MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 45, 16 November 1907, Page 2

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddoll, S.M.) THEFT OF A GUN. Robert Hackett, alias - Sydney Robert Leone, pleaded guilty to the theft of a double-barrelled gun, case, and fittings, the property of Leonard George Birch. Chief-Dotectivc M'Grnth stated that went to board with Birch in August last, and took the gun and pawned it ror £2. On bciiig asked for the gun, accused said ho had left it at a hotel. Subsequently he loft Birch's houso without paying his board, and was at length arrested at Hastings on another charge. Accused was' a comparatively recent, arrival in the colony, and, as far as tho police could learn, ho had dono very little work and hnd victimised sovcral boarding-house keepers. Accused pleaded for a chance as tho act was comniitted whilst ho was under the-in-fluence; of drink. His Worship entered a conviction, and sentenced accused to twenty-one days' imprisonment, with hard labour at Napier prison. An order was made that the gun should bo returned to its owner, and that the sum of £2 should be paid to the pawnbroker. A COLLECTION OP OFFENCES. A seaman on tho steamer W.irrimoo, Roderick Wilson, appeared to answer three charges—(l) Drunkenness, (2) assaulting a child two and a half years of age, and (3) wilfully disobeying the lawful commands of the master of the Warrimoo.

It was stated that accused was under the influence of liquor, and his behaviour caused

considerable trouble on the 'steamer. The wiro or ono of the passengers was coming down the gangway with her little boy when accused nicked the child up and roughly dropped him on the wharf. The child was Hurt by the rnugh treatment, and when its mother remonstrated with accused he swore at Her. Subsequently accused refused to go to Ins quarters when commanded to do so uy one of his officers Accused stated that he remembered nothing of the incidents referred to. Un the first charge he was convicted and lined 55., m default twenty-four hours' imprisonment and on the second a conviction and fine of 40s. and costs 65.; in default seven days imprisonment, was imposed, whilst on the third information he was convicted and fined 10s. and costs 75., in default forty-eight hours' imprisonment, the sentences to be concurrent.

FALSE PRETENCES. 'u Em il'rn Hylaud > dlias Lona Ko 6 en > alias May Williams, was brought forward for sentence on charges of having obtained goods, valued at 255., from Everett Bros., of Nelson, and a bicycle, valued at £14 10s., from C. \\. Boyd, of Takaka, by means of false pretences. His Worship remarked that both offences were of the same character. Tho bicycle had been recovered, but the goods mentioned in the first charge had not been recovered. The Court was prepared to give defendant another chance. She would be convicted and ordered to come up for sentence when called upon on both charges, on condition that the value of the goods' obtained from Messrs. Everett Bros, was refunded within one month,-and provided that she made an effort to get employment. Defendant was warned to act,in a way that would not be looked upon with suspicion"by the police. .. . ■ '-...'. "'.V

BREACHES OF THE' PEACE.: ■ • ' > Two men named John O'Connor and Joseph Day came forward on a charge of having behaved in such a manner in Uustomhouse Quay as to cause a breach'.of the peace. O'Connor pleaded guilty' arid"-Day not guilty. Evidence ..showed that thetwo men were arrested for fighting outside the Pier Hotel. O'Connor, under the'impression that Day had picked up some of his change off a hotel bar, attacked Day, but subsequently found out that ho had pro-' oeeded against tho wrong man'. ' Witnesses deposed that .O'Connor, appeared to be attacking, and Day defending Himself..'., His Worship considered ' thatV so; far as' Day was concerned, ho was only acting in self-defence, . and the' charge against him must be dismissed., O'Connor had. already , been penalised to some extent by., missing ' the boat on which ho was' employed and losing his clothes and his change. He would be convicted and fined ss. and costs '3^.

BY-LAW CASES. ; • .•"•' Complaints made by certain residents' of Murphy Street led to James Anderson,.and Mmotti JVrandi being charged with .having allowed offensive liquid to run from their ■, rospoctivo drains in the above street. Evi- ' deuce showed that the drnya .contained' crushed grain from a brewery,, liquid, frbin which was flowing out of the carts. ..It was admitted that there was no unpleasant ".■. smell from the grain, or from the liquid' as 'it ■ fell from the carts, but it was stated thai after., tho liquid ha dbeen on the roads for. about an hour and especially after..the.suit--'' had been on it, an offensive odour arose. '. Mr. Blair for the defence contended that.;' under tho wording of the by-law, defendants. had not allowed offensive matter to/all on ■• to the street, but had allowed matter to fall which might becomo. offensive. • ■ . His Worship held that the evidonce eliowed that there was a nuisance arising in this particular street. The evidence as to the'' offensiveness of the liquid as it left the carts was not conclusive,, and ho must, agree with tho argument put forward.by Jtr.Blair It seemed ,to. the Court that .the matter l was ~ one that could-be easily, remedied, and, the .'•■• case was a propen.one for.the..Corporation to ... take .action in;: but under, .the; present, by-..- -.:- law tho information must be dismissed, with-., out costs. :Mr.' O'Shca ■ appeared' for-., the-; -..• Citv Council. ... •> . ..'.<. . '.-/■.

Malpblm .convicted, and fined.. Is. arid costs, 125., ih'defaiiVt 24 hours' ini-., prisonment, for having ridden a bicycle on tho Queen's Wharf, on. October- 19. -Henry Corrick and George Reid were each' cotivlfcted and fined 25., with costs, 75., in default 24 hours' imprisonment, for'• having ridden bicycles in Tory Street at night with-. out lights. ' , William Martin, a butcher, was. convicted and fined 3s. and costs, 155., in.default 48 \ hours' imprisonment, for having, allowed a. horse to stand on tho footpath in Ghuznee . Street. . ■.•.■,-■:':■,-. James Johnston, a fruit vendor, pleaded ■■ guilty to a charge of- having loitered in. Garrott Street on October 26 after having been directed by a constable to' move on, and was convicted and ordered to pay costs, 155.,

BOTHER AT MIRAMAR, James Miller, remanded from .Novembei 11, appeared in answer to a.charge of having wilfully broken two panes of glass, valued at £1 10s., in a tramcar at Miramar oii November 9, and with shaving assaulted Charles M'lntyro and James Booth on the same occasion. Accused, who was dofonded.by.Mr.. Herdman, pleaded not... guilty. .... , '. Charles M'lntyre, undertaker, stated that ho was about to enter the smoking;compartment of a tramcar at Miramar. on'tho date mentioned in the information,- when a maa grappled with him,' catching him by the throat and pulling his bottom lip down with . his fingers. The only thing witness could do to make the man lotgo. wasto.bite hie finger. Subsequently, wjtnoss saw a man. •■ throw something at tho. car window. .'A stone came through the window and hit a passenger who was sitting • inside the.-.icar. Several passengers gave chaso, and fouiid a man lying in ,tho grass. He gave;his name as' Miller,, and denied that he was tl(e person who had occasioned the trouble.,.- ....'■•■ To Mr. Herdman: The bite ho had given > tlio man was of. such a natufo that : he thought it would, still be noticeable, and if accused had not a bite on his-finger he was probably not tho man with whom witness had' tho struggle . ••• .... . •■-»'.•: ■-.'.' : After, several/further witnesses fir *tho prosecution had been called, tho hearing of the , case was adjourned until Monday to enable" further evidonco to be called; . ••• ■■■■■■ • Charles Fholn was charged with having disobeyed an order for the maintenance of his illegitimate child, and was convicted and sentenced to one month's imprisonment, warrant to bo suspended so long as defendant pays 2s. per week off the arrears"(£4 lus.;. Mr. Fair appeared for defendant.■■■■■'•

' CIVIL BUSINESS. ■.:•■;.'. ' " r . (Before Dr. A. M'Arthur, 5.M.). : . ■ ;; , Judgment was given for plaintiff- in r tha. following civil casos:—Herbert Hill v. Beagley and Sloan, £9 11s. 5d., costs, £1 (3s 6d.; .Empiro Loan Company, Limited v. Mrs. Al. A. Wilkins, £9 4s. 10d., costs,..£l ss. 6i. , . RESERVED JUDGMENT. . . A TRIVIAL ASSAULT.CASE. • Reserved judgment was given by Dr. A. M'Arthur, S.M., in the case R. L. Vail (Mr. Ayson) v. E. Bennett (Mr. Jackson), and Bennett v. Vail, cross actions for assault. The alleged assault took place at the Skating Rink at tho Lower Hutt, on October 28. His Worship said there waa ovidently ill-feeling between the parties owing to some civil action between them during that day. A largo number of witnesses had been called en each side, and these could be divided into two classes: tho volunteers, who supported Vail's case, and the bandsmen,' who supported Bennett. These witnesses wore directly opposed as to who had. struck, lirst blow, and as to whether or not there. was any kicking.. His Worship said the case at worst was a trivial one, and should nover .havo troubled the Court. The Court was nnablo to say from tho ovideuce who began the . assault, but as the caso was so trifling, His Worship had no hesitation iii dismissing both informations. •■.'.., MISCELLANEOUS. Hdnry Thomas was convicted and ; fined 205., in default 7 days' imprisonment''.for drunkenness, and Nestor Hellstbn and William Ballautyuo wore conyictod and fined 10s., in default 48 hours' imprisonment, for chargos of drunkenness. Two first offending inebriates wero convicted and fined 55., in .default 24 hours' imprisonment