MAGISTRATE’S COURT.

New Zealand Mail, Issue 1315, 13 May 1897, Page 33

MAGISTRATE’S COURT.

In the civil case in which Bridget Campbell sued James Howard for £27, amount of damages done to a half-deck cd boat named the Dewdrop, Mr Kenny, S.M., held that the defendant had done all in his power to save the boat when she was driven on the rocks at Ward Island, and gave judgment for the defendant, with costs, amounting to £2 4s. “ Mr Jellicoe appeared for the defendant, and Dr Findlay for the plaintiff. An information laid by the Inspector of Fisheries against Andrew Paris, of Paremata, fisherman, for having sold fish less in weight and size than was prescribed by law, was gone into at the Magistrate's Court last week by MrH. Eyre Kenny, S.M. The Inspector said that he found the fish complained of in a cart owned by a fish-hawker at Palmerston North named Vidal, who told him that they were supplied by Paris. In answer to a question by Mr Wilford, Vidal stated that a man named McKenzie had forwarded the fish to him. Mr Kenny then dismissed the information against Paris, but in the meantime Mr Myers, who appeared for the Inspector, had laid an informatfon against Vidal for having undersized fish in his possession. Mr Kenny fined Vidal £1 with £1 8s costs. Mr H. Eyre Kenny, S.M., entered up judgment for plaintiffs in the following civil oases at the Magistrate’s Court on .Thursday : —H. J. Rodgers v. Andrew Suttie, £lO 15s 10d, costs £1 ; Cook and Gray (trustees in J. E. Potter’s estate) v. Edward Nixon, £1 7s 6d, costs 6s ; Wellington City Corporation v. J. Hunt, £5 3s 7d, costs 15s ; Wardell Bros. v. E. Cittadini, £4 19s Id, costs £1 8s 6d ; D.I.C. v. T. Herbert, £4B 6s 9d, costs £3 Is ; A. G. Taine v. D. King, £5 19s 6d, costs 10s ; Mrs M. W. Rose v. Mrs E. E. Campion and E. J. Campion, judgment as regards Mrs Campion (against her separate estate), £ll 10s, costs £2 Os 6d ; Wellington. Trust * Loan and- Investment Company -v. Mere Ruiha Hakaraia and Hakaraia Te Whena, £22 17s 9d, costs £2 18s ; Kirkoaldie and Stains v. H. R Power, £5 18s 6d, costs 10s ; same v. G. Cooper, £S 6s 9d, costs 10s ; same v. J. P. Campbell (Uullensvillo), £2 19s, costs 9s ; Taine and Co. v. R, Kearney, £l3 13s 6d, costs 18s ; H. J. Rodgers v. W. M. Hare, 17s 9d, costs 4s 9d ; A. Moran and Co. v. J. Hannabel, 19s lOd, costs 7s ; G. Bradley v. G. Roberts, IPs 96, costs 6s; H. 70 J use iv. IT. Kt«vo*:::.nx, £l l ls sd, costs 6s ; Wellington City Corpovsilion v. 10. B tan den, £ > Ms •{• l.

Judgment summonses Warded Bros. v. Jos. Cw indale. Defendant to pay .£0 2s forthwith, or in default six days in goal. Commercial Agency v. A. Wilton. Defendant ordered to pay JS l Ids 3d, or in default threo days in prison. Johanna Flock ton v. J. Batchelor.. Defendant ordered to pay £7 Is (id by instalments of 10s per week. James Dickson v. A. Mitchell, claim £2 Is 2d. Defendant ordered to pay the amount forthwith, or go to prison for threo days. Defended cases: James Barry v. Alexander MeDougall (manager of the ffreymouth - Point Elizabeth Coal Company), claim <£loo. The statement of claim set out that in 1894 the defendant, representing an English syndicate or company, owning certain coal mining property in the South Island, employed the plaintiff as a manager to conduct the affairs of the syndicate at a Salary of £ 10J per year; and that the plantiff carried on the affairs of the syndicate for a long time, and claimed that the defendant is indebted to him for money payable for work done at his request, .alter the plaintiff had been heard,'Mr H. D. Bell, who appeared for the defendant, said the company was willing to pay Barry .£SO for services rendered'by him, though the work done was in his own interest as well as the Point Elizabeth Company, considering he was one of the directors of the old company before it was taken over by the syndicate. Mr Kenny, S.M., hold that the plaintiff had not made out a case. He should have shown that he was employed

only as a servant and not as an interested party.- This he had failed to do.. Plaintiff was fionsuited, with costs amounting to £5. Mr W. H. Quick, who appeared for the plaintiff, intimated that ho Would appeal. Waddell, McLeod and Weir V. John Martiflj claim £3 13s 3d, material supplied for' repairs to the i launch “Moss Rose.” Mr Doan for the plaintiffs, and Mr Skerrett for the defendant. Alter 1 hearing evidence the plaintiffs were nonsuited, with costs amounting to £2 17s The Maltose Borough Council toon proceedings against Robert Ayers and Vv. Barber on Friday in the Magistrate 8 Court for allowing their oattle to stray. Two charges against each were laid, and the former was fined -s's and costs, and the j latter 103 and costs on each charge. 1 At the same sitting of the Court Joseph , Kenny was fined 10s and costs for txaVolLugf bn the Government Railway between Wellington and Te Aro without paying his fare. John Laiirenee Engel was remanded to appear at Mastertoil oil Monday on a charge of stealing £9 4s, the property of Wm. A. Livertdn, of Blairlogie. The man Wm. Ayres, who attempted to commit suicide by taking a solution of match heads* and who had been on remand for medical treatment* was brought up and discharged. At the Magistrate’s Court on Friday, Richard M. Harwood appeared, on remand, to answer a charge of forging two orders for b«ard and lodging, purporting to be signed by Mr Harold Beauchamp. Evidence was given by William Heaney, a second-hand dealer, who stated that the accused lodged at his house for a short time, and when asked for payment presented two orders for 5s each, which bore the signature of Mr Beau--champ. When the orders wore presented for payment they were not acknowledged. Mr Beauchamp was called, and said that accused worked for a neighbour of his. One time he gave accused fin order for board and lodging at Bodley’s Private Hotel, but had not given either of the orders produced.. The handwriting was not liko his. Mr Kenny, S.M., committed accused for trial, bail being allowed the accused in his own surety of £39 and two of £ls each. A case of some interest was heard before Mr H. Eyre Kenny, S.M., on Friday, in which L>. Russell, of Pollard’s Opera Company, sued Jane Ormsbee, licensee of the Oriental Hotel, for £36. The statement of claim .showed that about the month of July, 1895, Russell sent a letter by Miss May Beatty to be left with the defendant at the hotel. The letter was addressed to H.. Humming, c/o Luke’s Foundry, and contained £6 and a pawn ticket for a fluto. Cumming called for the letter, but was informed tbat it had not been delivered. In consequence of the defendant’s negligence in not delivering the letter the flute was sold by the pawnbroker, and the plaintiff had been deprived of its use. Ho claimed £6 the amount of money in the letter, and £3O damages. Mr Skerrett appeared for the plaintiff, and Mr Wilford for the defendant. Evidence was given showing that the letter had been delivered to one Marks, manager for Mrs Ormsbee, but hau not been delivered to Cumming, but bad been kept for a number of months and had since been lost. Mr Wilford sold, that he would ask for a nonsuit, and maintained that ordinary care had been taken of the letter. The letter had not been personally received by the defendant, and she was not consulted whether it was to be receiyed or not. M r Skerrett argued that the evidence showed that Mrs Ormsbee acquiesced in her servant keeping the letter, for when Marks received the letter he informed her of the fact, and was told to keep it. Mrs Ormsbee was a gratuitous bailee, and was bound to deliver up tho letter or to make provision for its safe delivery. ATr Kenny said he was satisfied that gratuitous bailment had been proved, but there was no negligence on the part of the defendant, as she took every reasonable precaution for the safe keeping of the letter by keeping it in a locked desk, tshe did everythin? - required of her, and he would nonsuit the plaintiff, with costs amounting to £5 Bs. Before Mr H. Eyre Kenny, S.M., on Monday, Frederick Lahout, an Assyrian, was charged, on remand, with having attempted to break and enter the premises of George Zaloom. After hearing evidence, he was discharged. John Dalton, arrested on the previous night on the charge of having stolen £7O and other articles, the property of Henry Thompson, was remanded till the 14th inst. Bail was allowed the accused in his own surety of £IOO and two sureties of £SO each. At the Magistrate’s Court on Monday George Gardiner, for being drunk and disorderly on the Government Railway Station, Thorndon, was fined 10s, or in default 48. hours’ imprisonment. Thomas Jones, who has five previous convictions against him for theft, was sentenced to one month in gaol with hard labour for stealing a pair of trousers valued 7s lid, the property of Bettie and Kenning. Joseph Austin' and Wm. Kilminster, who were injudioious enough to ride on the top or a loaded eart, were fined Is each and 7s costs. Andrew Moran and James Lowe, for having unregistered dogs in their possession were fined 5s and 7s costs each. Walter Monkhouse, on a similar charge, Wj.s fined Is. & cabman named H. Brown was fined Is tor driving a licensed vehicle without being himself licensed. 0 Auckland, May 8. Archibald McKee was arrested this morning by Constable Bailey on a o!e.;r\re ot bavaig. on tin; 2b;!. of -Li'y Ins!, at ly rub.!, a( templed 10 mui-dcr i lie jo -t.master, Mr Thus. Edward Clough. Tho circumstances of this case aie somewhat peculiar. The accused was previously arrested on this charge, and was committed to the Lunatic Asylum, where lie remained until quite recently, when lie was set at liberty. He was then re-arrested on the same charge, which was heard by Mr Nortliorofb, S.M., and dismissed. McKee lias to-day been arrested on tho same charge. The defence set up at the time was that McKee was not i - esponsible foi his actions, and on this ground he was committed to the asylum.