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R.M. COURT.

In the Magistrate's Court last week there was heard a civil case in which W. J. Haines sued Edward J. Beavis for LI 18s, cost of stabling and paddocking a horse. It appeared that some time ago defendant sold a horse to Haines for 30s or L2, and some time after bought one from a man named Webb, for which he gave a pony, valued at L 4 10s, and 303 in cash. Subsequently he discovered that his purchase was the animal he had formerly sold to Haines, and he thereupon asked Haines to try and sell it for him. The defence was that it was on Haines' recommendation that defendant bought the horse from Webb, and that, on finding he had been, as he thought, swindled, he suggested that Haines should rid himself of some of the odium of the transaction by selling the horse for him. After hearing the evidence the Resident Magistrate gave judgment for plaintiff for 14s, with 9s costs. Mr Menteath appeared for the plaintiff, and Mr Jellicoe for the defendant. .

At the Magistrate's Court yesterday week, before Jr C. Martin, R.M., a man named Wm. Thompson, who only the previous morning had bean fined for drunkenness, was brought up on a similar charge and was fined 10s, or 48 hours' imprisonment in default. Thomas Carruthers Johnstone was charged with forging and uttering a cheque for LlO at Napier on the 29th April. He was remanded to appear at Napier on the Bth inut. James Beattie Furniss was charged on remand from Wednesday with intending to desert his wife and child at Mahikapawa. As the complainant did not appear, the defendant was discharged. Mr Martin, R.M., entered up judgment for plaintiffs in the following civil cases at the Magistrate's Court yesterday week:—Bush and Thr-rburn v Frank Willis, L 5 19s 3d, costs 17s; E, Barber v F. C. Millar, L 4 19a sd, costs 6s; Geo. W. Dutton v Marie Cohen, L 55 19s 3d, costs L2 Is ; Wellington Loan Company v J. F. Brenchley, Lll 2s, costs L2 13s ; City Council v Wm. Stuart, LI 153, costs 6s; same v Wm. Smith, LI 12s 3d, costs 7s ; same v owner of houses in Hawker street, Lll 183, costs LI 2s ; same v T. De Chenais, L 47 5s Id, costs LI Us; Wilkins and Field v John Adwin, L 4 lis, costs 7s ; same vR. Mold, L 5 8s 6d, costs Ll ss. Judgment summonses—R. J.McKenzie v J. Maysmore, defendant to pay L 3 9j forthwith or seven days' imprisonment. J.J. Devine v D. H. Mackinnon, defendant to pay L2' 2s Id forthwith or seven days' imprisonment. S. Gilmer v B. Raphael, Llti 5s ; defendant, who did not appear, was ordered to pay amount forthwith, or 21 days' imprisonment in Lyttelton Gaol. Brown, Skerrett and Dean v John O'Halloran, Ll 15*; defendant ordered to pay forthwith, or 72 hours' imprisonment in default. Defended cases—City Council v Jeremiah Sullivan, claim L 3 18s 9d for rates on land in Victoria Reserve ; judgment was given for plaintiffs for amount claimed, with 6s costs. Jas. Lockie v Peter P. Webb, claim Ll 3 Bs. for commission ; plaintiff nonsuited with Ll 14s costs. Among the civil cases called on in the Magistrate's Court yesterday week were two in which George William Goode, one of the members of the alleged ' long firm' was sued by Messrs George Thomas and Co. for L2418s 2d, and by Messrs Levin and Co. for LBS 163. for goods supplied. Mr Jellicoe, who appeared for the defendant, said he had arranged with Messrs Bell, Gully and Izard, solicitors for the plaintiffs, that the cases should be adjourned until the bankruptcy petition, which also had been adjourned, was disposed of. Mr Martin, R.M., accordingly adjourned the cases sine die, on the understanding that they would be brought up on 24 hours' notice after the hearing of the bankruptcy petition. Mr J. C. Martin, R.M., presided at Friday's sitting of the Magistrate's Court. A female first offending inebriate was fined ss, with the usual alternative. Hermann Brown was charged with using obscene language in Haining street on the 26th April. His Worship adjourned the case until this morning to enable defendant to find a surety to keep the peace for six months. A woman named Lorah Hamilton was charged with having no visible lawful means of support. Mr Skerrett appeared for the defendant, and after hearing the evidence His Worship adjourned the case until this morning for consideration. A young man named Walter Jorgenson was summoned for assaulting Walter Dixon and Jas. Wilson, two members of the Salvation Army, in Taranajki street, on Monday last. Mr Jellicoe appeared for the plaintiffs and Mr Brown defended. The defendant was fined 10s, with costs, or 48 hours' imprisonment, in each case. A man named George Jones was summoned for neglecting to register the birth of a child, born in his house, within the prescribed period. It appeared that the father of the child was not known, and that the mother had since died, and as the Registrar could give no proof that the child had been born in the house, His Worship dismissed the case. Evidence was taken before Mr J, C. Martin, R.M., in the Magistrate's Court on Friday, in a civil case in which Mr W. Jones, of Christchurch, sued Messrs Wardell Bros , of Wellington, for LIS, the price of a quantity of eggs which were purchased by the plaintiff from the defendants, and which were alleged to be bad, and accordingly returned to the defendants. The remainder of the evidence will be heard at Christchurch. Mr Young (Bell, Gully and Izard) appeared for the plaintiff, and Mr Skerrett for the defendants. Mr J. C. Martin, R.M., presided at Saturday's sitting of the Magistrate's Court. Four first offending inebriates were fined ss. each, with the usual alternative ; and a line of 10s each, with the Option of 43 hours* imprison- j

ment,' was imposed on Robert Galway, Eugene Cary and Percy Purcell for similar offences. A woman named Annie Budd, alias Sanotone, #lso charged with drunkenness, wa» remanded for an examination to be_ made a» to her sanity, and another female inebriate, named Julia Barrett, a previous offender, was sent to gaol for seven days. John Angus, charged with attempting to commit suicide at Otaki on thelstinst., was convicted and discharged with a warning. A boy named Charles Neal was convicted of stealing an ulster from the shop of Susan Maguire, and was ordered to» be sent to an industrial school, and to be* brought up in the religion of the Church of % England. Hermann Brown, charged on remand with using obscene language, announced that Mr J. H. Heaton had offered to become his surety, and he was thereupon bound over in the sum of Ll to keep the peace for six months, and to pay 5s costs. Lorah Hamilton was brought up on remand, charged with having no lawful visible means of support. His Worship ordered her to leave the town within seven days or go to prison for three weeks,

At the Magistrate's Court on Monday morning, before Mr J. C. Martin, R.M., five first offending inebriates were fined ss, with the alternative of 24 hours* imprisonment, and for a similar offence, John Adams, a previous offender, was fined 40s, or seven days in default. Hy. Evans and John Bennett were charged with being drunk and disorderly in the public bar at the Bank Hotel on Saturday night, Bennett was discharged, and Evans was fined 10s, with the option of 48 hours' imprisonment, while Chas. Corbett, for obstructing Constable McCarthy in the execution of his duty on tho same occasion, was sentenced to seven days' hard labour. Patrick Collina wa9 fined 40s, or seven days in default, tor assaulting Jacob Frankel, secondhand dealer in Willis street, on Saturday evening. Annie Budd, charged with drunkenness, was again remanded for medical examination as to her sanity.

Mr J. C. Martin, R.M., gave judgment foir plaintiffs in the following civil cases at ths Magistrate's Court on Monday :—E, H. Little and Co. v J. H. Butler, L 7 15s Id, costs 14s ; South Pacific Loan Co. v S. R. Hodge, Lll 14s, costs L2 8s; Jenness and Co. vG. W. Morrison, L 7 15s 3d, costs lis; Davis and Clater v R. W. Shortt, L 3 6d, costs 6s; G. H. Thornton v E. Reed, L2 17s 6d, costs 7s ; A, Lilley v R. S. Campbell, L 3 10s, coats 6s; Bing, Harris and Co. v H. C. O'Leary, Llo> 6s, costs L2 83; same v A. J. McEwen, L3O 14s sd, costs L 3 13s; Bame 7 J. Hill, L 4 69 lid, costs 63 ; D.I.C. v W. Dennison, L 5, costs 15s ; same v F. W. Good, Lll 7s 4d, costs 16*. Defended cases :—A. B. Marsh v C. J. Pharazyn, claim L4los for certain parte of the Gallery of Contemporary Adjudgment for plaintiff for amount claimed, with L2 139 costs. Same v A. Young, L 8 14s, claim for parts of the same publication. Evidence was taken in this case at some length, the defence being that defendant had been induced to sign the agreement for the delivery of the books by misrepresentation, viz., that his biography would appear in the first number. His Worship, in giving judgment, said he had no doubft that, as the evidence stood, a deliberate fraud had been committed upon defendant to get him to sign the contract. He would, enter up a nonsuit with Ll 16s costs on the equity and good conscience clause ot the Resident Magistrate's Court Act. Mr Hall appeared for the plaintiff in both these cases, and Mr Quick for the defendant. Mary Ann Coulter v H. Bryant, Lll 9s 3d, judgment for amount claimed, with L2 Is coses. F. W. Hoffmann v Walter Hare, claim Ll 15s 6d, the price of an accordion, judgment for defendant with 8s costs.

.The Resident Magistrate had before him on Tuesday a case in which Dr Cahill was charged on a summons with failing to furnish a return of his income within the prescribed time. This is the first case under the Land and Income Tax Assessment Act of 1891 which has been before the Court, and Mir Gully, who appeared for the department,' stated that offenders under this section, of tha Act were liable to a minimum penalty of L 5, They were also liable to be charged treble tha income tax which they would otherwise have to pay, but the department did not wish to. enforce that penalty. Mr Skerrett, who appeared for the defendant, pleaded guilty t> and His Worship imposed a fine of L 5, with 7a costs.'

Mr J. C. Martin, R.M., had before him, in the Magistrate's Court on Tuesday, a case in which Samuel Hill and Thomas Hill were, charged with assaulting John Henry Green* wood on May 6, and also with committing wilful damage to complainant's property, on the same occasion, to the amount of L2 10s. Greenwood, who is a storekeeper, and for whom Mr Hall appeared, stated that the defendant Thomas Hill had owed him 7s 2d for some time. About a fortnight ago witness borrowed a gun from him, and on Saturday last Thomaß Hill came into the shop to ask him for it. Witness then asked the defendant for the 7s 2d, whereupon Hill commenced using bad language and struck him. He then went away, and after a long interval came back with Samuel Hill and some other men. Witness said he was considerably knocked about by defendants and the others, his clothes were torn, and a lot of goods in the shop were damaged. His Worship convicted and for the assault fined defendants 10s each, with 4s 6d costs each, together with Ll Is solicitor's fee, or in default 48 hours' hard labour. For the offence of wilful damage, they were each fined Is, ordered to pay the amount (L2 10s) between them, 4s costs each and Ll Is solicitor's fee, or in default to go to prison for 14 days.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZMAIL18930512.2.130

Bibliographic details

New Zealand Mail, Issue 1106, 12 May 1893, Page 39

Word Count
2,029

R.M. COURT. New Zealand Mail, Issue 1106, 12 May 1893, Page 39

R.M. COURT. New Zealand Mail, Issue 1106, 12 May 1893, Page 39