MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 55, 28 November 1907, Page 7

MAGISTRATE'S COURT.

(Beforo Mr. W. G. Riddel),. S.M.) J ■' COMMITTED FOR .TRIAL... = ' John Moffatt and Charles Mack, alias Osborne, appeared'rofii-rcnia)ia-oaito«dH«rgo; : bf.' stealing from Barrett's Hotel a quantity!:'.of jewellery and silver toilet-ifiiM. valued , iff, £7, the property of a named Henry Martindalei-' • >:■ Chief DetectiVo M'Grath ; prosecutcd,' and' Mr. P. Jackson appeared'for. tho'defence.. Hei,iry Martindale, 'bookmaker;': living it Barrett's Hotel;. deposed- that,' 'about - November 12, he missed the several articles mentioned in tho information'from his-, room. : Tho value of the articles was about £9. .• Anyone could enter'tho room'as the' door wis notlocked. ]•} Abraham Bahrst,-:' pawnbroker, stated that on November-IS: both-tho accused called, at his office about' 6 'p.m. Accused Mack asked him if ho. would,l.iko to buy some jewellery, and witness saitlYes.''-: Mack offered somesleeve links,' a1i(l» theiY werit out,- retiming : later with Moffatt.: They then offered some silver-ware, arid':Moffatt.- went .away- to get jt; hut on his return said he.could-not get it as somebody was out-. Both- ileft. then and came back; later, - Mack"' bringing : thearticles (produced),-'which-.witness purchasedfor £1. Mack gaV'6'his name as" Clancy, but tho other accused' gave'.rid' n'amd: I .''' • To Mr. Jackson The--; articles-''were in Mack's possession the* whole" tiiftfy arid- were' never handled by.MofFatt. Kit . - • Detective Cameron :depos6d -that'' wfycii '1.e., charged M.offatt .with'.tile offdiicb ho repliedthat lie knewi nothingabout. it. : Mack gave, a answer"/' ...' V'"ST" "' r ' Mr. Jackson : cpiiteridcd' tha€'thcrb''''wa6-no evidence against'either of; ;fhq f 'accused of having actually -stolen' '$hi>. ( prppfertj'r liy fact, it could not' be : prbved'th|it t-liei', were near the hotel at..all. -!;.' Tlfp 'only,'eyjdenqe' against defendants I'lliflb ..tli^y;had ,disposed of tho_ goods.% ;;2 His Worship.,t'Hjt lie'Svas "satis-.' fied that- there was ',s'ufficiqjit ; .evidence to make a prima faci'o, case,.,'! - v ' j ' ". : • Both of tho. .accused,'' who ',ple.a.dcd! "-Not guilty," and reserved 'thpir; "dpffinde,w«r«comniitted to the Supremo,-Court,for-trial. Bail was allowed iii siiiiis of .£75 each,'and two sureties of .£37;' lOs'".' edcK 1 , II THEFT OF T BICYCLE John Ernest r Watts, : until'- recently a fireman on tho Shaw,""Savill steamer Maori, camo forward for'sentenco for'flio theft of.a' bicycle, valued" at .CIO; a .brief bag,, value 55.; a fountain pen, value 15a.; a 'tiratf-book, value 55.; and £2.'95. 7d. iu cash, the property of John Koeti.,' v " ; "V .;... His Worship' in giving; hig;decision, .re-', marked that although Accused": said to was under tho influence of liquor' at' tho' timo the ' offence was committed, "tho'evidence of witnesses for tho prosecution showed that ho was not as drunk' as ho professed to be. In anv case, tho fact that lie was..under the influence of liquor was no excuse fqr having committed tho offence, 1 aiid - ho. must bo penalised as a'_: detcirraiit''t'o'.' others'.,!.' Ho' would bo convicted; "arid; seiiyftced',;i<i: <siio month's imprisonment;jwith hard,labour. ' ; BY-LAW CASES.' A number of charges of allowing horses and cattlo to wander wero brought by tile lvarori Borough Council.;. Amos Heaton was convicted and ordered, to'pay qosits -7s.Albert Adams, Catherine ttailantyne, Thomas Campbell, and Daniel Griffon wer'6' lined 55.,and costs 75.; Richard J. :Tarr and Aliccf Wicknia.il wero fined 10s., and costs 7s. Arthur L. Williams; prosecuted bv tho Eastbourno Borough Council for allowing a horse to wander at Rona Bay, was fnied os., and costs 7s. ' NEIGHBOURS,AT LOGGERHEADS. Tho sifting of a disagreement, between two femalo neighbours in the lvarori district occupied over an hour iir tho "afternoon.-'; 'Join • plainant, Mrs. Catherine Ballantino, charged Mrs. Sarah Hemsley with having assaulted Tier and hor daughter, and applied for sureties'of the peace. Mrs. Hemsley in turn eharged Mrs. Ballantino with assault" aiid wilful trespass., Tho whole trouble arose through two cows belonging to Mrs. Ballantinfe straying on to property owned by • Mr. Hemsley.' Beside tho two cows, high words; sticks,-and a sliprail fence wore tho outstanding features of, the disagreement which led to tho Court proceedings. , i His Worship considered' the litigants should never have brought the case. into.Court;'as, with a little forbearance on both pides,* tho matter might liavo been, amicably- settled. Mrs. Hemsley would bo convicted' of having assaulted Mrs. Ballantino, and.-w;puld bo ordered to pay costs £ 1 Is, although' no penalty would ho imposed. Ifpr.asga'ulting.Miss •Ballantino she would .be convicted, without penalty or costs. The .application for sureties of the peaco would bg'dismissed. In reference to the cross actions.'His Worship held that tlie charges of assault mu.it be dismissed,- but a conviction wifljout costs would lie entered against Airs. Jlallantino. for."wilfulMr. Williams, appeared, for .Mnj. Ballantirie, and Mr. Bolton, for Mrs. ■ Hqmslcy.; .. . CHARGES OF-PERjt'-RY WITO An-application"' Vra's 1 Made by MK'"KirkcMdio for leave to withdraw two charges of perjury,

Phillip,' John Murtagh v. Frances Helen -The informations were originally laid as a result of the Murtagh case. In making the application Mr. Kirkcnldio informed the Court that the matter had boon satisfactorily explained by Mrs. Loigh. Accused said she was _unwcll when she made a statement in the Lower Court concerning tlio filling in of ' a-birth certifies to'in a certain manner. Tho point , was a material ono in the evidence, and, m L tho, opinion of tho prosecution justified:, tho laying of the charge which, after ~ hearing :tho explanation of defendant, it was now asked should be withdrawn. _ Mr. .Wilford.considered the prosecution of -Afrs.. Leigh was unwarranted from tho baginningj and remarked that it was just as Woll .it should bo withdrawn, " ' His Worship, said a charge of perjury was a .-serious matter, and the Court-could not allow, an. information of this kind to be with- | drawn' without good reason. His Worship qmto agreed-with Mr.- Just-ico Cooper's re'marks,in the Supremo Court- recently in referonce to,the institution.of charges of perjury proceedings in the Lower Court and before proceedings in the Higher' Court were commenced. Under the circumstances as explained by counsel,, however, the .Court was prepared to allow the information to be withdrawn in this instance. ■ PETTY THEFTS'; ■John .Morris, a wharf labourer, appeared im remand r on two charges, the first of theft . of'three .tins of'salmon, valued at 25., and " 'the second'of the theft of a bag of potatoes, valued at 10s., both tho property of the Wellington Harbour Board.' Aplea ! of-guilty was entered to the first charge, and not guilty to'tho second; ' !. '>■ ■' Chief-Dotectivo M'Grath prosecuted, and "Mr. P. Jackson, appeared for the'defence. . During tho hearing of the' ease it was stated that accused was working'in "C" shed on the wharf,'■ loading carts with potatoes. Ono .bag of potatoes disappeared under. suspicious circumstances from one-of the stacks, and was foiind in a; nosebag in ' tho shed near the spot where accused was working. '• ' r.. ' Detective R-awle stated that when accused jvas arrested he said, " I know nothing about it.. Holland has mo set.'' Subsequently, When on tile way to the police station, accused took a tin of salmpn out of his pocket, and said, "Give, me a chance, ,Rawlo; let /mo throvr this-tin of salmon away." .. Morris denied any knowledge of the nosebag until lie saw it on a cart. , : Mr. Jackson pleaded for leniency, for accused, who had been* working on the wharf for the past six years, and had worked hard and lived an honest,. straightforward life. A. number of looso tins of food were lying about '• : the wharf, and defendant had been'tempted, and picked up one of these and,put it'in his pocket, not thinking,of the offence as one of. thqft. Defendant, was not-thp,. : sort of mail; wlio would go into li shop -or dwelling 'and deliberately tako anything. ,f : He;,would therefore ask for leniency on the-charge to which defendant had pleaded guilty. ; His Worship remnrked that neither, of the articles taken was of any great value, but it'. Was not tho value of the'- articles ' that constituted the seriousness of t-lie offence. Defendant was \y,orking in a public place among- a great' number of others, and when a theft, of this kind was committed tha : matter jvas reported to those in control and suspicion was cast upon everyone by. such an act., ..Although no one had actually seen defendant placo tho potatoes in the nose- '■ bag, tha Court-must convict accused in view • of the evidence for tho prosecution being .met by defendant's word done. On the first •charge l lib won(d be convicted -and:-sentenced to : seven day's' tajmsonment, and''on the second charge ii'.coiiviction and fourteen days' imprisonment must ,bn recorded, " the sentences to be concurrent. i - MISCELLANEOUS. Joseph' Lee entered a plea of guilty to a charge of theft- of . one fowl, valued at ,35., the property of Harry Boecker,. and pleadeo' that ho was under the influence of . drink al tlio time tho offence was committed. ■ Hi; Worship said this, defence was not,sufficient < bxcuso. for committing tho offence.- ~lf 20 cused got under, the. influence of liquor, and whilst .111 this condition, committed' a theft lie lmlst ; pay the penalty. He would be convicted, and fined.. 10s., and costs 65., in do fault.4B. hours/imprisonment.'-An.-.information against William Christopher Coster and Jossio M'Ewen, charged with,having committed a grossly indecent ncl in the Marjorihanks Street resorvo 011 Novpniber::22, was dismissed. In discharging defendants, His Worship held that the evidence for the prosecution was not sufficiently strong. , ... For'drunkenness, Thomas Reeves was convicted and fined 10s., in default 48 hours' •imprisonment, and George Bennett was con--yicted and, filled 205.-, in default,v;4B hours' imprisonment, for ay-similar 61fenCe. One first offender was convicttxl arid fined 10s., in default-48 ■ hours' imprisonment.-.:)' '■ ,-