MAGISTRATE'S COURT

New Zealand Times, Volume XXXII, Issue 7142, 1 June 1910, Page 8

MAGISTRATE'S COURT

TUESDAY, 4IAY 31. (Before Mr W. G. Riddell, S.M.) EXCITED BUSKFELLER. A bushfoliei- from Paraparaumu named Axel Hulpberg admitted a charge of arunkeimess and of assaulting -Reginald Dudding Squires, a constable, while in the execution of his duty. Accused was arrested at 2.30 p.m. in Willis street on Monday, being _ very much under the influence of liquor. Constable Squires, with the assistance of another policeman, put accused ; in a cab, his language at this time brine very objectionable. Hulpberg, who had a knife in his hand, asked to be allowed to smoke. His request was not ac-! ceded to, but the prisoner was asked for his knife. He declined to hand it over, and threatened to throw the constable through the cab window, also to stab him, holding the knife in a threatening attitude. Constable Sc,uires grasped Hulpberg's .wrist, bent it downwards, and in doing so caused accused to stab himself in the calf of the leg, inflicting a nasty wound and severing an artery. The knife blade was three or four inches long, and as sharp as a razor. Mr P. Jackson, who represented accused, said his client did not remember anything of what he had been doing. He had only arrived in. the city at midday from Paranaraumu, and had commenced imbibing before reaching "Wellington. Accused had not drawn the knife with the object of using it on the constable. He had it ill his hand to cut up tobacco with. His residence in New Zealand extended over •two years, and nothing had been known * against him previously. His Worship pointed out that if accused carried a sharp knife, got drunk, and did not know what he was doing he must take the consequences. He had no right to carry a knife such as had been described if he was not. able to look after it. There might not have been much intention to wound the constable, but the assault would have been more serious had the wound been inflicted upon the policeman instead of upon prisoner. Some penalty must be imposed to make accused more careful.. He would be convicted and discharged of drunkenness, and fined £3 and" ordered to pay on© guinea medical expenses on the second charge, in default fourteen days' imprisonment. ANOTHER UNDESIRABLE. Following up their efforts to clear the city of men who won't work the detective branch of the force charged an able-bodied man named Daniel Morris with being an idle and disorderly person in that ho habitually , consorted with reputed thieves. Chief-Detective Broberg said that for a month past accused had been consorting with thieves. There had been twenty previous convictions against him. •Morris said he had returned to Wellington, after an eight-months' absence, with a cheque, which he had forthwith proceeded to ""knock down," getting into bad company in the process. His Worship (to the chief detective): Do you know whether this is a fact? Detective Broberg:' I know it is a tale he has told before. He. told the same story the last time he was before the court. ' Accused was sentenced to three months' imprisonment with hard -labour. OTHER CASES. Ruby Kirk, alias Prosscr, denied a charge of drunkenness and one of procuring liquor while the subject of a prohibition order. Accused persistently protested that she was sober, but the police evidence was that she Was very drunk when arrested. As she refused to go to the. Salvation Arrriy Home she was sent to gaol for a period of three months. • Drunk and Walter Thompson essayed the task of throush the city after dark without having the lights of his vehicle lit. Ho got "tangled up in a verandah post" during his journey, and was apprehended by the police. Ho was fined 20s, or seven days, for being drunk while in charge of a horse, and 10s, or fortyeight hours' imprisonment, on the second charjje. One first-offending inebriate, who was' found wandering about CourtenaV place with his eye cut open, was .-convicted and ordered to pay one guinea to the doctor who attended - to his wound. Several other first-offenders were convicted and fined ss, in default twenty-four hours' imprisonment. CIVIL JURISDICTION. (Before Mt W. R. Haselden, S.M.) i UNDEFENDED CASES. Judgment was given for plaintiffs by default in the following undefended civil cases-.—Wellington Traders Agency as assignees of Oscar Hewett and Co. v. Kate Preston, £i, costs 10s; Alexander W. Ho?g v. Mrs George Oxspring, £8 7s, costs XI 3s Gd; George Doughty and Co. v. Alexander Ross. -£4 17s 9d, costs 10s; J. B Tackle and Son v. Brune H. McCreadv, .£27 Ss Id. costs £1 7s; Joßepn Taylor v. Peter Bitossi. JE3 2s 9d, costs 12s"; same v. Charles Schultz. £i 16s 9d, costs lis; John Daly Hayes v. John Hobbs, £2. costs ss; Fred T. Bowerhant v. Owen Gough, £3, costs 10s; Hutt

County Council v. Walter Moore, £~ lis 3d; costs £1 5s 6d; Bunny, Petherick and Aysonv. Reginald Leslie Vail, £5 Bs, costs £1 3s Gd; Wellington City Council v. Mercia Elliott, £6 Is 7d, costs 9s; New Zealand Farmers' Distributing Company v. John Hamilton, junr., ,£1 12s 6d, costs ss; Robert Hannah and Co. v. Flora Watson, .£1 Is, costs ss; Wellington Biscuit Company v. Herbert Boagey, £8 5s 3d, costs .£1 3s 6d; Charles H. Jones v. Charles McFarlane, £S, costs .£1 3s 63; G. H. Thornton v. Albert Eustace, £3 15s 9d, costs 10s; Gear Meat Company v. Charles William Millar, ,£1 10s Bd, costs ss; Hooper and Harrison v. William Downie, £5 6s Bd, costs £1 3s Gd; Wilson, Pechter and Co. v. Thomas W. AVills, ,£l7 8s Bd, costs £1 10s 6d; P. Maekin v. Arthur Cole, £3 10s fid, costs £1 0s 6d; F. B. Gormley and Co. v. Percy Tavlor, .£1 13s 7d, costs 13s; Wright, Dixon and Witt v. GedTge Gray, £1 10s sd, costs 10s.

JUDGMENT SUMMONSES. In a judgment summons case Bates and Lees v. R. Collett, a debt of .£5 10s, debto:- was ordered to pay the amount on or before June 14th, in default fourteen days' imprisonment. In the case Easson, Ltd., v. Joseph James Moore, a debt of £6 4s lid, debtor was ordered to pay on , or before Juno 14th, in default six days' imprisonment. No order was . made . in the case P. Maekin v. Haa-ry Adams, a debt of .£3 13s Gd.

' BUILDING ''EXTRAS." Judgment was given in a claim brought by H. E. Manning, contractor, against ,A. J. Craddock, engineer, to recover .£9O 18s, the amount alleged to bo due to plaintiff for extras ordered by defendant in connection with the erection of a five-roomed house for defendant at Oiiental crescent, Rosencath. < The caso had been ref eared to arbitrators and judgment was given, in accordance with their finding, for -plaintiff for .£4B -15 s 9d, with costs amounting to .£8 7s. Mr Blair represented the plaintiff and Mr Arnold the defendant. . A PIANO TRANSACTION. Reserved judgment was given in the case brought by J. H. Flockton against W. Webbe, of Auckland, trading as the London Piano Company, for damoigca for the alleged wrongful detention of a piano, and the return of the piano or the value thereof, .£ls. The case aroso out of a transaction which one E. J. Falkiner, agent for Webbe, had with the plaintiff. Flockton gave Falkiner JCIO for a piano, at the la-tter'e request, and left it on Falkiner's premises. Subsequently allegations of misdealing in pianos were preferred against Falkiner by Webbe, the instrument under notice was alleged to have been one of them, and, having been left by plaintiff in Falkiner's shop, was seized by Webbo when ho discovered something was wrong. He had since (refused to hand it over when aDplied to by Flockton. Judgment was given for plaintiff foi the return of the piano or its value .£ls, cost? being allowed plaintiff according to scale. ... Mr D. Jackson appeared for the plaintiff and Mr Blair for the defendant.

ALTERING A HOUSE. A judgment arising out of the alteration of a house was given in the case of Stephen Harris, builder, against SaTak Larkin. a claim of .£7O 4s 9d in connection with alterations to and "extras" ( put into defendant's house at Wadestown. There was a counter-claim for £6 15s 3d. The case was referred to an, arbitrator and judgment entered up ia accordance with his finding— £A3 3s 9d being awarded to the plaintiff, with costs and 5 guineas for the arbitrator's fee, while defendant was allowed £2 4s on her counter-claim and .court costs only. Mr McGrath appeared for plaintiff and: Mr P. Jackson for the defendant. FENCING CLAIM. Annie Dcckston, of Wellington, sued William John Branigan, of Taita, hotelkeeper, for £3 19s Gd, being the half cos* of the erection of a boundary fence between, the parties' property. Mr Jackson appeared for plaintiff and Mr McGrath for defendant. After hearing evidence judgment was reserved and will be delivered at the next sitting of the court at Lower Hutt. CLAIM EOR COMMISSION. The question of a^inding~BWTeeme£i""'"~ v figured in an ac£iCn brought by John. William Macjsgy (Mr Hislop) against (Mr A, R. Atkinson) for JgSi Kk>, commission alleged to be du4 to the plaintiff. The latter wasemrifloyed to find someone willing to exchange lands for certain properties belonging to the defendant in Wellington. Plaintiff introduced to defendant one Webb, w-ho entered into a binding agreement with defendant to exchange certain freehold property of the value of •£3.500 for the defendant's property. Plaintiff claimed 2i per cent, on such Bum, less JE3 paid on account. The exchange was never effected, as there was a mortgage upon the land which was to be exchanged for defendant's, whereas the agreement stipulated that the land was to be "exchanged free of mortgage. The encumbrance had not been disclosed till the dealings had finished. Plaintiff claimed that all he had to do was to introduce to defendant the person who entered into a binding contract. Judgment was reserved.