MAGISTRATE'S COURT

New Zealand Times, Volume XXXVII, Issue 8589, 27 November 1913, Page 2

MAGISTRATE'S COURT

TUESDAY, NOVEMBER 25(Before Mr W. Q. Riddell, S.M.) James Proctor was proceeded against for a maintenance order in respect, of hid alleged illegitimate onild. After hearing the evidence His Worship reserved judgment. Mr T. M. Wuford appeared for the defendant and Mr lioimden for the complainant. Jessie Ann Lewis proceeded against her husband; John William Lewis, for a separation order ■, and maintenance and guardianship, orders on the grounds of persistent cruelty. Mr G. Samuel defended and Mr P. W. Jackson appeared for the complainant. After hearing the evidence the case was adjourned until Saturday morning, when medical testimony will be taken. CIVIL CASES. (Before Mr J. S. Evans, S.M.) Chailies Popploton, of Wellington, settlor, took ation against JohnPoppietou, of 80, Ciyue quay, Wellington, lor’ the return of a stallion alleged to bo tho property of the plamtiii', or in the alternative the sum of £59. Plaintiff alleged that on June sth he faougnt tho ntallion from the defendant and that on October 28th the defendant forcibly and witnout his permission entered the dtables at Ellice street, where the animal was stabled and retook possession of it. Mr J. McGrath appeared for the plaintiff and Mr E. J. Pitzgxbbon defended. After hearing a portion of the evidence Hi» Worship adjourned tbo case until this afternoon. UNDEFENDED CASES.

Judgment for the plaintiff by default was given in each of the, following undefended cases: — . W- H. buckling v. Thomas A. Marshall. £7 12s. costs 15s Gd; Chae. Begg and Co.. Ltd., v. Gas Kreegher, £l9 lbs Sd, costs Ml 10s 6d; George and Kersley, Ltd., v. Allan N. Kennedy £42 12s Udcasts £-1 14a: Dunlop Rubber Co. v. Stuart M- Baird, costa only, £2 2s, W. T Jeuness v F. M. Kennedy, costs only, 7s- Wd T. Burt. Ltd.. v.ThomasSV. Francis £34 Is. costs £2 14s; Wellingto, Furniture Trad* Workers' Mmon v. Walter B. Stock, 18s. costs ss; Soft Goods Workers’ Union v Fr««s E Levdon £1 14s. coets ss; J. Eheeseman B. Carpenter. £3 8s Aid. City Corporation v. George M. * £25 18s 10d. costs £1 3s: Leery and Co., Ltd., c. R- Wylie, costs only, 17s. WEDNESDAY, NOVEMBER 26. (Before Mr W. G. Riddell, S.M.) Thomas Arthur was charged with being a rogue and a vagabond, in that ho had been found by night without lawful excuse in Hannah s Buildings, Larabton quay. The accused elected to be tried by a jury, and was remanded until December 3rd. Thomas Lynch, .who was arrested recently near the Town Hall when seen to bo making off witli three overcoats over his arm on a particularly mild night, appeared for sentence. According to Inspector Hendrey, the ay cused ‘‘signed on” on a steamer in London and camo out to. New Zealand as a fireman. The officers of the ship said that he did his work well, and that ho had a number of discharges all marked “V.G.” Boyond that, there was nothing known of the accused, as ho had only been a few weeks m the Dominion. After cautioning the accused, His Worship imposed a fine of 40s, or seven days’ imprisonment, on the first charge, and ordered him to come up for sentence on the other two when called upon. Sidney Hall was charged with having indecently assaulted two males at Ohakune. After hearing the evidence, the accused was committed to the Supremo Court for trial. Mr T. M. Wilforo defended. Bail was allowed in the .Sum of £IOO. CIVIL CASES. (Before Mr J. S. Evans, S.M.) George H. Wood proceeded against Frederick Lewis, as executor in the estate of the late Ana Mood, of Wellington, for the recovery or the .sum of £ll6 7s 9d, alleged to be due to the plaintiff for money lent and for proertv belonging to tho -plaintiff retained by the defendant. . , , Tho evidence of a witness who had to return to the country was 'taken and His Worship then adjourned the

hearing until this morning. Mr P. H. Putnam was for the plaintiff ana Mr J. F. W. Dickson defended. SALE OF A HORSE. The case was concluded in which Charles James Poppleton sued John Poppleton for the return, of a pony stallion, or in the alternative, the sum of £SO. Mr J. J. McGrath appeared for the plaintiff and Mr E. J. Fitzgibbon defended. Plaintiff claimed that he bought the pony from the defendant on June sth, 1912, for £B, and that on October 28th, 1913, defendant' took the horse out of the stable and had refused to give it up. Plaintiff in his evidence stated that he had paid £B, but the receipt defendant had signed was for £22. This, he said, the defendant suggested, as in case he desired to sell the pony he could gain more by production of a document for that amount. The defence was that the wrong receipt had been signed. His Worship stated that the plaintiff had a bogus receipt for the purpose of using it afterwards in selling tho horse. “I believe it is a not uncommon thing in horse dealing,” observed the magistrate. He would not order the pony to bo returned, but would give judgment for the plaintiff for £B, the amount that plaintiff stated he had paid in purchase. PETONE COURT. The monthly sitting of the Magistrate’s Court, Petone, was held yesterday, Mr L. G. Reid, S.M., presiding. For failing to conform with tho provisions of the Defence Act, A. N. R. Pickering was convicted and fined 10s, with the alternative of three days’ detention in the Alexandra Military Barracks. W. Laming, for disobeying a maintenance order in respect of his wife, was fined 40s, in default fourteen days’ imprisonment. \V. P. Porter was ordered on a judgment summons to pay off a debt of £0 8s 6d to Bert Low within two oalesdat months, or undergo seven days’ imprisonment.