MAGISTRATE’S COURT.

Star (Christchurch), Issue 12710, 4 August 1919, Page 6

MAGISTRATE’S COURT.

TO-DAY’S CASES. CHRISTCHURCH. (Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS. A first offender for drunkenness was fined ss, in default twenty-four hours’ imprisonment. AN ASSAULT CASE Cecil Newman, a young man, pleaded guilty to a charge of assaulting Detec-tive-Sergeant Gibson whilst in the execution of his duty. Detective-Sergeant Gibson stated Uiat he was walking through Cathedral Square at- about half-past eight on Saturday evening when a young man was with the accused made some offensive remarks about being a detective. He went back and- asked him he had made the remarks, and while ho was speaking to him, the accused assaulted him. He had not previously spoken to the accused- After the assault ho .arrested' who called out that he was a “Digger.” The Magistrate imposed a fine of £5, in default one month’s imprisonment. ALLEGED THEFT OF FLAGS. John Francis O’Sullivan (Mr C- S. Thomas) was charged with the theft ox four peace celebration flags, valued at 10s, the property of the Christchurch City Council. Senior-Sergeant Cummings said that he would have to ask for another adjournment as the principal witness had been required to give evidence in a case at Amberley to-day. Dir Thomas protested against any further adjournment. He said that the man had been before the Court three times already and in each case an adjournment had been granted. He was now to ho asked to come before the Court again. The Magistrate granted an adjournment until Wednesday morning. civil cases. JUDGMENT BY DEFAULT. Judgment for the amount claimed with costs was given for the plaintiff in each of the following cases:—Christchurch City Council v. Margaret Ellen Plumridge, £lO 5s 3d; same v. George william Atkinson, 7s (costs oulv); same v. Ellen Perrott, £6 12s; L. E". Longeson r. Greenwald, £3 14s 4d; William Harris v. J. Robinson, £6 10s; F. D. Kesteven v. A. M’Dvmald, £l2; Andrews and Beaven, Ltd., v. ReginaldL. Feild, £l2 17s 3d; Jones Brothers, Ltd., v. J. G, Tuxford, £26 Is 3d; Brown, Little and Co.. Ltd., v. Mrs Chow Fong, £4 3s lOd; Alfred Butcher v. James Savin, £Bl 15s; Canterbury PubEshing Company, Ltd., v. G. King, £1 18s. BREACH OF AWARD. Frederick Hooper, Inspector of Awards, claimed from Alfred Avery, master painter, the sum of £lO damages for an alleged breach of the painters’ award. The defendant, Alfred Avery, explained that he had not paid a man named Clayton, who was working for him, liecause he had failed to enter up a time sheet. Clayton had then gone to the Labour Department and complained to Mr Hooper about not being paid, with the result that the inspector had laid the claim against him.

Mr Hooper said that the defendant was bound by the painters’ award to pay his employees their wages weekly. In regard to Clayton he had failed to pay him his wages weekly, and he understood a portion of his wages was still owing to him. Regarding the provison of time sheets, the onus was on the employer to provide time sheets for the employees to fill in. Alfred Charles Clayton gave particulars of various payments which had been made to him by the defendant. He said that Avery had told him that it did not matter about filling in the time sheets and had not made any attempt to supply him with the sheets. The Magistrate gave judgment for the plaintiff for £1 and costs. ADVERTISING CLAIM. The Canterbury Publishing Company (Mr L. A. Bengali) proceeded against W illiain Cairns for the recovery of £1 Hs 6d in respect of advertising charges. After hearing evidence the Magistrate gave judgment for the plaintiff, tor the amount claimed. dispute over accident. . diaries G. Brooks (Mr A. F, Wildmg), orchardist, of Styx, claimed from J “ (Mr 0. H. Mills), farmer, of Blenheim, the sura of £3B 15s damages arising out of an accident on the f\ ort 'hj Roa i?. Papanui, in which tho pJamtixt suffered injuries. Mr Wilding said that the accident occurred on the North Road on March 15. u i ain i was cycling towards Christchurch, and was passing a tram, when a motor-car travelling in the same direction ran him down and injured him. ■The accident happened at about seven o clock on a bright moonlight night. Both plaintiff and defendantliad lights. ne ghgence Vith wmich the derendant was charged was that bo tailed to keep a proper look-out and so aV miT ruiu r m '{* in r° plaintiff. The plaintiff said that he heard no warning previous to being knocked over He could not estimate the speed of the car. > As the-result'of the accident ho was incapacitated for a fortnight. The bioycla was practically smashed up, and tus clothes had been so badly soiled that bo to _get a new suit. Dr hj. >G. Gibson gave evidence residing the extent of plaintiff’s injuries. Evidence was given by the motonnan and .the conductor of the tramcar. Mr W. Wills, for’the defendant, said that on the night in question the defendant noticed plaintiff when he , was nearing the tramcar. After sounding his horn, lie swerved, over to the side of the road to avoid a collision, but the plaintiff got in the wav: of the car himself by turning slightly to the right. After hearing evidence from the defendant and; "his brother, Reginald bowler, relating _to the accident, the gave judgment for the plaintiff for £2 2g and costs.