MAGISTRATE'S COURT.

New Zealand Times, Volume LXXII, Issue 4803, 5 November 1902, Page 3

MAGISTRATE'S COURT.

TUESDAY, NOVEMBER 4.

(Coforo Mr W. R. Haseldon, S.M.)

Ono first-offending inebriate was conIvicted. Carrio Corbett was fined 5s and James Twohy was fined 20s. A child whoso parents aro in indigent circumstances was committed to tho Wellington Receiving Homo. Ernest Sigglekow was charged with having stolen a watch valued at £5, tho property of John Conway; also with having stolen a watch and chain valued at 31s, the property of John E. Down os, at tho Summit, about tho 20bh October. Tho defendant pleaded guilty to tho first charge and nob guilty to tho second. Inspector Ellison stated that tho property was in a railway hut, ■where a number of men were living. The accused asked the men for shelter at tho hub for tho night. Ho was allowed to remain, and when he departed tho articles were found to bo missing. The watch, valued at £5, and a chain wero subsequently found in his possession at Grcytcnvn. Ono of tho watches had not yob boon recovered, ‘the accused was only recently discharged from prison. His Worship remanded tho defendant until Thursday for sentence. CTVIE BUSINESS. Judgment was for plaintiff in the following cases:—Ye rex and Jones Company v. C. B. Jarman, £ls ss, costs £1 10s 6d; Aororo River Gold Dredging Company, Ltd., v. David Laing, £26 2s, costs £2 14s; same v. Walter Briggs, £7 8s 6d, costs £1 3s 6d. In tho judgment summons case, John Kent v. Thomas J. Gardiner, tho defendant did nob appear. Plaintiff proved that tho defendant had moans, and his Worship ordered him to pay £9 18s forthwith. Mr Dovino appeared for tho plaintiff. William F. Shortt brought am action against James J. Stevenson for tho recovery of £24 Bs, for goods supplied and for commission on an exchange of property. Judgment was for the plaintiff for £ls Os 6d, with £1 costs. His Worship delivered his reserved judgment in tho case ToWii-Sond and Paul v.* P. MoArdle, in which tho plaintiffs claimed to recover tho sum of £SO, the price of a horse sold to the defendant, on or abouf tho IOTTi September, 1002. Tho defendant contended that tho horse was guaranteed to bo sound, but it proved to be a ‘‘roarer,” and died- several days after tho purchase. Tho judgment was as follows; —"In this case the weight of evidence is altogether in favour of the plaintiffs, and judgment must go accordingly. I need only observe that if tho evidence was more evenly balanced I should still think it extremely improbable tfTat an auctioneer would guarantee tho soundness of an animal after uie owner had publicly stated there was no guarantee and no trial.” Judgment was accordingly entered for plaintiff, with £9 0s 6d costs.

James Troy took action, against Walter Brown for tho recovery of £5, alleged to have boon deposited on account of a wager between tho plaintiff and anoElier that an action would not be taken in Court to recover a 9ortain amount with respect to a racing greyhound. Mr Wilford appeared for the plaintiff, and Mr Gray for the defendant. After argument, the case was adjourned to allow one Evans being joined as defendant. Plaintiff is to pay £1 Is solicitor’s fee.

James Troy sued Henry Wilson Davies for £2, which he deposited with, the defendant, who is secretary of the Wellington and Suburban Coursing Club, on account of a protest lodged against the dog Austral. The defendant claimed that the money deposited had been expended in an inquiry concerning the dog’s record. Tho protest had been uphold, and the dog was disqualified. Judgment was for defendant, with £1 Is- costs. Mr Wilford appeared for the plaintiff and Mr Gray for the defendant. E. H. Bo Sander brought a claim against J. S’ do' Silva for the recovery of £lO, the value of a certain gold ring which tho plaintiff alleged belonged to him. In a previous case, in which the plaintiff had summoned the defendant for not having completed a contract, the Magistrate held that tho contract had not been proved, and nonsuited the plaintiff. Tho plaintiff contended that as there had been no contract he was entitled to have .the ring returned. His Worship reserved his judgment. Mr Jellicoo appeared for the plaintiff and Mr Tripp for tho defendant. P. ivialoncy sued William Miles for £8 16s for damage to his cab, alleged to have been caused by a .collision on the Hutt read, due to the defendant’s negligence'. Judgment was for defendant, for whom Mr Jellicoo appeared, with £2 Is costs. Mr Wilford appeared for tho plaintiff.