POLICE COURT.

Auckland Star, Volume XLVII, Issue 52, 1 March 1916, Page 2

POLICE COURT.

■ Mn-F; Y. Frazer/S.M.) ■ " : " '; _ DR'DNKENNESS. X Two first offenders were "fined '5/ apiece.- Charles Thomas , (29), for a second recent offence, was fined 10/, or 48-hours'-,-.. JameS'lro/ (62)_, who bad done jt"fSree. .times recently, despite the facVthat Be' was prohibited,'• Was .fined £-5, in default a month's imprisonment. A JL4-PSE IN SEEMORY. . . O eo /g§ Butty .(3SJ, a.large man, and -James.« Duff .<40),-a-" small -man, were 'charged ; With' having caused a breach of the "peace, '.'.'in 1 'Queen Street yesterday afternooii. " Constable' Fisher stated that he saw ;the.t_wo;Tmen.-bft-ying %, stand-up fight outside the Anchor Hotel in Queen Street. When they-weTU" arrested Dufty said that Duff called him a nasty name niid-he-hit Duff.'-"'"- '...'-■ '...'.. "Mc and Duff met-in the street and had a -feiy_ drinks..together," explained Duity 1 -.' "Jtt.Uiadr'anothef man with him who was talking'about what he could do with- his- fists."; The -witness said that "ihe talkative third man, whose name he didn'-t.kjiow,, was -about to -demonstrjite his piigiistic ability" on" the small man, Duff, when he interfered and bustled JWE away, from .the demonstrator. He didn't hit" Duff at aD, and was really protecting Mm from-tire other man, who was the fighting spirit. It may have appeared to the- constable•• that he and Duff were fighting, as he bad hold of Duff :t'6 get him. away from the other man, Tiut they'were-not lighting. He was not sure that his' memory of what happened Cfras (juil^V.cilear,." ... Duff ..corroborated .JJufty's. account of ■$he-affair; that his memory :was t -nqt'; ; atr - all; hazy. " Under. /cross-* oxaininaiion,- he -definitely that -he-.had-not been'pirb-out of a Lower Queen Street hotel by a constable. 'He admitted that he was fairly far gone, but considered that his memory of occurrences was.good.. He told the constable afcthe time; he said, that there was another man'wlo"caused the'trouble, but thef-'eonstable 'Said he 'saw- bnly' the'two of them. Constable Martin stated that earlier he putPfhe two~menK>ut of a "hotel, at the request of an" attendant, because- they . were goin™ to .fight. His Worship stated that it was obviously "a ease of lapse of memory under the influence: r As. Duff- appeared to have started the trouble,'lie would be fined 10/, while Dufty would be convicted and discharged.. ..... NOT DESIEED .AT CAMP. "The military authorities do not desire the return of Joseph South, and ask that his military .kit _be returned to Featherston camp'," was tbe message sent ■ from the; Defence' Department to thei Court respecting Joseph South, (33), a prospective soldier in who had admitted h'avyhjr thrown 'a piece of iron piping at a ho'telKeeper in Victoria Street, missed his aitdi'-'andV sent the missile through the window of Jno. Court andatse'tfat he had used obscene language—all when he was on-final leaver'froin'camp. ';,In,.jriew' of-the refusal !of.'thi 'military authorities to keep. South on as a sol-dier,-and hjs,>ng assault when" h#got untfei* of Urmojj;his:Wiqrsjiipidecided, to. -cpmmit the man for a term of reformative detentfoir-n'Ot exceeding" two years^ ORDES3 GfidKOUT. -, : Louie- -Clerx {50) - admitted -that .he had.not been'-'proTOding '.for - -his wife 3fary,-'*buV"declared" "that .he had beeu girea.stnct!:ornefs'.to.g'ait,out,-of the house,.and-had. got" out-,-.He added that he'-Wasirt going to-pay anything for his wife's 'maintenance- while she was -living with another man. "It's false,-1 never lived with a man *" in my-life;' 7, -declared the -wife, •■ who stated that she had to leave because the husband, made ike nouse' a gambling house, and -becauser-of -her-husband's bad language,:. .' ,- .. .... . , 'That' etkrtea"'the ball, and for nearly five-.-jriinutes huibaiid."and, wife,.indulged in.a hammerrand-tongs argument:across the; Court. ;;''7ott.liiYe;grven. us artjxhibitionmild no doubt, of what happens at; home," de: dared his' Worship, "aaid'it'TS'obviously better that .you should live' apart •until you have"-'ebbled' T off."" His Worship further advised Clerx-that until he cbuid 7of ."His, allegations he must pay maintenai.ee, according"" to his means?'" ; '' '' "' "'■-' ■■■-'" ' giyen, evidence as to his earnings as "a fireman,' and' the wife stated that her own earning amounted to 15/ a week, his Worship made-aa-order-against Glerx of 15/ a week, ,l£ff r .it turns '-.out iheWliiung wiffi '• fcis bloke what, will -inquired .Clerx. His Worship-'- s'taldd-- that ; if"' Clerx 'brought proof that the wife was being kept to gome .extent., ljy someone else, the Court-had power to-reduce the main' tenance order against defendant. . OATH AGAINST OATH. Margaret. Cullen Was,charged,that on heing a prohibited., person, she; entered the- Oxfordf.Hotel and" prociirfed:' liquor; and . .Jainfes • Tippet • was charged that,. knowin.g,_lfargaret. .Cullen to be a- prohibited person, he: procured Hguor-for'_;her. ■■ ■_•'■ ■ •"•'- --"■ ■ •-•»- Constabje Robuison stated that on February 7'he-saw-Margaret-Cullen comeout of the- Oxford 'Hotel with drink. On February 10 he was concealed beside her house iit- Freeman's -Bay, when he- heaVd lieii'-asfc Trppet-,-a;.lbdgef,'-'3f • he -was gplng7to''^e"t'.t^£ _ "6'tuff,V anff'the latter £tateif Tift..ffas.^g6ing-',tq'.gefcisome ivhisky', and: went cut'in the" direction of an hotel aiiS,-4, fow' 1 minutes later' returned. The that, the house was fre; quented bywomen euspicious'eaTorimsterices.- ."..:'. '.. ...". Bo£h defendants "denied- in totb'everytuing: ihe constable,- stated, but his Worship stated that though it-was oath against oafh.' in stfaight-outl'deiuxiJV .££ could.--riot'come to the .conclusion,, that" the constable had committed deliberate pehgiixjt* She ,'vfQmah.. ,'be dcfrj.ti4-' ted and oi;dfire4 to, |ijr sentence when called'on; the^man-would w fined £3 and 7/ costs, in default seven days' imprisonment. - •-. - ' EnBCELIuANEOUS. Eeginald Mulhern, for permitting a horse .wanflei;. at 4 largest had to'pary 7/ costs; * and flames- McLean McKirmon, breach, was convicted andr-discharged.