ONEHUNGA MAGISTRATE'S COURT.

Auckland Star, Volume XXXVIII, Issue 66, 18 March 1907, Page 2

ONEHUNGA MAGISTRATE'S COURT.

The monthly sittings of the Qnehnnga Magistrates' Court was held this morning before Mr. R. W. Dyer, S.M. Sergt. Twomey appeared for the police. Breach of Infant Life Protection Act: Mrs. Charlotte Evans pleaded guilty to a charge of receiving an infant, Merda Mavis Menziea, into her home -without first-receiving a medical certificate that the child was strong enough to be taken from its mother. Mr. Dyer reserved his decision until next Court day, April 11, to enable him to look into the Act.

Breach of By-Laws: Bruce Cunningham was charged with committing a breach of the Onehunga by-laws by driving a number of horses along a public road without the same being fastened in any way. Mr. McVeagh appeared for the Council. Defendant pleaded guilty, and was convicted and fined 5/ and costs £1 8/. Thomas Williams was similarly charged, pleaded guilty, and was fined 5/ and costs £1 S/. David Whitelaw also pleaded guilty to a similar offence, and was also fined 5/ and costs £1 sy.

Drunk while in Charge of a Horse: John Ansenne was charged with, being drunk while in charge of a horse. Mr. Gregory appeared for the accused, and pleaded not guiltyi Evidence was given for the prosecution by Mr. J. J. Shaldriek, who stated that he saw Ansenne trying to race a tram, and his condition was such, that for the man's own safety he rang up the police. Thomas Brain, Fred Morton and Sergt. Twomey also gave evidence. For the defence George Mullinder and John Alfred Brain gave evidence, the latter stating that he drove Ansenne home, and could detect no signs of drink on him; in fact, on the journey, Ansenne's ha-t blew off, and he was able to get- out and pick it up without assistance. In giving judgment, Mr. Dyer said that it was a painful case to deal with. The defendant's position was such that a fine was really no punishment; but although he intended to inflict a fine on the present occasion, he warned Ansenne that if he came before him again he would send Trim to Mount Eden without the option. Accused was then fined £7 and costs 13/.

Charles Henry Marshall pleaded guilty to a charge of drunkenness, and was fined 5/ and costs. He was further charged with using threatening behaviour towards Elizabeth Ellen Marshall, whereby a breach of the peace was occasioned. The hearing of this charge was adjourned.

Wilful Damage: Two lads named Jas. McLeod and Sam Wilson were charged that they did wilfully destroy a stone wall to tho extent of 20/, the property of Mrs. Charlotte Evans. McLeod pleaded gui'i-y, and Wilson not guilty, bein defended by Mr. McYeagh. Constable McGlone, Mrs. Evans, and two lads, Bob Taylor and Lorry Smith (who were present when the alleged damage took place), gave evidence in support of the charge. For the defence Sam Wilson stated that they were playing about the wall, when McLeod jumped on it, and some cement came away. They did not pull i down wilfully. Mr. Dyer said he was satisfied the wall was pulled down wilfully, and fined each lad £ 1 and costs 6Z6.

Ringing the Fire-tell:. Three small Jads were charged -with, ringing a firebell at Onehunjjja, all pleading guilty; but as there'wXre extenuating circumstances in connection with the charge, his Worship dismissed the lads with a caution.

The Mount Roskill Burglary: Mr. Dyer gave judgment in the case of the two lads charged with the burglary at Mr. Kinlodr's residence, Mount Roskill, in February, which was adjourned from last Court day. The parents of the lads, who were present, agreed to pay the amount of the property stolen, and on thi3 undertaking Air. Dyer discharged them with a caution, ordering them to come up for sentence when called upon. CIVIL CASES. Judgment was given for plaintiff by default in the following cases: — Onehunga Borough Council (Mr. Yoekney) and Thomas Cotton, jun., claim £1 10/ and costs 7/. . Taupo Totara Timber Co. v. J. J. Winter, Gisborne, claim £45 0/10, and costs £1 3/. An order was made on judgment summons, J. W. Manson and E. Murdoch, claim £-3 0/6, defendant being ordered to 10/ per week.