MAGISTRATE'S COURT

New Zealand Times, Volume XL, Issue 9156, 23 September 1915, Page 8

MAGISTRATE'S COURT

Mr W. G. Biddell, S.M., presided over the sitting of the Magistrate's Court yesterday. For insobriety, James Clarke and James Macintosh were each fined 20s, in default three daj'6' imprisonment; Robert Matthews 20s, in default forty-eight hours; Joseph Reginald Harding 40s, in default seven days; and William Smith Wilson 10s, in. default twenty-four hours. Robert Boss, who did not appear, was charged with being drunk, and with committing a grossly indecent act in Haining 6trcet- Accused was convicted and discharged for drunkenness, and fined £3. in default fourteen, days, on the second charge. Later in the morning, ill W. Perry said he had been instructed to appear for Boss, who came from the country and had enlisted. Counsel asked His Worship to reduce the fine, but the request was not acceded to.

ALLEGED MISBEPBESENTATION. .Frederick Brown entered a plea of not guilty to a charge of representing himself to be the owner of certain, articles and thereby obtaining the 6um of .£3O from Arthur John Hoare. The accused was defended by Mr P. W. Jackson. The misrepresentation was alleged to have taken place over tho sale ot a confectionery business. Accused in the first instance was said to purchased a business' known as the "Toledo," in Manners street, from Alfred Atkinson; paying part of the purchase money in cash and giving an instrument over the stock, etc., for the remainder. Later he removed to Vivian street, and was alleged to have sold the shop fittings, etc., to Hoare. ',...- Alfred Augustus Bennett, solicitor, Wellington, said he recognised an. agreement signed by accused and witnesses by himself, the grantee (Mr Atkinson) being present at the time. The agreement was in respect of giving over the goods and chattels in a shop in Manners street bought by accused from Mr Atkinson, as security for the balance of the purchase money. Altred Atkinson, residing •at the People's Palace, slated that in April, 1914, he was interested in a. confectionery business in Manners street known as "The Toledo." During that month ho was introduced to Brown by a commission agent as a possible purchaser of the business, and eventually sold it to him for about .£132. The business and shop's fixtures were sold for a certain sum, and the stock. and furniture were taken at a- valuation. Accused paid about £~O of the purchase money, and a bailment was drawn up for the balance. Later on accused moved from Manners 'street to Vivian street and took all the fittings and stock with him. Going to Vivian street, witness said ho found a Mrs Turner in the shop, who stated that she had purchased the business in conjunction with Mr Hoare. Arthur John Hoare said he had purchased the business in Vivian street from accused .for J 230, and since had to pav Mr Atkinson .£ls, and give him some of the fittings. Accused had said, when asked, that he had paid all accounts in connection with the business, and he did not' intend to do anything "OTOok.'*

Detective Cameron gave evidence to the effect that when he read the information over to accused. he exclaimed: "It is a swindle between Atkinson and Fanning; I did not think that Atkinson could claim people, but only on me. I oould dodge hiin. It is no use my going into court as I have nothing and can pay nothing." ___ Mr Jackson asked His Worship if the evidence disclosed any connection with the goods in the information, and those sold to Mr Hoare, and also questioned if there was any evidence before the court that Brown was not the owner of the goods. ~■'■, His Worship said that he considered that a prima facie case had been established, . and accused was. committed to the Supreme Court for trial.