THE COURTS.

Press, Volume LX, Issue 18087, 31 May 1924, Page 5

THE COURTS.

MAGISTERIAL, FRIDAY. (Before Messrs P. L. Davies and H. F. Herbert, J.P.'s.) DRUNKENNESS. A first offender was convicted and fin*d 6s, in default 48 hours' imprisonment, on a charge of drunkenness. Another first off *P d " was convicted and fined 20s, in default 48 hours imprisonment. REMANDED. < Charles Arthur Kirk, 23 years of age, was remanded to appear to-day on a charge of failing to maintain. CYCLE DEALER FINED. Louis Dumergue (Mr 3. B. Batcbelor) pleaded guilty to a charge of having carried on business as a second-hand dealer without a license. . Chief-Detective T. Gibaon said that the defendant was a cycle dealer, but he dealt in second-hand cycles, and it was necessary that such dealers should be licensed to sell second-hand machine*. He had been Previously licensed, but the license had expired, and he had not applied for.a,new one. Defendant had been found out by having ft pyele which had been stolen, and of which he had no record in his possession. . Mr Batchelor submitted that the breach was a technical one, and that the defendanthad been careless. Dumergue was convicted and fined £2 and ROGUE AND VAGABOND.

Ernest James s\nyth (Mr J. B. Batchelor) pleaded guilty to a charge that he. was deemed a rogue and vagabond in that he imposed upon certain individuals to obtain e. benefit. Chief-Detective Gibson said that the accused had gone to various busincs* and fessional men with a telegram which read "come ■at once—mother dying." Accused had pretended that his mother was in Wellington, and that he must see her, although he had no money with which to mako the journey. • Evidenco was given by Dr. J. P. Whetter, who said that the accused called at his house on Saturday werk and told him that his m--ther was dying, and in support of. that statement showed him the telegram. He asked for aid to enable him to get to Wellington, and witness, feeling sorry for him, gave him £l. Cross-examined by Mr Batchelor, • Dr. Whelter said that he had only *een the accused twice previously--once in his house and onco at the police Btation, when he had been summoned to identify him. When accused visited him witness noticed that the pupil of the right eye was dilated. It appeared as though he had at some time: or other met with an accident, and when ho went to the police Station he looked tge eye and noticed the eamo conditions. "The oyo was the same, the overcoat he had,on was the same, tho appearances were the same and it would be miraculous if-it is not him," ho concluded.

Dr. H. L. Wiadowson also gave evidence in tho course of which he said he gave the accused 10s. He had no doubt about the man's identity. ■ ■ • Accused, in evidence, denied having ■ seen the doctors before. He also denied all knowledge of the offonce, and said that his mother had died over twenty years ago. He had not been working for a few weeks because he was. hot feeling too well, but he now' had work to go to. ' lue admitted to Chief-Detective Gibson that he had three or four previous convictions against him, but said that on each occasion he had been convicted he was innocent of the charge. He also admitted, that he had lately been on a spree, but denied that during the spree ho had visited anyone, and appealed for money. He was ;a cutler by trade, and during the past year he had made about <3OO, "but I haven't get anything now, and it's my own fault, because I-spent it as soon as I got it," he said.

. The Bench said 'that-'it was quite satisfied that the accused was guilty, and it believed him to be an impostor. Smyth. was convicted and sentenced to three months'. . imprisonment .with hard labour. •; ' ■•'-,..

BY-LAW The • following were.,.each convicted ,W>3 fined 20s ; for. cycling at nightf"without Edward S. Jones, 20a; Charles lieWis, John Frederick Murray, Ernest William Rogers. John William Fox was ordered to pay costs only. ' • '■" ' : " ■■'.- ;•'<'i ■ ?-':'vk Goorgo Qoodwin was convicted • •nd—firti 10a and costs -for 1 pillion"'riding;* ■; -•.,:;:«:! David ' Allingham was convicted without costs, for not returning his telephone key as. a carrier to the. City Council. .', . ■ Walter Baxter was convicted and fined 10s and costs for excessive speeding in a motor vehicle, ■■'•' ■ "" > ;<■■*■■■■ •

Benjamin Berry, a carrier, was convicted without coats for.Jailing to return .his tele-phone-key and .badge. William H. Pearce, for leaving a car anattended was convicted and fined,*).

, A. E. Sayille, a carrier; wee ordered to pay costs for not returning his badge. H. Sheldon was similarly treated' for not' returning his cab-driver's badge.. "~ v Horace' McAHster was. convicted and fined 5s and costs for excessive speeding on a motor-cycle. ■Walter. Paisley, jun., was convicted and fined 10s and cbatß for riding a. motor-cycle with a noisy exhaust. , Wm. J. Donald waa convicted and fined 20s and oosts for d,riving a motor vehicle without a certificate of ability. • Stanley Hodgson, a cab driver, was convicted and' fined 'without costs for failing to return his badge and telephone key., i,.,. John. Thompson was': oonvicted • and fined lOe and costs for speeding on a motorcycle.. . ' I . ~ Edgar Ernest We«t was convicted, and fined 10s for leaving » motor-car unattended. Mary Bugg was convicted and fined 40s and coats on two charges of allowing cattle, to wander at large. r ASHBURTON. / Mr E. D. Mosley, 8.M., was on the bench at the Magistrate's Court at Ashburton yesterday, . . ' • r„.yr At a Bitting of the Juvenile Court,.* Wirislow school boy pleaded guilty to being in possession .of a firearm.' The police stated that the lad admitted writing a letter setting out hi* age to be 16. Mr Mosley remarked that the boy had got himself ino a nice' bole, and had lied.' The report of the probation officer was inr' his favour. The officer said he would like to have the case adjourned for sis monthe. The Bench agreed to this, but would not order the confiscation of the firearm.- "." A ten-year-old lad appeared to answer e> charge of arson. At the request of the police the charge was reduced to one of mischief. The boy had admitted that he had set fire to a washhouse. The Magistrate admonished, the boy, - and said he would bo placed upon his honour for 12' months not to get up to any more tricks, arid would be placed under the control of the probation officer.

John Fry, a second offender, found drunft in a railway carrinffe, was fined 10s, in default 24 hours' imprisonment. In a civil action, judgment for plaintiff by default was given in ,N. Wilson' v ; 'B. Glossop, claim £l3 14b 6d, with costs £2 Ms. • . On a judgment summons, T. H. Addis was ordered to pay the "Ashburton Mail; and Guardian Co." the sum of £7 forthwith, .in J defauit 'seven cfeys' unpriaonment. ' James -Mann Collett (Mr A*. K. North) pleaded guilty to. a breach of a prohibition order.. ?Mr . North said that Collett'e order was a voluntary one, and would lapse on. June 6th. Collett was' fined '2ob "with cost?, 1 in default seven'days' imprisonment. Alexander McDonald (Mr North) pleaded not guilty to assisting Collett to procure liquor. Charles Lindsay, who' had- had-'- a drink with Collett. and McDonald in 'the railway convenience,-.said he saw nothing' which would lead oini to believe that' McDonald had influwoed Collett to take a drink. The defendant -was fined £3 and costs. F. S. Nolan and BessFe G. Brown fir*. each fined.lDs, with'oosts, for riding bicycles/ without lights. ' ' Sarah M. Rickman, for 'using a'garden hose during prohibited hours, was ordered, to pay costs 7e. • IN OTHER PLACES/ : NEW.TRIAU REFUSED. (PEBSfI ASBOCUTIOH TBLHOBAJC.) ' ' AUCKLAND, Hay 30. Mr Justice Herdmah declined to grant a new trial in the case of the Hon. G.\X. W. McDonald v. Arthur Cleave, applied for on the grounds alleging that;the damages were excessive, that new material evidence had been obtained, that the. verdict wae obtained by the unfair and improper practices of the plaintiff's counsel, ' and the. Judge misdirected the jury on material pointy of law,