THE COURTS.

Press, Volume LX, Issue 17985, 31 January 1924, Page 14

THE COURTS.

MAGISTERIAL. "WEDNESDAY. 'Before Mr Wyverr. "Wilson, S.M.;. BY-LAW BREACH. F. Dick and L. Hall, for i; ' ™ engaged in heavy traffic on the V. aiEoru road, which had been closed to Heavy tra.nc br the Heathcote County Council, were each convicted and fined IC3 and costs. THEFT FROM EMPLOYER. William Brown and William Gibbs Petrie. pleaded guilty to a charge that they dm steal a half hundredweight of v/rutc "'advalued at 003, the property of Struthers and Co., Ltd. Chief-Detective A. Cameron said, that _tne two accused had been emp'.oyed by the firm from which they had slo'en the lead, Petne as a storeman and Brown as a driver. Tacy had agreed to steal »nd sell the lead, anci to divide the monev derived- from the sale. Eoih men had previously born good characters. Brown h.-d nothing to say, but Petne said he was short of money at the time, and wnen the opportunity offered he committed the offence with which he was charged. _ The Magistrate said they had been caarged wiih common theft, but when a person stole from his emplcvor it was something ranch more serious. FTe convicted and sentenced each of the accused to two months' imprisonment. UNSTAMPED RECEIPT. Eric Stanley Barrett (Mr W. J. Sip) pleaded guilty to having signed a receipt for £3 12s 6d", and failing to stamp it. Mr Sim explained that the emission was purely a clerical oversight, and he asked for a nominal penalty. Barrett was convicted and fined 20s and DEFICIENT MILK. William James Langley, who pleaded guilty to having sold milk below the standard, was convicted and fined £5 and costs. . SUNDAY TRADING. Leslie Flowers, for selling cigarettes on Sunday, was convicted and fined 203 and costs. ON LICENSED PREMISES. Walter Austin, John Kiesanowski, and Thomas Rogeski, for being found on the. licensed premises of the Bower Hotel, New Brighton, nfter hours, were each convicted and fined 20s and costs. "BLISSFUL IGNORANCE." Ernest Stocks (Mr F. D. Sargent) pleaded guilty to using machinery without having a certificate from the Inspector of Machinery. Mr Sargent said it was a case of blissful ignorance on the part of the defendant. Stocks was convicted and fined 40s arifl ccst3. . CROSSING CASES. David Howell ■ (Mr A. J. Malley) pleaded guilty to.driving over a railway crossing in a .motor-car when the line was not clear. After hearing the evidence, the • Magistrate said the defendant had pleaded guilty, therefore he would have to convict him, but had lie pleaded not guilty, he would not have convicted him, because he was of the opinion that the defendant had mistaken the crossing-keeper's signal. Howell was convicted without penalty. Francis James McCormick (Mr J. L. Fryer) pleaded riot guilty to having attempted •to pass over a railway crossing when the line was not clear. The defendant stated that he did not seethe crossing-keeper. McCormick was convicted and fined 40s and costs. George William Goodge pleaded not guilty to having attempted to pass over a railway crossing when the line was not clear. It was stated by the engine-driver and tho cro3singkeeper that the _ defendant stopped on the centre of the railway linos just in front of the express, which was travelling through to Lyttelton; The Magistrate said he was of 'Ae opinion that the defendant had attempted to cross when the line was not clear, and he convicted and fined him 40a and costs. "A BAD CASE." Frederick Tindall, who did not appear, was charged with crossing over a. railway line when it was not clear. The crossing-keeper said the defendant was riding a motor-cycle and eide-chair, and when he approached the crossing he, stood up on tho footboards, beheld the oncoming train,, decided to cut. across, and missed i& by about three yards. The Magistrate Baid it was a bad.case, and he convicted and fined Tindall £5 and costs. NETTING ' TROUT. .

T. H. Oveitcm (Mr K. M. Giefson) pleaded guilty to (1) that he did unlawfully take trout from Lake Ellesniere by mean.l ( of a net; (2) that he did unlawfully take. ' or have in' possession under-sized fi3h. It was stated that the defendant had been caught by the ranger netting- the trout. Ho was with a party, but he. had stated that be was the leader and took the blame., On the first charge, Overton was convicted and fined 4Ca and costs, and on the second he was convicted and fined 10s and costs. H. Bliss and H. J. Petrie, who appeared on similar charges and who were the other members of the party, were each convicted and ordered to pay costs, ' 28s, on each charge. DISMISSED. Cyril O'Malley (Mr F. D. Sargent) pleaded not guilty to being found on His Lordship's Hotei after hours. The Magistrate said that after hearing the evidence, he was of the opinion the defendant had not gone to the hotel for the purpose of obtaining a drink, but for the purpose of 'getting, accommodation. - * The information was dismissed. DANGEROUS TO HEALTH. Francis Bashiord and Henry Ayres were both, charged that they did suffer a nuisanco to be created in the. buliding, 23 Madras street, by so overcrowding certain rooms in the said building as to bo dangerous to the health of the occupants thereof. Mr H. H. Loughnan, city solicitor, said .that the prosecution was being carried out under instructions from the Health Depart-, ment. Tho inspector said ho had inspected tho house, which was a five-roomed one. He found that some rooms were locked and empty. Only one bedroom was used and in it slept two girls and their parents; in, the kitchen two boys slept on a stretcher. Bashford, said he had bought the place on October 9th for himself. He had given Ayres several notices to quit. The reason for some of the rooms in the house being locked was that Ayre3 had torn up one of his notices to quit in his face and said, he would take no notice of him. •' The Magistrate said that Bashford was. not to blame, for as soon as he had purchased the house he had endeavoured to get Ayrei out and have the property fixed up and live in it himself. "I couldn't get cut with a wife and four children, your "Worship," interjected Ayres. "It's a nity you were not living in a tent on October 9th," said the Magistrate. Continuing', his Worship said that he was of the opinion that Boshford was not to blame, and he dismissed the charge aginst him. Ayres was convicted and fined 203 and costs. SOUR MILK. -John Southon pleaded not guilty to having sold sour milk. . Tho defendant attributed the state- of the milk to bacteria from a sick cow. The Magistrate said the responsibility of all milk vendors was to see that the milk they sold'■. was fresh., Southon wa.; convicted and fined £3 and costs. ARMS ACT BREACHES. Samuel Garvin was convicted and fined 20s and coste for being in i>ossession of an unregistered firearm. Esdale Henry KegnauU, on a similar charge, was.dealt, with in a like manner. ALLEGED THREATENING BEHAVIOUR, Florence Lansdowne (Mr A. B. Hobbs) proceeded against A. Yeadon (Mr W. F. Tracy) for sureties of the peace. The plaintiff alleged that the defendant. had .used provoking and insulting language to her, and did threaten to assault her. Mr Hobbs said the complainant had rented a house in Tuam street from the defendant's mother, and in three hours after shifting the furniture in, The defendant's mother had demanded that they quit. The reason was that they had found complainant's husband to bo a returned soldier, who was getting Government assistance. They had concluded that he had no money. Florence Lansdowne said that ehe shifted into the house, and shortly afterwards Mr 3 Yeadon had como over and told her to get out. Later Mrs Yeadon and her son had gone over and the man had threatened to strike her. Many times he had shaken his fist threateningly at.her, and had walked tip and down in front of her house. Albert Lansdowne, husband of tho complainant, corroborated the story told by his wife, and ho described tho manner in which his son had prevented Yeadon from striking his wife.

Cecil Lansdowne, the son of the last witness, said that on the day that Ycadon had clenched - his fist to strike his mother, ho was behind a. shed, and when he heard the defendant swear and threaten to hit nis mother, he Tan up to him. Albeit Yeadon, defendant, said that ho accompanied his mother to the house, which

the Lansdowr.es rented, to inspect some plumbing work. "When they knocked at tho door Mrs Lar.sdowne answered it and told them that they could rot go in, and shut tho dcor in their faces. As they were leaving the place, after making the inspection,- Mr L-ansdowne swore at them, and then Lansdowne and his son ran up to them, and the boy began to roll up h_i3 sleeves. Ho did not threaten to strike her. The Magistrate said the evidence was very contradictory, but he preferred the storv of the defendant to that cf complainant. The information wes dismissed. IN OTHER PLACES. PRISONERS SENTENCED. (rr.Ess association telegp.ait.^ AUCKLAND, January 30. In the Supreme Court, Tukarawa Fomaic for breaking and entering and theft was sentenced to thres years' gaol concurrent with a sentence he is now serving:. Phili,, Alexander. Gentil, for indecent assault on a. little girl, was sentenced two years' reformative treatment. Alfred Hinton, on sis charges of forgery and uttering-, to three years' imprisonment; and Robert Irvwin Meaclen, for giving a fa'.se najuc when contracting a second marriage, to three months' imprisonment. A GIRL AND AN ASSYRIAN. (r/EESS ASSOCIATION TELEGEAU.) ■ GISBORXE, January 30. Florida Muton, a domestic at tho Oil Springs Hotel, Whatatutu, pleaded guilty to stabbing Joseph Kram, an Assyrian, with a pair of scissors. The police stated, that the Assyrian had passed some remark which annoyed accused, and when two hours later he went to apologise she stabbed him, medical attention being required. The accused said the Assyrian had made an improper sign, which upset her. When he came to her room indignation overcame her. She pushed.him out, forgetting she had scissors in her hand. Accused was fined JBI. SINGULAR ASSAULT CASE. (PEE 33 ASSOCIATION TELEGIUM.) WELLIX GTON, January 30. A singular assault case was heard by Air E. Page, S.M., to-day,' when Herbert Fa4;c, of Eastbourne, was charged with assaulting Archibald Han-ock, a next-door neighbour, and also with breaking and entering Hancock's premises with intent to commit a crime. The police stated that Fake climbed through a window. Mrs Hancock escaped, and told her husband, who returned with a. constable'. Fake .said ' that ho had gone there to clean up the husband, and in the constable's presence he . violently assaulted Hancock. . Fake. also said tha,t. lie. went to see if Mrs Hancock was being maltreated, as he had heard her moaning. Thfe phenomenon was explained by counsel as due to her suffering from asthma. The defence to the charge of breaking and entering was that the window was open,, and ■so there was no breaking technically committed. Fake was sentenced . to 21 days' imprisonment •without tho. option' oi a fine for assault, and. on the breaking and entering the charge was dismissed. THEFT CHARGES. THE REPATRIATION CASES. (PRESS ASSOCIATION TELEGRAM.) WELLINGTON, January 30. It is. stated that the charges of defalcations'againct Victor Coull and Frank Hodgins, generally known as "the .Hepatization Department cases," will be heard in Christchurch,. probably early in ? March. Both of the accused were employed in tho Repatriation Office, Wellington, after the war, arid When, the cases were heard here the juries disagreed. , [Coull was charged at the Wellington Supreme Court in August with theft of public moneys and forgery Accused in Miis evidence denied all knowledge of the offence. He .received £3OO to take .up shares, in a firm, but he had not done so, and had lent this money to friends. \ Coull refused to give th-? names, and wrote them down for the. Chief ' Justice. The' jury failed to agree, and a new trial was ordered.]