka, who had bsen remanded rom tho 18th for medical treatment was discharged with a caution. HE WOULD NOT ATTEND. Edward Haines, an elderly man, was charged with having failed to attend at the Resident magistrate’s Court, Foxton, on the 12th May in the case of Police v. Longhlin, as a witness. Sergeant-Major Ramsay said the case had been remanded to Juno 16 ; the accused was offered his expenses, but did not even then appear. Accused said he knew he ought to have gone, and would be sure to go next time. It was left to the police to see that Haines puts in an appearance at tho next hearing of the case. DISTURBING WOKS HIT. A boy of 15 years of age, who gave the name of Jackson, was charged with disturbing the Salvation Army service in thb

Barracks, Adelaide road, and was discharged after having been severely cautioned by tbe Bench. Monday, 23rd May. (Before Mr O. C. Graham, R.M.) DRUNKENNESS. Six first offenders were each fined 53, in default 24 hours’ imprisonment. John Knox Purves, who had been previously convicted, was sentenced to a fortnight’s imprisonment. ASSAULT. Wm. Roach, a seaman on the Tekoa, pleaded guilty to a charge of having assaulted Henry Rochfort, third officer of the vessel, and was sentenced to a month's imprisonment, 'Mr Izard proseo ited. Another charge against Rochfort of having used obscene language was withdrawn. civil business. (Before Messrs W. Littlejohn and J. Jack, Justices.) Judgment for plaintiff was given in the following cases : —Wilkius and Field, £ll 9a Id, costa £1 ; same v L. Larsen, £3 18s lOd, coats 7s ; Stewart and Co. v J. Malcolm, £3 6s lOd, costs 7s ; F. C. Brailsford v F. Webbe, £ls 0s Bd, costs £2 Is. Judgment summonses—G. Fiyger v A. Peters, claim £6 53 4d. Defendant (who did not appear) was ordered to pay th® amount forthwith, in default seven days’ imprisonment. N. Smith v Alice Wilson, olaim £7 13s; no order. In the defended case, E. Hennigan and wife v Mary G. Boulter, claim £5, judgment was given for plaintiff for £2, and coats £1 7s. Mr Skerrett represented tbe plaintiff, and Mr Hutchen the defendant. (Before Mr H. W. RoblnsoD, R.M.) Considerable time was occupied in hearing the judgment summons case, A. J. Reid, auctioneer, v R. Walker, carrier, of the Upper Hutt, a claim of £27 Is 7<L Eventually his V/orship, by the oonsent of both Bides, adjourned the further hearing of the case until June 9th, in order that the plaintiff might amend the summons by inserting the special grounds under which the defendant should be examined a 3 to fraud. Mr Bolton represented the plaintiff. Judgment for plaintiff was given in the case of W. J. Nathan v. E. N. Littlejohn, olaim £54 Ss 4d, costs £5 4s. An application for a nonsuit in the case ofR. W. Heliaby v. H. Wilson, claim £32 3s sd, was refused, and the further hearing of the case was adjourued until June 2nd. Mr Hall appeared for the plaintiff, and Mr Gully for defendant.

Mr H. W. Robinson, R. M., had before him last week an adjourned civil case, in which William Thacker, of Regent street, Newtown, sued Messrs Cronin and McGrath, contractors for the reclamation work in connection with the Te Aro Railway extension, for LSO, the value of 700 tons of ballast removed from the reclaimed land and used on their contract. Finally, both sides consented to a judgment being entered against plaintiff for L 4, without costs.

A civil case was heard before the Resident Magistrate yesterday week, in which Mr E. T. Gillon, as agent for the Dramatic Authors Society, sued Messrs Dobson and Kennedy, theatrical managers, for the sum of L2 2s, as the copyright fee for the production of W. H. Gilbert’s ‘ Pygmalion and •Galatea ’ by the defendants’ Company. Defendants had been given permission to produce the piece by the Society through Mr Gillon, their agent, at third class rates, but having broken that agreement, the present action was brought. Mr Levi appeared for plaintiff, and Mr Jellicoe for the defence. Mr Jeliicoe asked for a nonsuit on the following grounds : —(I) That plaintiff had no right to make any contract or sue for the recovery of any penalties in his own name ; (2) that there was no evidence that in February, 1891, when the contract was made, Mr Gilbert had any copyright whatever of this work; and (3) that as the contract between the parties was anterior to the date of the last registration of the certificate under the Fine Arts Registration Act, the plaintiff, even if entitled to sue in his own name, could not recover. His Worship upheld this contention, and nonsuited the plaintiff with LI 4s costs. Mr Robinson, R.M., on Monday afternoon delivered a reserved judgment in the case of Heliaby Bros, v Wilson, deciding that where the holder of a bill has endorsed it over to his bank for collection and receives it back unaccepted and with the banker’s endorsement cancelled, such a holder having possession of the bill can sue upon it without obtaining a re-endorsement from the bank. Mr Hall received judgment for the plaintiffs, and Mr Gully for the defendant, on whose behalf he gave notice of appeal.