MAGISTRATE'S COURT.

New Zealand Mail, Issue 1199, 22 February 1895, Page 29

MAGISTRATE'S COURT.

I The town clerk of Marton, Mr F. C. Wilson, was charged before Mr Brabant. S.M., last week with a breach of the Act regulating borough council elections, This was a case arising out of the Marton Mayoral election. One of the candidates, Mr J. F. Sicely, appointed as his scrutineer Mr Wright Harrison, but the latter's declaration, it was alleged, was refused by Mr Wilson, who was the returning officer, and against whom this information was thereupon laid. Mr Brabant dismissed the case, each party paying his own costs. Several drunkards appeared before Mr Martin, S.M., yesterday weak. Five were first offenders and were dealt with as I such, and David Jobes, who had been drunk and disorderly on the s.s. Banffshire, was sentenced to seven days' hard labour. Louis Anderson, charged with using obscene language in Haining street and with obstructing Constable Cassells in the execution of his duty, was, at his own request, remanded until next morning. A young man named Axel Nillson, for whom Mr Poynton appeared, was remanded until next morning on a charge of stealing a watch, the property of John Ross, bail being fixed at one surety of .£lO. James Woods and Kate Smith, who had been found sleeping out, were charged with vagrancy. Woods was discharged, and Smith, who had not been before the Court for over two years, was convicted and discharged. J. S. Guilford pleaded not guilty to a charge of attempting to commit suicide. The evidence showed that accused, who had been drinking, took some oxalc acid in mistake for Epsom salts. He was discharged. Paul Koch was charged with drunkenness, and also with assaulting on the Aswanley James Stonefcouse, whose nose he had badly cut with a chisel. Accused said he struck the blow in selfdefence. A telegram sent by the chiefofficer from Lyttelton, who had been telegraphed to at accused's request, said that he ,was engaged on some other work when he heard words between the parties, and > turning round saw accused strike the boat- ; swain with a chisel. His Worship adjourned the case until next morning for further ; evidence, ,

Mr Martin, S.M., entered up judgments for plaintiffs in the following civil cases at the Magistrate's Court last week:—E. W. Mills and Co. v. F. Fulton, ,£l3 4s 4d, costs .£1; FJockton and Co. v. V. Hooper, .£1 17s Bd, costs 6s ; R. Stains v. T. Ayton, .£l4 15s 2d, costs £1 15s 6d; Cook and Laing v. T. Redwood, £6 12s Id, costs 28s 6d; same v. A. Antoine, £2 Ss 4d, costs lis : Crawford Bros. v. W. H. Dobson, ,£1 9s 3d, costs 6s. Judgment summons : Wellington Loan Co. v. T. Laurence, claim <£7 16s 7d, judgment varied, order made for payment of 5s per week; G. Ross v. A. H. Kumeroa, defendant to pay .£l7 17s 2d forthwith, or to undergo six weeks' imprisonment, order to be suspended for two months ; M. Cross v. J. Weston, defendant to pay .£1 16s at the rate of 5s a fortnight; J. Rogers v. A. Fernandez, defendant to pay ,£5 6s at the rate of Is per week ; G. Harrison v. W. Grant, defendant to pay £3 16s 6d forthwith, or to undergo 10 days" imprisonment; Clifford and others v. Cook and Gray, claim £7 16s Id for wages, judgment for plaintiffs for amount claimed with £1 16s costs. Mr Paterson appeared for plaintiffs and Mr Tripp for defendant. Messrs C. A. Baker and W. .Hildreth, Justices, sat in the Magistrate's Court os Friday afternoon to deal with two cases of

theft. Henry Walters, for whom Mr Poynton appeared, was charged with stealing a cashbox containing ,£ls and somt* papers, the property of J. R. Morgan, and also with stealing a ham, value 4s, the property of Messrs Dimock and Co., Waterloo quay. Accused was employed as nightwatchman for Messrs Dimock, in whose building the offices of Mr Morgan are situated, and it is supposed that the latter's office was entered some time between Saturday night and Monday morning. The ham was found under the pillow on accused's bed, but the cashbox and contents have not yet been recovered. The Bench sentenced Walters to three months' hard labour for stealing the ham, and committed him for trial on the other charge.' A young man named Axel Nillson, employed at Barrett's Hotel, was charged with stealing a watch, value <£s, the property of John Ross. Mr Poynton appeared for the accused. The watch was pawned for 10s by accused, who stated that it was given him by Ross. The Bench ordered him to pay 10s to Ross, and bound him over in his own bond of .£5 to come up for sentence when called upon. Mr Moynihan, on behalf of Mrs Moynihan, licensee of Barrett's Hotel, said he was willing to take the accused back into his service. The fireman Paul Koch came before Mr Martin, S.M., on Friday on remand on charges of drunkenness and assaulting the boatswain of the s.s. Aswanley by strikinohim on the nose with a chisel. He was fined 5s for drunkenness, with the usual alternative, and for the assault he was sentenced to two months' hard labour. Louis Anderson, for whom Mr Haselden appeared, was charged with using obscene language in Haining street and obstructing Constable Cassells in the execution of

his duty. He was bound over in a bond of .£ls to come up for sentence when called upon. At the Magistrate's Court on Saturday, before Mr Martin, S.M., a man named Alexander Johnston was sent to gaol for 14 days for stealing a dress, the property of Mrs Heavey, the previous evening. Maggie Rogers was charged with having used insulting language to Hamilton Gallihawk, from whom she was divorced some time since. She was bound over in the sum of ,£lO to keep the peace for three months. A

charge against Gallihawk of failing to provide his child with adequate means of support was dismissed. Anthony Gordon was sentenced to 12 hours' imprisonment for having used obscene language outside the Post Office.

Sitting in civil jurisdiction on Tuesday Mr Martin, S.M., entered up judgment for . plaintiffs in the following cases.—T. Tj. Churchward v. T. J. C. Gurr, .£5 5s 9dj i | costs £1 5s 6d; Cook and Gray v. C. Carmont, £2 4s 9d, costs lis; same v. A. Carmont, .£4 Os sd, costs 16s; Dodgshun and J Co. v. J. H. Patterson, .£24 Os 7d, costs £2 lis ; same v. W. Downie, £1 9s 6d, cost a 6s ; J. Priest v. G. Barrett, .£4 6s, costs lis ; J. King v. G. Beck, <£2 ss, costs lis; Cook and Gray v. T. Bills, .£1 3s, costs 6s ; same v. G. and F. Coyle, ,£3 8s 3d, costs lis ; same v. P. O'Connell, «£lO 18s 4ti, costs £2 Os 6d ; Odell and Laimv. W. A. Shanly, £2 14s 9d, costs list Defended cases—J. P. Jorgensen v. G, D. Hewitt, claim .£l9 7s lOd, plaintiff noi> suited without costs. Mr Tripp appeared for plaintiff, and Mr Gray for defendant. H. Krause v. J. Smith, claim 10s, plaintiff nonsuited. A. E. Kirk v. W. Boocock, claim £2 17s and possession of tenement. Judgment for defendant with ,£1 Is costs. Mr Skerrett for plaintiff, Mr Haselden for defendant. M. Kennedy v. G. Boss, claim .£27 19s. Judgment for plaintiff for amount , claimed, with £4 8s costs. Mr Wilford for plaintiff, and Mr Skerrett for defendant. At the Magistrate's Court on Monday, before Mr Martin, S.M., five first offending drunkards were dealt with in the usual manner, and John Knox Purves, an old offender, was fined 40s, or aeven days' imprisonment in default. Andrew Spittal and George Adams weie fined 20s each for having been drunk while in charge of horses, the alternative in each case*beinsr four days in gaol. Henry Phillips was sent to gaol for seven days for having used obscene language in Thorndon quay A charge of drunkenness against him was d lS missed George Powley pleaded guilty to the theft of £1 and a blanket? the property of Arthur W. Scoullar, with whom he had been living. He was remanded for a week for the Probation Officer's report. Herbert Chamngs was remanded to Blenarge ° f « tealin S an order for" .£3 Os 2d, the property of Wm. Johnston. An elderly man named John Conroy waa ordered to pay l 2s a week towards the support of his wife and two children. Judgment was given for plaintiff by Mr Martin, S.M., m the following civil casea ' ftt the Magistrate's Cgurfc on. Monday .£

Jameson Bros. v. E. Lawronco, 13s Bd, costs i 7s; same v. G. B. Phelps, 10s 4d, costs 6s. Judgment stimonsos—E. Scott v. SorgoantMajor Lawrence, defendant ordered to pay .£1 5s forthwith, or to go to prison for five days; P. Burke v. W. Bott, defendant ordered to pay £7 7s lOd forthwith, or go to prison for 21 days. A charge of Sunday trading, brought by the police against Jeremiah O'Neill, licensee of the White Swan Hotel, Cuba street, was investigated by Mr Martin, S.M>» on Monday. Mr Skerrett appeared for the accused. The evidence for the prosecution was that about 2 o'clock on the afternoon of Sunday, tho 10th inst., Constables McCarthy I and J. Foley went into tho hotel and found the slide of the bar up, the landlord inside the bar, and a man named Clark, who , has since disappeared, drinking beer Inside; They wei«e told that Clark was a boarder, as he had slept there the provious I night and had had his breakfast and dinner there. Philip Baoron, tho owner of the Colonial Restaurant, deposed that this man Clark was a boardor with him, and slept there on tho night of Saturday, the 9th, and had his breakfast and t dinner at the restaurant on tho Sunday. The waitress at tho restaurant, however, deposed that the man did not sleep there on the Saturday night, and the last meal he had there was breakfast on Sunday. Mr Skerrett said tho defendant did not deny the sale of the liquor, but ho contended that the prosecution had not, as they had to do, proved that Clark was not a person to whom liquor could bo legitimately served. He cited several cases to show that tho onus of proof rested with the prosecution, and contended that as they had riot proved ho was not a bona fide traveller the case must be dismissed. His Worship overruled tho objection, and said he should have to impose a fine, but as ib was a very serious matter to tho licensee, he did not want to endorse tho license if ho could possibly avoid doing so. Ho would hoar what Mr Skerrett had to say on that point on Friday next. Thero was a light charge sheet at tho Magistrate's Court on Tuesday. Goorgo Kohn, charged with tho, theft of four overcoats from tho b.s. Monowai, was remanded for eight days for tho attendance .of witnesses. Maurice Palmer, charged with indecency, was remanded until Friday on tho application of Mr Richmond, bail being fixed at one surety of J3lO. Edgar Flem- • ing was convicted of plying for hire at tho Government Railway Station, and ordered to pay 9s costs. Three youngsters, named William Maslem, Henry Maslom and William Kebbell, were convicted of stealing a quantity of load, the property of Messrs Carmichael and Son, and-wore discharged with a caution. A first-offending drunkard was fined tho usual amount. A cabman named Thomas Shaffray was charged in the Magistrate's Court Tuesday with that he, being a person hold on bail for an indictable offence, is about to abBcond for the purpose of evading justice. Tho information was laid at the instance of Mrs Somervilie, one of Shaft'ray's sureties. The Stipendiary Magistrate did not consider the charge was proved, and dismissed the case. V

Tho charges against the youth Charles Gordon Faithfull, Kong Wort Sam and Joe Way of stealing goods from F. F. Hawbe's warehouse In Harris street woro investigated before Mr Martin, S.M., in tho Magistrate's Court on Monday. The first case takon was ono against Faithfull and Kong Wort Sam of having goods, valued ftt JK>3 t

Mr J. P. Campbell appeared for Faithfull, and Mr Skerrett for the Chinaman. Ernest F. Hawko, examined by Inspector Pender, said ho was Wellington agent for the Phconix Company (Limited), of Dunodin. Ho took Faithfull into his employ about six months ago. Ho had authority to let goods go out of tho promises, and was supposed to tako a rocoipt and make entries in the rough order book. He stopped Kong Wort Sam's credit about six months ago. Faithfull was aware of his having done so. Faithfull never told him he had been selling goods to these men, and when he spoko to him ho said he had delivered goods to the Chinaman, and ho further said ho had made an entry in the books. On being askod to point out tho entry ho showed him an entry which was formerly in the name of F. Horn. The name of Horn had boon erased, and tho name of Kong Wort Sam had been substituted. Faithfull admitted having altered tho entry, and also said ho had supplied Kong Wort Sam and Joe Way with goods during witnoss' lunch hour. He went with Faithfull to the Police Station, where aecusod wrote out a statomont. Mr Campbell objected to the statement being put in as evidence, on the ground that witnoss had told Faithfull he would do his boat to have the affair hushed up if ho would toll tho truth. His Worship agreed with Mr Campbell's contention, and refused to admit tho statomont in evidence. In answer to Mr Campbell, witnoss denied that he was frequently absent tho whole of tho forenoon. It was not true that on somo days he was only on tho promises for about an hour. Ho was in and out ail times of tho day. Chief Detective Campbell deposed that accused Kong Wort Sam told him tho goods seined in his promisos came from tho Phoenix Company—from Mr Hawko. When questioned by Hawko accused said he got tho goods from Hawko's boy, but had paid him ho money at all. Joseph Webb, carrier, statod that he had been employed by accused. Kong Wort Sam to tako goods from the Phconix Company's store. Kong Wort Sam engaged him to tako somo biscuits, lollies, &c, from his shop in Adolaido road to Yung Leo's place in Tory street. To Mr Skerrett: Tiioro was nothing suspicious about tho transaction to his mind.

George Gooch, expressman, stated that at the beginning of January ho was engaged by Faithf all to take some goods from Hawko's warohouso to Kong Wort Sam's shop in the Adolaido road. Yung Leo, grocer, &c, Tory street, stated that about a fortnight ago Kong Wort Sam gave him some goods in dischargo of a debt. They were the same goods which woro seized in his house by the police on the 9th inst. Frederick Wm. Boalo, stop-fathor of tho accused Faithf all, also gave ovidonce. Both accused woro committed for trial. Tho case in which tho boy Charles Cordon Faithf nil and tho Chinaman Joo Way are charged with stealing goods from G. F. Hawko's warehouse was hoard before Mr Martin, S.M., on Tuesday morning. The ovidonce was to tho same effect as in tho previous eiiao against the boy and Kong Wort Sain, besides which an expressman named Love deposed that at tho request of Faithful! ho carried goods from tho warehouse to tho Chinaman's shop. Faithful! told him to be smart about tho job, and to bo suro and covor up tho goods. Moth tho accused wore committed for trial, tho same bail being allowed as before.