MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 67, 12 December 1907, Page 5

MAGISTRATE'S COURT.

POLICE CASES

; . (Before Mr.'W. G. Riddell,'S.M.) FORGERY. v.-Charles Biirney, alias Boddington, appeared on. a charge of having forged the name of James Bell to a cheque for £15, and having;uttered the cheque to Walter Middleton.'.-"- •' Chief-Detective M'Grath conducted the casd : for. the prosecution. -i "Walter W. Middloton,, licensee of.the KaiWarfa Hotel, deposed that accused called at 'his ' hotel. on December 3 and tendered a ohecjne for £15, signed by John Bell, and drawn on the Bank of Australasia, in paymerit for-three drinks." The'.'cheque "(producwl) was the. one accused placed on the counter. * Witness refused to cash it, as he knew the signature of Mr..Jantes Bell.' AcP; us ,®.d said he had been.working on a station iPP. H'e country, and had been given 'the •cheque"by Mr. Bell. After a good deal of talking, witness- gave accused £3, took tho Cheque,. and • promised to meet him next morning.. -Accused was-arrested' that, even"JK- On presenting the cheque at the Bank of Australasia: it ,was returned marked' " no account." , ,

Kbenezer Pike, clerk, stated that accused offered , him, a position as dork on a sheep station .twenty miles from Blenheim, owned by.his uncle,' Mr. Bell. Witness lent accused £1, and subsequently advnncod another £3. On December 3 witness met accused 'and asked him for the money he owed. Accused 'showed witness a cheque (produced), which ho endeavoured to get cashed at the Empire Hotel, without success. ■ Witness and accused then went to Kaiwarra and tendered the cheque, receiving some change. _ Arthur C. Thynne, ledgor keeper in the Bank of Australasia, deposed that the cheque produced came out of the cheque-book of Mr. Griffin, licensee of the Pier Hbtel..

: James Bell, manager of TTillersden station, Marlborough, said that the cheque produced -was- not signed by him, and, further, he had no .account at the Bank of Australasia. :7 -Mary M'Millan, bookkeeper at tho Pier Hdtel; deposed that she know accused by the name.of Ellis. •He was stayiug at the hotel, and "on December 3 he came in and asked for ; the ! licensee and got a oiank cheque from hint:.'- He asked -witness to fill, it in, which she- did.. The cheque produced was the one accused had.

; Defective. Andrews deposed that when he arrested the accused he said ho had boon Working at Hillorden station for, Mr. JSell. Mrl. Bell was away when he left, but he met liiiri' in the Pier Hotel, where he squared up by,-giving him a cheque for £15. On arrival ail"the' police-station accused said, "I have beoii'a"—— fool. I have been drinking for tho'/past six weeks, and uid not know what I'was doing. I will plead guilty." Thik concluded the' case for- the prosecution. '

Accused pleaded "guilty," and was committed to tho Supreme Court for sentence.

A SECOND CHARGE,

i/A' second charge - was preferred against Burney-of'causing a telegram, alleged to-be signed by J. Bell, to be sent with intent to defraud. !

.' Ebenezer'Pike Stated that he lent accused £5 oh -the strength of a promise that accused} who represented himself as being tho nephew-; of Sir. James Bell, station holder, Marlborough, wonld get him work- on his uncle's- station as managing clerk. On December'. 3 witness received tho following telegrani- put in at' Wellington:—"What arrangements Burney makes with y'ou I will stand" to.—(Signed) T. Bell." . James Bell, manager of Hillersden station, Marlborough, depospd that he had never sent; or authorised anyone,to send, the vdlegrafn (produced). Accused was no relative of-' his: • . . ~

: Accused pleaded "guilty," and was com--npitfted-to'tlie Supreme Court for sentence.

dTOIIGEItt, .'OF WITHDRAWAL SLIPS,

■ i A young man named James Patrick Busblidge, alias Thbmas'Hoiiderson, was charged ,with. forging the name of Thomas Haining to j a/Post "Office Sayings Bank withdrawal slip : fOrd£22los,; and also with forging the same dnaitfe to a deposit slip for £13. . i; Th'ohias Haining, boilermaii at the Royiil i.Oak''Hotel, deposed that the bank book produced' belonged to him. He kept the book in a'portmanteau under the bed'at his lodg-.ifijgsj-';:27 :Taranaki Street. On October 20 .witness examined the hook, aiid noticed-that £22 10s. and £13 had been'drawn' since lie mado it-ho Jasfc deposit. Witness did not make the withdrawals, and did not authorise i anyone to do it. The book must have been ' taken- outj tho money drawn, and the book •returned to the bag. Witnoss knew accused, ; nnd had seen'him in his-room on four occasions. On Octobor 18 accused slept in a spare bed in witness's room. Two withdrawal receipts (produced) were not signed by witness. • . Harry I'Y C. • Uringczee, clerk in the Post ■ Ofiice Savings " Bank, stated that the bank book (produced) wan presented at the bank on Octobor 15. Aftor witness had compared tho signature on tho rcceint with the : signature on the book, ho handed it back ; to thq person who presented it. i Similar ovidence was given in reference to .the second withdrawal.

William Raymond, express driver, stated that lie occupied the same room as Haining. Hcjknew accused as James Henderson. Accused had been to witness's room, but had no-authority to go there alone. • On one occasion accused'slept in the same room nr,' witness and Haining. Haining left the house about.- 5.15, and witness at 6.30, leaving accused in bed. ; About a week previous to this accused said ho had'it. key which would fit any.portmanteau, and said be would like to try it on Haining's bag. Witness would not .hear of it. ....

Jane Fitzgerald, with whom Hnining and Raymond lodged, deposed that accused had come to her. house, and asked for Raymond. On one occasion accused went up to the room when Raymond was out. Haining left accused in the room.

Chief Dotcctive Herbert, of Rnnndin, stated that he arrested accused at Dumxlin on November 30 on the present charge. At the police station accused made a statement to the effect that what Raymond had told tho police- was correct. It was on a night he went to the theatre with Raymond that lie stole the bank book. He said he drew the money in two instalments. Hnining's bag was not locked when he took the book. He put the book back after he took the second sum from the bank., He had slept in Haining's room the previous night. Accused ploaded "guilty" to both charges, and was comriiittcd to the Supreme Court for sentence. ' THEFTS FROM AN HOTEL. Jas. P. Busbridge was also charged with the theft of a gladstone. bag containing goods valued at £5, the property of David Pace, and a pair of hair brushes valued at 10s., the property of George John Wallace. Accused pleaded "guilty" to both charges. Tho polico stated" that accused stole the articles from a bedroom in the City Buffet Hotel, and had-thom in his possession when ho was arrested in Dnnedin by Chief Detective Herbert. He did not appear to havo disposed of "any of'the goods. Accused was convicted and fined £5, in default two months' imprisonment, on the first charge, and on the second charge a lino of 10s., . in default seven days' imprisonment, was imposed, the sentences to run concurrently. . Tho property was ordered to be restored to its owners. OBSCENE LANGUAGE. An able-looking young man named William Steven, described by the police as "a confirmed loafer," appeared on a charge of having used obscene language in Jessie Street. After hearing the evidence for tho prosecution, His Worship expressed the opinion that the language mentioned in the charge .was disgusting, and convicted ; and fined accused £5, in. default fourteen days' imprisonment. 'VAGRANCY. . Samuel Cates appeared on remand on, a charge of vagrancy. Accused was convicted and ordered to coirio up for sentence when called upon, on condition that he wont into the Ohiro Home and remained there. Margaret. Webb appeared on remand on a charge of being an idle and disorderly person. When accused"was. first before the Court the caso was adjourned to allow tho police to make inquiries. After tho position had been explained to the Court His Worship gavo accused the option of going into the Salvation Army Home or to gaol. Defendant was not prepared to go to the Homo, and consequently she was convicted and sentenced to two months' imprisonment with hard labour.

. ASSAULTING A CHINAMAN. Two young men, Augustine Devitt and Robert Lander Morton, described as labourers, pleaded "Guilty" to a charge of assaulting. a Chinese named Young. Sing. It was stated-by the. police that the two men wont into a Chinaman's shop in Cuba Street for some cigarettes,V and before leaving assaulted thn Chinaman mentioned.. Devitt was' also charged with wilfully breaking a pane of glass valued at 205., the property of Lcong. Suen Roy. On tho charge of assault both accused were convicted • and-'fined 405.-, in default seven daj>s' imprisonment-. Devitt- was convicted and fined 20s. on the second charge, and' ordered"to pay'2os., the value of the pane of glass, in-default seven days' imprisonment, the sentences to bo cumulative. "THE FEATHER GANG." Threo small-boys,'eight years of age, the tallest''not higher* than tho Clerk of the Court's desk,, were haled before the Juvenile Court- to answer a 'charge of breaking and entering the promises of Messrs. Stewart and Co., in Courtcn'ay Place. The boys bolonged to the " Feather Gang,'' which combination of juveniles 'has gained some notoriety of late. ' -

. It was stated by- the police that the youngsters clambered over the gate of complainant's wall, broke a couple of panels off tho door, and entered the sawmill, and smashed over a score of electric light globes. They subsequently entered the office and did some damage. "Defendants also broke some electric light globes in Messrs. Halley and Ewing's mill, and spilled and smeared paint in a shed in the Union Company's yard. Chief-Detective M'Grath informed the Court that he was of opinion that it would be in the public interest to send tho hoys to an Industrial' School, as their parents- appeared to have no control over tnerii.

His Worship remarked that two of the boys had already been before him on similar charges, and they had no sooner had their whipping than they started upon some new mischief. The three offenders would he ordered to receive six strokes of the birch by a constable in the presence of a sergeant, and two of th'eny would be committed to Biu-nham Industrial. School. If the third lad camo before the Court again ho also would be sent to the Industrial School. The amount of damage, £2 10s., must be made good by the parents of the children in equal proportions. BY-LAW CASES. A number of by-law cases were taken in both the upstairs and downstairs Courts. For allowing'horses and cattle to wander, George Hunt, George Gooch, Daniel Hickey, Arthur Bradshaw, Richard Lowe, and John Kelligher were fined us., and costs 75.; Richard Benge, Jack Wilkinson, and Francis H. Walker were fined 10s., and costs 7s. Samuel Good was fined- 155., and costs 7s. Frederick Luks, George Smith, and Reginald Welsby were cach fined 205., iiii'd costs Is. David Andrews was fined £2, and costs 7s. '

For riding bicycles at night without lights fines were inflicted as follow:—Albert Wni. Corpe 35., costs 75.; Samuel M'lver, Frank Marchant, and Samuel Michael, os., and costs 7s. .

: For allowing vehicles to remain standing in public thoroughfares for longer than was necessary 'for the loading and unloading of goods Frederick Butcher was fined 10s.,- and costs 75., and Percy Sanders las., and costs 7s.

Walter Sprowell was fined 10s., and costs 75., for leaving a horse and cart unattended in Vivian Street. • • MISCELLANEOUS. John M'Dermott was convicted and fined 10s., in default 48 hours' imprisonment, 'for insobriety, and two first offenders for drunkenness were convicted and fined 10s., in default 48 hours' imprisonment,' and ss. j in default 21 hours' imprisonment, respectively! A youthful clothier's assistant, ■. named Samuel Dimdoro, through his next fribnd, Wolf Dimdore, sued Alexander Dimdore, clothier, for £10 55., made up as follows:— Balance of wages due to November 4, 1907, at 17s. per week, £7' 55.; money lent on May 16, 1907, £2 10s.-; and boots sold, 10s. After a partial hearing the case was adjourned until this morning, on 'account-, of the non-attendance of a witness. Mr. Levi appeared for plaintiff and Mr. Kirkcaldio for defendant.

CONDEMNED PREMISES

CITY- COUNCIL' TAKES ACTION.

(Before Dr. A. M'Arthur, S.M.)

Application was made in the • name of James Do.vlo on behalf of the City Council for an order for the demolition of a certain building known as No. 205 Lambton QuaV occupied by Messrs Warnocl; and Adkin, ami owned by Mr! Hamilton Gilmer, against whom the order was sought. The proceedings were takon under the provisions of the Municipal Corporations Act, 1900. Mr. Myers (with .him Mr. O'Sliea) appeared for the Corporation, and Mr. Skerrett, K.C.,.for the defence . ... ■ • , In opening the pase for the prosecution Mr. .Myers stated:that the District Health Officer in March of this year gave a certificate under the Public Health Amendment Act, 1003, that tha premises in question were in a condition dangeroue to the public

health, find should, in his opinion, be ordered to lie pulled down. A notice was accordingly served by tins Corporation on the owner, requiring that that bo done within six months, that period being allowed so as to cause as little inconvenience as possible to the occupiers, and to prevent the dislocation of their business by affording them ample timo to sccurc other premises. Instead of pulling the building down, the ownor had, counsel pointed out, expended a substantial sum in effecting certain alterations and improvements. • However, the causes which operated to make the premises dangerous to the public health before the improvements wore effected still existed. Moreover, in effecting these alterations and improvements, the owner-had, it was alleged, acted without a permit from the City Council, and in defiance of the city by-laws.

l)rs. Frcnglcy, Hector, and IMakgill gave evidence to the effect that the premises were, still in a condition dangerous to the public Health, and that the alterations and improvements had not appreciably affected, the condition of the premises. The conditions which the doctors found upon inspection were, according to their evidence, likely to proniote-pneumonia, phthisis, and other inicrobic diseases, and also rheumatism. The principal reasons stated by the doctors as creating' the. conditions referred to were the proximity of the flooring of the building to the ground, causing dampness, the alleged impossibility of effectively • ventilating and draining underneath the flooring, and the decayed condition of the timbers generally underneath the flooring, and in other parts of the building. At the conclusion of the examination-iii-chief of Dr. Mnkgill, the hearing of the case was adjourned until this morning. '