MAGISTRATE’S COURT.

New Zealand Mail, Issue 1354, 10 February 1898, Page 29

MAGISTRATE’S COURT.

A young man named George King, who is awaiting trial at the Supreme Court in connection with the Wh tehail burglary, pleaded guilty at the Magistrate’s Court last week, to the theft of a quantity of carpenters’ tools, the property of Twist Bros., and was sentenced to six months’ imprisonment. At the Magistrate’s Court last week, before Mr H. Kyre Kenny, S.M., a vagrant named Carl Jacobsen was sentenced to three months’ imprisonment. A charge against Alexander Fraser, for desertion froqi the s.B. Star of Victoria, was withdrawn, on the application of the police, the' vessel having left port. At the Magistrate’s Court on Thursday a civil action was heard by Mr Kenny of some interest to contractors, the Commercial Agency suing John Hunter for £ls 6s 6d. Mr Young for plaintiffs and Mr Skerrett for defendant. It appeared that at the time some additions were made to the D.I.C. building, for which Hunter was the contractor, the latter obtained quotations for the necessary plumbing work, and as Jenkins and Mack gave the lowest tender they proceeded with the labour. By the specifications, however, according to defendant, it was provided that the erection of lead lights and some other minor arrangements should be done by the plumbers, but as these items were not mentioned under other headings than “plumbers’ work” the successful tenderers refused to do them, alleging that they had not been requested to include them in the quotation. The work was accordingly done by another firm, the builder deducting the amounts paid the former out of the sum due to Jenkins and Mack. After hearing > number of expert witnesses’ testimony as to the custom usually pursued when tendering for plumbing work, Mr Kenny said, after re-

viewing the agreement, that there was no doubt Hunter had drawn Mack’s attention to two of the items (lead lights and brass rail). He had doubt, however, as to whether he had . done so in the case of a door, and thought judgment must go for plaintiff on that item only, namely, £3 4s, bat they Could not recover any other part. Costs were allowed amounting to <B3 19a 6d. Judgment was given for plaintiff in the following cases by Mr Kenny, S.M., on Thursday : —Mercantile Association v. John Bailer, claim £5, costs £1 Is 6d ; Ed. Reeves v. Wm. May, 11s Bd, costs £1 Is 6d; Mrs A. Dwyer v. W. Watson, .£l2 4s, costs <62 6s. The Commercial Agency secured judgment against Peters and Co. for <63 19s 9d, costs <Bl 8a; John Macaulay, <6B 10a, costs <6l 5s 6d ; W. Pauling, <64 5s 3d, coats 11s; W. J. Lambert, <62, costs 11s ; G. F. Richardson, <6lB 19s Id, costs <6l 15s 6d; James Gough, <B3 12s 9d, costs 11s; G. P. Richardson, <B6 8s 6d, costs £1 5s fid ; 0. Bowden, <Bl9 17a lid, costs <Bl 16s fid; H. Hewson, <6l 15s 3d, costs 6s.

In apprehending the man George King, who is at present serving Bix months’ imprisonment for theft and awaiting trial at the Supreme Court on several charges of breaking and entering, the police have apparently secured a man whose presence in the community could only be regarded as a decided menace to householders. The oases against the accused heard by the Stipendiary Magistrate on Friday had been entrusted to Detectives Broberg and Nixon, and these two officers discharged their duties with an intelligence and skill for which they deserve a compliment. An application was made at the Magistrate’s Court on Friday for tha variation of an order made by Mr Kenny against a messenger in the Buildings for the payment of certain sums towards his family’s support. His Worship, wh* considered that it would be most improper to compel the children to live with the father (as the latter proposed), he being a person ot‘ very dissolute habits, refused to make aa alteration, giving judgment against the complainant with costs.

On Saturday morning, at the Magistrate’s Coth> in Hastings, before Mr A. L. D. J.P., Alfred La Vavasour Dnrell Fraser, contested the Hawke’s Bay Beat against Captain Russell at the last eleotion,’ was charged with permitting his cow to wander, without proper guidance or control, on the publio thoroughfare. His Worship regretted seeing the accused, whose relatioi.s he knew to be most respectable people, id such a painful position. As it was the first offence of this description recorded against him, His Worship took a lenient view of the case, and, notwithstanding that the police pressed for a penalty, convicted and discharged himself with a severe reprimand.— Standard.

Mr Hildreth, J.P., presided at a sitting of the Mount Cook Police Court on Monday morning. Two first offenders were fined 5 a for drunkenness, and Hannah Morris, an oil’ offender, was fined 40s, or in default seven days’ imprisonment, for a similar offence. Judgment for <69 10a was given by t v e Stipendiary Magistrate in an aotion brought by John Wilson against his brother Charles for recovery 0f<619, being an amount of wages due. The dispute was in connection with art engagement as express driver, and after hearing a large amount of more or less unsatisfactory evidence, His Worship, in equity and good conscience, awarded the amount mentioned. Mr Wilford appeared for plaintiff, and Mr Skerrett for the other side.

Judgment was given for plaintiff in the following civil cases at the Magistrate’s Court on Tuesday: M. J. Browne v. N. Lenzini, claim .£4 2s, costs Its; W. Wiggins v. Henry Trainor, 15s, costa 6s; Thomas Ward v. Tio Tipene, £6 8s lid, costß ill 13s 6d ; A. Levy v. M. Noonan, £3, costs 6s; Leah Harris v. P. R. Young, .£l3 13s Gd, costs ill 15s 6d ; Charles P. Perrett, £3, costs 6s ; Ross and Glendining v. Drummond and Haye, .£2O 15s 2d, costa £3; Mercantile Association v. William Barry, £4 14s 61, costs 11s ; Joseph Zachariah v. Robert Simmis, £5 10s, cost 10s ; L. W. Ludwig v. C. W. £3 Os 6d, costs 6s; same v. Mary King, £2, costs 6s ; R. H. Williams v. Louis Tegner, £3 15s, costs 11s ; Trustees Pacific Lodge v. Harry Perrot, £4 9a, costs 13<. Judgment summons : —Empire LoanCompa' y v. Albert Peters, claim £5 19s 4d ; order for immediate payment, in default seven days’ imprisonment. Friday, February 4th. ! (Before Mr H. JEyre Kenny, S.M.) One first offender was fined ss, Annie Johnston ordered to pay a similar amount, and George Kelso and Annie Dickson were each mulcted in 10s. Joseph Dickson, charged with using obscene language and assaulting Constable O’Connell was remanded till the 7th insfc. A NEGLECTED CHILD. A child named Annie Guilfoyle, 13 years of age, whose mother was unfit to be entrusted with her charge, was committed to St. Mary’s Industrial School. , ALLEGED ASSAULT. George Priest was proceeded against by Harry Fisher for having committed an unprovoked assault, the defendant being represented by Mr Hislop. The further hearing of the case was adjourned to enable witnesses to be subpoenaed on plaintiff’s behalf, His Worship expressing dissatisfaction at the defendant’s evidence. STREET LOITERING. Philip Nathan, a bookmaker, denied , having loitered in Willis street near the Empire Hotel, on the 26th of January, c thus obstructing pedestrians. The evidence of Constables Cameron and Jackson, was taken, but as there was an apparent discrepancy in their testimony the charge was , dismissed without Mr Skerrett being called on for a defence. Robert Paterson was similarly charged. The policemen who had appeared in the case against Nathan stated that Paterson had caused an obstruction on three different occasions by standing on the sidowalk talking to people. He had been warned twice on the occasion in question, but without effect. For the defence the defendant deposed that it was necessary for the proper conduct of his business that he should be in the locality in question at frequent periods of the day. He denied having been cautioned against committing a breach of the by-laws, and had no recollection of stopping to talk with people for any inordinate length of on the 26bh. In giving judgment, Bia

"Worship said that' if defendant had loitered in such a manner as to create an obstruction there was no doubt he had improperly loitered. This class of obstruction /was well known to be a perfect nuisance, and the difficulty of obtaining a conviction being very great would be one reason for inflicting a sharp fine. Accused would have to pay a fine of 403 and costs. Mr Skerrett also appeared in this case. A FIRE-RAISER. A boy named Stannard admitted setting fire to a quantity of scrub at Johnsonville, but “did not think he was doing any harm.” Mr Kenny severely lectured the culprit on his outrageous conduct, saying it was intolerable that people should have ' their property wantonly destroyed by a pack of destructive brats. He would inflict a fine of 20s and costs, in default a week’s imprisonment. LARCENY. Thomas Bourke pleaded not guilty to having stolen a quantity of rope, valued at £2, from the Union Steam Ship Company. It was elicited that Bourke admitted the offence when arrested by Constable O’Connell. Accused had never obtained permission from the Company to remove the rope, the greater part of which had been condemned by the steamers as unfit for use. It would, however, be utilised for making up into fenders on the hulks. M!r Skerrett, on behalf of accused, submitted that, although an irregularity had been committed, there had been no conscious theft. He had been in the service of the Union Company for 20 years, during which time he had borne an excellent character. His Worship, taking into consideration the fact that the value of the property was small and that the man had never been before the Court previously, thought a fine would meet the case, and ordered payment of £4, 5s with 15s costs, in default one month’s imprisonment.

BREAKING AND ENTERING. A number of charges of theft were preferred against a man named George Robert King, who is at present serving a sentence of six months’ imprisonment for the larceny of tools, and is awaiting trial in connection with the Whitehall burglary. The accused, who, had been apprehended by Detective Broberg, and was unrepresented by counsel, was charged with breaking and entering the shop of Wm. Lightfoot, Cuba street,'and stealing boots of the value of £4, IQs Id; with freaking and entering the shop of H. D. Edwards, Manners street, and stealing boats to the value of £2 2s, and also with breaking and entering the premises of Chow Gin and appropriating money-and clothing to the value of £2 3s 6d. After hearing evidence at considerable length the accused was committed for trial at the next sessions of the Supreme Court. , A further charge of stealing a watch and chain, valued £6, from the person of John Crotty, was also made. The watch, which had been found by the police in the possession of a woman named Mary Weaver, was identified by Crotty as his, but as the woman faiied to recognise the prisoner in Court as the man who had disposed of the property to her, the charge was dismissed. EALSE PRETENCES. James McLaren alias McLean, charged on two informations with obtaining furniture and other goods from J. A. Sloan to the value of £l6los, was remanded until the 7thinst. MAINTENANCE. Valentine Clarkson, for failing to pay the sum of 2s 6d per week towards the maintenance of his mother, was sentenced to a month’s imprisonment. In the adjourned case of Gjertsen v. Gjertsen, the wife’s petition for a judicial . separation on the grounds of cruelty and neglect, a witness called by the complainant stated that she knew nothing y whatever about the affair, and as a report obtained by the Bench from the police contradicted the statements made in support of the application, the request was disallowed. Monday, February 7th. (Before Mr H. Eyre Kenny, S.M.) DRUNKENNESS. One first offender was convicted and discharged, James Holmes fined 5s or 24 hours’ imprisonment, and George Jackson, an habitual offender, sentenced to 14 days’ imprisonment. Mary Valadore and Arthur Currie were remanded for a week to receive medical attendance. ALLEGED THEFT. Two charges of theft were preferred against James McLean, it being alleged that he had obtained certain articles of furniture from John, and Ellen Sloane by false pretences. After hearing evidence the case was dismissed. Mr Wilford appeared for the defendent, and Mr Andrews for the prosecution. Ernest Doreen and Albert Mitchell were charged with having stolen four tins of fat, the property of John Douglas. The former was ordeied to come up for sentence when called upon, and the latter to receive six strokes with a birch rod. STONE-THROWING. A boy named Albert Andrews admitted having thrown stones on the house of Mr Johnston, in Parliament street, causing thereby both damage and annoyance. His Worship severely reprimanded the culprit, and ordered him to pay a fine of 10s, with costs 15s, in default 14 days’ imprisonment. \A NUISANCE. Thomas Munt was charged with allowing an accumulation of manure to occur in his stables in Tinakori road, near Saunders lane, a nuisance being thus occasioned. Inspector Doyle conducted the case for the City Council, and Mr Robinson appeared for defendant. Evidence was given by several residents in the vicinity, all of the witnesses being certain that an offensive smell arose from Munt’s premises. Councillor Anderson, who had recently visited the place, said he did not notice any smell other than that usually associated!with stables, and defendant denied the statements of the complainants, considering that every precaution had been taken.

His Worship held the allegation proved, and imposed a fine of £1 with costs of Court 13s, snd witness’ expenses 3s. UNDERSIZED FISH.^ William Gustra, for having in his possession flounders of a less size than 9in, was fined £1 and costs. ASSAULT. Joseph Dickson, who had assaulted Constable Joseph O’Connell in the execution of his duty, was fined £2 and costs, in default seven days. Alfred Simmons, a lime-light man in the “ Sign of the Cross ” Company, who had assaulted Frederick Murphy, bookseller, of Cuba street, paid a fine of 10s inflicted by the Bench. <® Reefton, February 5. A case of interest to coach-drivers was heard here yesterday before Mr Stratford, S.M. W. Cochrane sued J. Lowry for £BB 10s, damages to his vehicle, caused by an accident on New Year’s Day, when both were driving passengers from town to the railway station to catch a train to Greymouth. Cochrane, who drives the mail coach, stopped at the foot of the approach to the Reefton bridge to pick up passengers, and Lowry drove past him on the wrong side, just as Cochrane, started. Both got on the approach, with the result that Cochrane’s coach went over the embankment. Judgment was given for £37 10s damages and £9 12s costs. Reefton, February 7. Bernard Smith was arrested on Saturday afternoon on suspicion of setting fire to the State School on the 23 rd January. He was brought before the Magistrate’s Court to-day, and remanded till Thursday. Auckland, February 8. Thirteen bakers were prosecuted to-day for selling short weight bread. In the first case the defence was raised that the loaves were of lib, and had the weight stamped ,on them. Mr Brabant, S.M., said the stamp was evidently a false one. Bakers were not selling bread weighing lib 15oz as lib loaves. The decision was reserved till Monday.