MAGISTRATE'S COURT.

New Zealand Mail, Issue 1289, 12 November 1896, Page 33

MAGISTRATE'S COURT.

At the Magistrate's Court yesterday week George Bausor and Alice Neill were charged with stealing an overcoat valved at £1 lis, and three pawn tickets. After hearing evidence, the man was sentenced to one month's imprisonment with hard labour, and the woman was discharged. Jessie Day was ordered to be imprisoned till 6 o'clock in the evening for using obscene language in Murphy street. Chief-Detective Campbell last week arrested a man named James Murray on board the Talune after her arrival from Sydney. Murray was arrested for picking pockets in Auckland on January 7th last, and, being admitted to bail, did not put in an appearance when his case came on. He cleared to Sydney, but returned last week, with the result stated. Accused, who had booked passage to Lyttelton, was brought before the Court next day, and remanded to Auckland. , There have been 1897 criminal cases listed in the City Lower Court since the commencement of the year. A lame person, apparently addicted to chasing folly as it flies, was last week convicted and discharged on a charge of drunkenness. A stalwart young sailor, also picked up in a muddled condition, was similarly dealt with. Brevity is not only desirable as applied to journalism, but also in regard to litigation. In the Lower Court last weey the Stipendiary Magistrate spoke in reference to the length of time taken over a very small case —four hours one day and the greater part of another. " Briefly state the question at issue " he said, after hearing voluminous evidence and argument, " and the Court will will decide." The case under review was then concluded in five minutes. Civil cases were determined as follows at Court last week by Mr Wardell, S.M. : Commercial Agency Co. v. E. Coleman, £1 10s, with coat 16s ; John Duthie and Co. v. C. P. Stewart, £9 2s 2d, costs £1 10s 6d ; H. McLaughlin v. A. Crossey, £5, costs 6\s ; Waters v. M. Higgins, £5 12i, costs 5s ; Wellington Loan Company v. J. A. Steadman, £U 0s Bd, costs £3 Is ; W. Wiggins v. B. Budden, £8 ss, costs 10s ; Whitcombe and Tombs v. C. C. Howard, £9 17s Gd, costs 7s ; same v. Thomas Gordon, £7 lis lid, costs 18s ; A. Paterson v. S. Sharpe, £3 0s Gd, on a judgment summons. To be paid in a fortnight, or 11 days' imprisonment. On Thursday last the Stipendiary Magistrate was asked to adjudicate in the case of the Dresden Piano Company against J. Preston. The latter, who lives at Gisborne, secured a piano on the time-payment system. Mr Parnell was the agent at Gisborne, a Mr Smith acting as a sort of sub-agent. Defendant got behind with his payments to Smith, and was sued for £l2 odd. The Piano Company, however, subsequently allowed him credit to the extent of half that amount. Judgment was then given for the remainder. But defendant denied liability, asserting that he had paid Smith, who had left Gisborne district. He had no receipts, but produced cheques. Yesterday, Mr Paterson, who appeared for the Company, said the latter had not received moneys alleged to have been paid, and the Court was now asked to define the position. For the defence, Mr Morison raised the question of sufficiency of particulars and the necessity for having certain documents relating to the case produced in Court. An adjournment was granted, with costs of the dajr to the defence. A claim for £4, or the return of a horse alleged to have been unlawfully seized by the Empire Loan and Discount Company, was adjusted last week. The plaintiff was Mrs E. H. O'Halloran, but her husband, Patrick O'Halloran, was added to the plamt in a similar capacity. From the evidence, which was rather lengthy, it appeared that O'Halloran had had dealings with the Company, which held a bill-of-sale over a trap, &c, he worked with. This he lost, but got possession again subsequently on the old terms, substituting another horse (tho subject of this action) and paying so much a week. The Company contended that there was a verbal arrangement that the animal should be security for money owing, and that, such being the case, they were entitled to seize when monetary conditions were not complied with. The Court held that there was no verbal agreement proved to justify the Beizure, and entered up judgment for the plaintiffs, but declined to grant costs. Mr Beere represented the plaintiffs, and Mr Hindmarsh the Company. Execution was stayed for 14 days to enable a counter claim to be filed.

A nominal fine of Is was on Friday imposed upon a man named John Bassett for leaving a hand-cart standing on Lambton quo/y the other day. Had that hand-cart been a bicycle the defendant would not, in all probability, have left it exposed so long as to attract attention.

The Society for the Prevention of Cruelty to Animals on Friday preceeded against a young man named Robert Needham for working a horse while lame about three weeks ago. Inspector Smith stated that the animal was

very lame, the hoof being badly cracked, matter oozing therefrom. Defendant said the horse was not lame when he left home on the day in question ; he certainly had been treating it for a cracked coronet, but it was not at all serious. Fined 5s and costs 7s, and solicitors fee .£1 Is. Another case of inharmonious domesticity, wife against husband, for support, was set down for hearing on Friday, but the complainant did not appear. Her other half did, though, attired in a dust-heap suit, and bearing the appearance of a penniless nomad. He had apparently settled matters out of Court, and, on telling the Bench with a bland smile that there was nothing between him and his wife that he knew of, was told to go about his business and take care that these alleged happy relations continued. The case of the New Zealand Farmers' Dairy Union v. J. S. Cundy, claim £l93s lOd, was again mentioned at Court on Friday, when Mr Wardell finally nonsuited plaintiffs on the point raised by Mr Beere for the defendant : That before evidence of the contents of notice of allotment could be given, notice to produce such notice of allotment must first bo given defendant. Costs to defendant were allowed, amounting to £2 18s. la. the case of the Dairy Union against William Francis, £2 15s, a nonsuit was also entered up, with costs -£2 18s, and this case controlled that of the Dairy Union against C. J. Birch. Mr Brown was granted leave to appeal in all three cases. Three children named Ellen Mary Chaney, Win. Gill Chaney and Catherine Chaney were recently taken charge of by the police for being neglected and living in a brothel. Their case was adjourned in order that the mother, who lives in Wellington, might make financial arrangements in regard to their proper control in future. She appeared before the Stipendiary Magistrate on Friday, when Ser-geant-Major Ramsay applied for an order of the Court. The Convent would not keep the two girls unless the amount of their maintenance was paid regularly. Mrs Chaney said she would pay 14s a week for them, and 73 Gd for tho boy (who was boarded out) until their father could be found. Mr Wardell decided to make an order under the Industrial Schools Act in respect to the girls, but allowed the woman to have control of her son so long as he was properly looked after. The Wellington Commercial Travellers and Warehousemen's Club Company on Friday sued W. G-. Emeny, of Wellington, builder, for .£25 18s. The claim was resisted, MiGray appearing for the Company, and Dr Findlay for the defence. Plaintiff's case was that Emeny agreed to erect their building in Hunter street for £1598 18s. The value of the extra work performed by him was £l2O 16s Id. Mr J. Charlesworth, architect, furnished defendant with copies of plans, &c, for which be (Charlesworth) was, according to the conditions, entitled to receive 1£ per cent, on the contract price. This sum had_ not been paid to the architect or to the plaintiff company, and suit was now brought for recovery. The defence was that the stipulation to pay the architect IV per cent, was not stated in the conditions when the contract was signed by defendant; therefore thero was no liability. Also that the charge, in any caso, was an improper one, and inconsistent with tho architect's professional position, inasmuch as he was taking commission fromboth sides —his employers and the tenderer. At 5 o'clock the further hearing was adjourned until next week. Four persons who had strayed from the paths of sobriety were dealt with by Mr E. Arnold, J.P., on Monday. Three were discharged, and a fourth,,George W. Jackson, was fined 40s or seven days. A man named Freeman Piercy stepped into Court on crutches on Monday to answer four charges of embezzlement, dating from January last. A warrant was issued for his

arrest in August, but on the day of issue ha broke his leg and was taken to the Hospital, where he has been ever since. He was remanded until next day.