MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 57, 30 November 1907, Page 7

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr. W. G. Kiddcll, S.M.) FALSE. PRETENCES. A young man named George M'Donald,; alias Julian, pleaded guilty to a charge.,of having obtained a sum of £2 from Archibald Sinclair, of Brooklyn, by means of false pretences.

It was explained by Chief Detective ' 31'Gratli that complainant, a race-horse •' owner, residing at Brooklyn, was approached 1 by defendant, who represented himself as a ' jockey in straitened circumstanecs, on .which ! representation he obtained £2. Accused was ' a race-course "gtiosser," and had several pre- 1 vious" convictions against his name. ; Accused pleaded hard for another chance, 1 and complained that , every time he came out - of gaol he was pointed out by the police as a man who had just come, out' of gaol, and ■ thus they never gave him an opportunity ' of koeping'straight. If lie could get back to 1 Taihapo, where he had been working, 110 ! would endeavour to lead a straightforward 1 life. The £-2 in question had been refunded. . His Worship said lie was prepared to give 1 defendant a chance, ami would see' whether ! lie conkl keep his word or not. A conviction' 1 and fine of £5, in default 14 days' imprison- : ment, was entered, seven days being allowed ill which to pa.y : tho fine. 1 A GRAVE CHARGE. , | ; ALLEGED THEFT OF £150. ■ A DEAF MUTE AND HIS MONEY. -.When .the case against Archibald M'Nab. , alias John Sullivan —charged with stealing at Wellington' pn or about May 5, the sum ol £115 .in money'from 0110 David Sutherland— was called on, Mr. ]'. Jackson, who appeared ■ for the defence, asked for a remand, as the 1 case was, one of theft of money of an amount much larger than ho had been given to understand. If lie could believe an article which appeared in Tub Dominion newspaper that morning, there was a chance, in tho event of a conviction on this charge, that a more serious charge might be laid against Ins client. According to The Dominion, the victim of the, alleged robbery was said to have been found drowned in Wellington Harbour, and the verdict at tho inquest was that -there',was.rio evidence as to how lie had got into the harbour. It appeared to counsel tliat a Very serious charge might be laid. He' asked for a remand in order to bo able to , consult his client. The case was a very serious one in view of the circumstances surrounding it. Chief-Dotcctive M'Grath stated that there was not tho slightest suspicion that the alleged theft was in any way connected, with tho man's death. Evidence would show that the man* was. alive after the alleged theft of tho money. Hp objected to the adjournment,' as witnesses had been brought from a'l parts of the Dominion at considerable expense. Accused had been a week on remand, , and counsel had had every opportunity ot seeing .him,. The police had 110 intention of instituting further proceedings. Mr!'. Jackson said ho could 'not take the Chief Detective's' word that further proceedings woiild not he taken. It was not for tlie police to say.' Ho' had not seen his 1 client sinco .he saw tho articlo in Tire Dominion. What. the. article was published for ho- did not know., ft made him suspicious. If the chief'objection "was 011 the ground of expense, he hoped tho Court would not consider it. His Worship said' lie was not- prepared to grant an adjournment. Defendant had been remanded for a week, and during that time ho had had every opportunity of consulting his counsel. At.this stage the case was adjourned until 2.30 p.m. . On resuming, evidence was callcd. Alexander' Armstrong, gaoler at. the-■ Wellington^'PriMn,'. deposed that- a deaf and dumli man named David Sutherland was discharged from tho. prison on May 21 last after : serving a sonten'co of 0110 moiith for habitual drunkenness. Sutherland had £120 os. 3d. whou 110 was discharged—£s and 3d. in cash and a cheque for £115 drawn by witness 011 tho Bank of' New Zealand, Wellington. During the latter part of Sutherland s sentence there was a man named Sydney Hines in custody.; Hines was discharged the day' befqre - Hines had 110 money of his own,-. bjjt-.- was -.given Is. when lie-left., •Tlib cheque-i(produced) was tho one he had given Sutherland. , Sutherland was about sft. lOin. high, aged between forty and fifty, with hair and, beard turning grey. A slip of paper produced bpre, in witness's opinion. I,the handwriting of Sutherland.. Constable- -Bailey, watcli-houso keeper at the Lambton Quay - police-station, said ho knew a deaf muto. named David Sutherland, who was fined for drunkenness on May 23. Sutherland "paid : his fine —£I—-and was dis-' charged with £2-'ss. GJd. in his possession, also a cheque for £115 on tho Bank of New Zealand, previously produced; ■ . Annie Sherwin, lodging-house keeper, of 10 Abel Smith Streot, remembered a ucaf and dumb man named David Sutherland, who rented a bed from her at os. a week. Witness heard him go out of the house -'on May 27, about 7 or 8 a.m. Ho never returned after this. ■, To Mr. Jaoksoii': Witness was fairly positivo that Sutherland was in the kouso on tlie ni"ht of the 26th. ; ' Henry John King, teller in tho Bank of New Zealand, remembered cashing the cheque (produced) on May 27, and gave fivo £20 notes, fourteen £1 notes, and £1 in silver. From'tho change, he would say 110 had been requested to give it in that form. If he had 'not 'cashed the chcqno "to orders- ho would certainly not have given the silver.' jhe figures on . tho, slip of paper (produced) corresponded with tho sums he had/given when;;cashii(g the 'cheque. ' ''' Constable' Scott, stationed at Lambton Quay, said he knew tho man Sutherland whom he arrested for drunkenness 011 May 22. Tho man had a cheque 1 for £115 in Ins possession, also £3 ss. 6}u. in cash. Ho last saw Sutherland alive 011 tho morning of May 23. On June 18 witness assisted to take ,tho dead body <jf Sutherland out of the harbour. On searching the body, ho found one penny,'also the sup of paper' produced and some'note-books. To Mr. Jackson: Ho was sure it was Sutherland's body, as he knew the.man'.well, and ''recognised' his "clothing and several of the articles in his''possession. ' ' ; Re'-examiried : AYitness said lie could have' identified ; Sutherland apart from the clothes and the things iir his possession. Dete'ctive Cameron deposed that ho searched Sutherland's room and effects about a week after 110 was drowned, but could find no traco'of any of the money. Elizabeth Gibson, boarding-houso keoper, Courte'nay Place, knew the accused, M'Nab, who "stayed at her place for nino or ten wteks. -He camo to tho houso about May 28, and st-ayed-'until tho beginning of August. He had a bad hand and a bad armt part of tho time, and was doing 110 work.' John Janios' Ryan, labourer, Taihapo, said lie had'known the accused, M'Nab, for ten or eleven years. AYitness was in Wellington between May 21 and June 18 or 19. Witness deposed that he know John Sydney Hinos,-whom lie met about a week- after arriving in,.Wellington, at about 2 or 3 p.m. Walking up Willis Street, Hinos- met a deaf and-dumb ,man,/about sft.' 10 in., 55 or 56 years of age, with a board. Hines spoko- to the dumb man by signs, and whilst they wore, talking accused, M'Nab, walked up, and the three men, accused, Hines, and the deaf and dumb mail went into . tho Britannia Hotel. Witness stood 011 the opposite sido of the street, and saw t-ho three men come out of the hotel after about fifteen or. twenty minutes, and go up to tho Duke, of Edinburgh hptel. Witness walked up behind tho three men and went to the Albert, hotel corner.' He lost sight of tho men for, about ; five 'minutes, and then saw tho accused and llines coming out of the Jane by the .hotel. 1 M'Nab and Hines wont down Manners , Street., and ho followed them, as 110 suspected, they had "been through" the deaf ' and dumb man. When ho caught up tp them M'Nab said "Come on," and they went lip to the Cricketers' Arms hotel in Tory ; Street. Beforo going into tho hotel M'Nab 1 nave, witness a £20 noto, and told him tp act tho bushman, and ho would get it cashed ■ quicker than 110 (M'Nab) would. Ho ten- | dcrcd the £20, note to tho barman, who was ' unable to cash it. Hines then took the noto . and said he would get it cashed. Hines wont out with a mail called "Ginger Tom" to get the note cashed. After remaining for " ton or twenty minutes accused and witness went up Tory Street and saw Hines and "Ginger Tom" in Mrs. Daubney's second-hand shop. Hines and "Gingor Tom" came out ,after about twenty minutes, and Hines said he had got the. note cashed by buying some furniture. "Ginger Tom" left, and M'Nab, Hines, and witness went to an hotel close by, after which they returned to tho Cricketers' Arms hotel. In Tory Street they met a , man named Read, and another called f "Sliorty." ; Subsequently tho party went 1 to a Chinamnh's house, No. 44 Haining 3 Street, together with Read and ''Shorty." At the bouse M'Nab said he had o"it- fj Of)

from a deaf and dumb man, and pulled out about live £20 notes. M'Nab gavo- witness and Hines a £20 note each. Rincs .divided tile change he had got out of the first £20 notft between witness, M'Nab, and himself. Head and "Shorty" were present when tho money was divided, but got none of it. M'Nab,then left, and the rest.of the party, after liaving some drinks, took the tram to Kilbirnie, and went to tho Kilbirnie hotel. Witness called for a drink, and offered a £20 note in payment, but they could not change the note ill tho. hotel. The. four of them then walked over the hill to Newtownand went into an hotel where llines called for drinks and got change for a £20 note, mostly in gold. They then went to the Cambridge Hotel, where witnes. called for drinks, getting a cheque, for £15, drawn on the Dank of New Zealand by the licensee, 1 and tho rest in notes us change for a £20 note.: They loft tho hotol, but returned ,to .cash . the . cheque. The barman referred them, to tho bank. Next morning Hines took the cheqiio and .went to the Bank of New Zealand to cash the cheque :11c came out and. said he had got the cheque cashed all right, and gave witness £3 or £4. They knockcd about drinking all day and then separated. Witness did not see Hines for eleven or twelve days afterwards. Witness saw M'Nab nearly every day up to June 18, when he (witness) left Wellington. Sutherland's .body- was found before, witness left Wellington. M'Nab was in town! then, but ho did not know, where Hines/was. Ho had seen Hinos at' Ohakiina since.then, about July or August. Hines came to see witness about this case. Reverting to the happenings at the Cricketers' Arms on May 27, witness said lie saw a big lame man named Tyson in - tho bar. Cross-examined at length by Mr. Jackson, witness said'ho followed M'Nab and Hines, because ho saw M'Nab take the money out of tho deaf and dumb man's pocket at the back of tho Duke of Edinburgh Hotol. Counsol: If what you say is true, you-are, as bad as-M.'Nab.-. ■'. ... ,• " Witness:-Certainly.-!. >.'•• lie-examined by Chief' Detective M'Grath witness sa'id : :that, having- accepted-a portion ; of tho stolon money, he was not anxious'to say anything to tho police, but made astatement when it was asked for. Ho first met M'Nab in England, and was a shipmate with, him for a trip. • Annie M'Donald, barmaid, deposed that sJie worked at the Britannia Hotel in May last. Witness knew the deaf-mute .Sutherland by sight. I Sp far, as she remembered,. he was in the liotel about a month beforo his body was found in the harbour. Alexander Smith, licensee of the Cricketcrs' Arms Hotel, Tory Street, deposed that ho know the witness Ryan, who came into his hotel some time in May' with 'two other men. When witness would not cash a £20 note, accuscd'H'Nab'took up tho\iioto and wont outside- ..and -did ,not return to the hotol. llyan. and 1 the other, man remained ill. tho bar for about, fifteen minutes. To Mr. Jackson :-Ho could recogniso accused, M'Nab, , because ;liis attention was drawn to him at the time by cuts on liis facej and hands'. At this stage the case was adjourned,' accuscd being remanded until December 4. IDLE AND DISORDERLY. The girl Nellie M'Noill, remanded from Thursday on a charge of being .an idle and disorderly ' person with insufficient lawful; mcansi of; support, was (brought.-forward. . ' Mr. Kirkcaldie', 'who appeared for-the defence, asked tho Court to extend leniency to the girl, who' was an orphan, and liiid been" thrown on tho world at a.tender ago.'' She had had to fight her way without friends or relatives to assist her. Sub-Inspector O'Donovon: "The Salvation Army is prepared to take tho girl, but sho is not willing to go." ~ His Worship, to accused: "Are you prepared .to go to gaol?" ■ . Accused: "No! I would not-like to go there." •- : -v.- . His "Wttrship: '"You ! have your choico, andean decide." • • ' On.tho question of going to tli'o Salvation Army Homo being put again, at tho suggestion of counsel, fondant "supposed sho..woii 1 tl>-go'""'-V '„ His Worship remarked that it seemed to him that by herself defendant would stand a poor chance of getting along. However, lie, ivas prepared to give her a chance,.' and would enter a conviction', and order, hc£ to como lip for sentence when, called upon, on condition that she went into the. Army Home for three months. SUNDAY TRADING. Edward Aitken, fruitbrer, of '''Adelaide Road, was charged with liaving kept his shop l open on Sunday, November' 3; 'for the purpose l ' of trading. • A olea of "Not guilty" "was entered. Defendant contended that the goods alleged to liavo boon sold had been purchased oil the Saturday night, and lid' had been unable to deliver them on account of an injury to his arm. The purchaser of the goods called for them on: tho Sunday, and took' them away. His Worship hold that defendant must bo convicted under Section 16 of tho I'olicc Offences Act. -. Defendant might liaVo acted in ignoraiicc, but the fact .remained' that evidence showed that the shop had ! ''boeh open .when, it' should have' ■boon shut; 1 , ■ iV conviction and .fi'iio of 'lOs. with costs.;l2s., in'default seven diTys' imprisonment, w-'as'imposed. ' • . A similar chargo was preferred against Charles Munro, of Manners Street, wiio entered a plea of "Guilty." Defendant w'ao convicted, and fined 10s. and costs, 95., in dofault seven days' imprisonment. - MISCELLANEOUS. '•'< i A middle-aged 'man. named Wm. Smith pleaded "Guilty" ,tp a-.charge of using ob:; sceno language to a Chinese in Molesworth Street, and was convicted and fined £3 in default seven-"days'-imprisonment. For 'importuning ■ 'in ; Courtonay • Place, AnnieMorolyno, alias Johnson; was cbiivictediaiid ordered to come up for■ sentence, when called upon.- '■ John • Crawford was convicted arid fined ss. and costs, 75., in default 48 hours' imprisonment, for failing to send his child to school. . . • ' : Peter Brown, an .olderly .man, was convicted and sentenced to 14 days' imprisonment with hard labour on a chargo of having wilfully 'committed a grossly indecent act ( in Tinakori Road. Lizzie O'Flynn, with a long list of previous convictions against her name, appeared on a charge of drunkenness in Tarar liaki Street. His Worship was about to sentence, defendant to one, month's _ 'imprison-' incnt \vil9n .representatives ,pf ' the Salvation Army popped ' forward • and ydfferqd. t'o .toko chargo'of :thc woman. liv yiow of the action of the Army authorities, His Worship entered a-conviction] and ordered defendant to: conic up for- sentence when callcd upon, 011 condition that sho would go into the Army Homo for three months.' A fine of £3, .in default 14 days'.imprisonment, was . imposed upon George Frederick Soley, charged-'-'with • • assaulting • a constable whilst in tho execution of his duty.