MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume XXVIII, Issue 7724, 25 March 1904, Page 5

MAGISTRATE'S COURT.

MASTERTON- FRIDAY,

(Before Mr W. P. James, S.M.)

CRIMINAL charges. Michael Rock was charged with drunkenness, being his fourth offence within six months. Accused pleaded guilty, and asked for a prohibition order to be taken out against himself. The S.M. said there was no alternative to imprisonment where more than three convictions were recorded within less than six months. Accused was sentenced to fourteen days* imprisonment, the S.M. remarking that a more substantial sentence would be imposed if accused came before the Court again.

William Gow was charged on the information of the police with behaving in an offensive manner in a railway carriage, between Masterton and Opaki, on February 27th last.

Sergeant O'Malley prosecuted, and Mr C. A. Pownall appeared for accused, who pleaded not guilty.

Sergeant 6'Malley said a man named James Cootes was also implicated, but the warrant had not yet been served on him.

Edwin Duckett stated that while waiting in a carriage at the Masterton railway station on the date mentioned in the information a number of men came on to the platform and used most disgusting language. He identified the accused and Cootes as members of the party. Cootes and Gow tried to get into the carriage, where witness and a number of companions were. They used bad language. Witness kept the door shut and would not allow them in. They continued the bad language at Opaki Station. He would not swear that Gow was with the crowd which first came on the platform, but recognised him when he came under the window of the carriage they were in.

Mrs Wakeman, another passenger, gave corroborative evidence, and stated that Gow and Cootes had asked them to drink beer from a bottle.

Mr Pownall said he did not intend to call evidence. Accused had not been the ringleader of the behaviour complained of, but he did not deny having taken part in it. He asked His Worship to take into consideration the previous good character of accused.

The S.M. said the accused's previous good character did not help him much. The offence he was charged with was a very serious one, and he was only taking into consideration the fact that accused was a young man, ie not sending him to gaol without the option of a fine. The maximum penalty of _£10 and witnesses' expenses 18s lOd was imposed, in default two months' imprisonment.

Mr Pownall asked that two weeks be allowed in which to pay half the fine, and the other half a month from then.

This was refused, the S.M. remarking that accused must consider himself fortunate to get the option of a fine at all. Accused was allowed till to-morrow to find the money. BREACH OF MAINTENANCE ORDER. W 7 illiain Palmer alias Downes was charged with failing to obey an order of the Court to provide for the maintenance of his wife. Mrs Downes gave evidence to the effect that she had only had _£2 5s from her husband in four months. The S.M., made an order for accused to pay the amount of the original order (15s per week), and 5s per week off the arrears till they were fully paid up. The case to be again called on 26th April. CIVIL CASE. A. Irvine v. Wirth Bros., circus proprietors. Claim £7 7s, for carting defendant's paraphenalia to and from the railway, a contract to do the work for £2 10s having been made under alleged misrepresentation.

Alexander Irvine gave evidence to making a contract with Wirth's agent (for £2 10s) for the carting, under certain conditions. The conditions agreed upon by the agent were not fulfilled by the proprietors of the circus. He spoke to Mr Wirth at the time, and told him he expected payment for the extra work.

W. J. Fly said he was present when Irvine had a conversation with Wirth Bros.' agent, previous to the agreement being made. The agent told them it would take from three to five hours to do the carting, and said they wouid do part of it themselves.

Charles Cross, driver, in the employ of Mr Irvine, also gave evidence, to the effect that very little of the carting was done on the circus lorries.

The S.M. adjourned the case in order to look up the Act bearing on the case. Plaintiff had made a contract, and he was not sure whether he could depart from it under the circumstances as stated. failure to connect with borough drainage.

Emily Florence Hooper was charged, on remand, by G. H. Dolby, Sanitary Inspector, with failing to connect her premises, in Dixon-street, with the Borough drainage system. Mr C. A. Pownall appeared for complainant, and Mr B. J. Dolan for defendant, who pleaded guilty. Mr Pownall stated that the case had previously been before the Court, but had been adjourned in order to allow defendant to commence the work. This had not been done. A fine of 20s, with costs 28s, was imposed.