MAGISTRATE'S COURT

Dominion, Volume 1, Issue 100, 21 January 1908, Page 9

MAGISTRATE'S COURT

POLICE CASES

(Before Mr. W. G. lliddell, S.M.) ' DRUNKENNESS.

At the Magistrates' Court yestorday, two first .offenders .for drunkenness wore convicted and fined os. each, i:i default 24 hours' imprisonment. Another first offender, who did not appear, was lined 10s., the amount of his bail,., in default 48 'hours' imprisonmont. Thomas Scott and Richard Searlc, previous offenders, were convicted and fined 10s., in default 48, hours' imprisonment, and 205., in default seven days' imprisonment, respectively. • VAGRANCV. Jossio M'Ewan, alias Edwards, alias Harvey,.™ elderly woman, admitted having no lawful visible mean's of support. Sub-Inspec-tor O'Dotiovan informed the Court that accused, against whom thero were a< number of previous convictions, was found 'wandering about Newtown Park. A sentence-.of three months' imprisonment ', with , hard labour was imposed; Charlotte Higliam, a young woman, who was similarly charged, also pleaded guilty. The Sub-Inspector also stated accused was found in the company of the woman just convicted. About three weeks ago accused left ,'tlie: Salvation. Army Homo. -On the understanding that oho would, remain in the Homo -for threo months accused was convicted'and ordered to como up for scnteucc when 1 called-,upon. . •-• ■ V.- ' THREATENING AND OBSCENE • ' LANGUAGE. Boswell Dean, a young man, pleaded guilty to having,'on January 18, used threatening words to Bonjamin. John Fuller with intent to. pvovoke a breach of the peace, and also to having usod obscene -language in' -the Theatre Royal. • . The Sub-Inspector stated that accused, .vho, besides smoking, was very noisy, resented being, turned opt of the theatre. > : ,0n the first charge accused', was.convicted and fined 205., in default seven days im-. prisonmoiit, and, on tho second charge, ,ho •was'convicted and fined■ £5, in default 21 days' imprisonment. STREET ROWS.' ,v , Francis M'Cann, a . young man, -.denied having, on January 18, behaved in a'threatoiling manner in Dixon Street. , Constable M'Grogor'deposed that lie found accused and another map fighting. .Ho.arrested'both,' but the other man got.away, Accused, on oath, stated that he was listening, to a discourse.' on. .Socialism irfcen someone wrote with chalk on his back, ."Aren't you a Socialist:-"' : Ho accuscd a i.inan near by of doing this; and l ho .was. taking off his coat to ,"see what had been, (written 'whon' the constable arrested him. No' fighting 'occurred. 1 Constablo M'Grcgor, recalled, stated that accused gave asian cxcuso'for knocking, prosecutor down that ,he had used bad towards him. . , ■ His Worship, said he could not accept the statement of accused, who would bo convicted and fined 205., in default sovon days' Imprisonment. ; Matthew. .Ronnie and John Graham were chargcd with having' bohnred in a threatening manner. '-Ronnie pleaded that lio and Graham were wrestling and -not lighting, and the latter admitted the offence, . Tho Sub-Inspector informed the Court that tho accused werc 'found fighting outsido an hotel in Taranaki.Street. A fine of ,20s. each in default 7 days' imprisonment was imposed. V THEFT. - , -Walter Cecil .Wiggins pleaded.guilty to a ehargo of having', on January 17, stolon a clothes brush, valued at 45,, tho property.,of Walter C. Pearson:,Chief-Detective Sl'Grath stated that .accused: had not' bcoii before the Court before. Accused was. convicted and fined:.2os,, in default.,7 'days,!, imprisonment,. i ALLEGED ASSAULT. Laurence. Han'ratty was'chargcd. with, on .January 3, having done actual bodily harm '.tj>, Thomas L'acev. " ' ' ; Air. Jackson'Vrepresented thp .accused. . Dr. Ewart; the medical 'sijpcriiitendent at fho hospital, deposed, that when' prosecutor was admitted to the institution lie was Buffering from severe contusions about tho head, face, 'and chest-, Prosecutor was now almost woll again. ; 1 Cross-examined,. witness . stated that pror, secutor had been drinking, and-when ho was received into the institution ho was under the influence of lienor. 'At this stage, the charge was, by consentof' the Court, reduced to one of common assault,' to which accused pleaded not guilty. Prosccutor, who is a seaman, deposed! that ho and accused occupicd adjoining rooms-in ii boarding-house.' On Thursday, January 2, they had a quarrel. Next day, accused knocked him down, dragged 'him a short distance, and kicked him t.wice in the chest and'twice on the face. Prosecutor did not rcriiembcr'anything more until next morning,. when lie found himself in the hospital. 1 Cross-examined, prosccutor denied haying provoked- assault in any way. On the Thursday accused came into his, room, and threw a pannikin at him. That evening tboy came to blows., As lie went away, lie could not say whether, as a result of a blow struck by him, accused was rendered insensible for half an hour. The proprietor of the board-ing-house had ordered him away bccauso he was noisy.

' John M'Kay, who shares a room with pro-, sccutor, .stated that bo .saw accused kick prosoeutor soveral times about the head and uod.v. Cross-osamined, witness stated that heitlier prosecutor, accused, nor himself, wore sober on thedato of tho occurrence. Acouscd kicked prosecutor several times. • Constable Gallagher deposed that when he lirst sow nrosecutor hot!) (lis eyes wore closed up and blood: was trickling from his ear. This closed the case for thc_ prosecution, Mr. Jackson asked for an adjournment to onable him to secure tho attendanco of witnesses. Sub-Inspector O'Donovan contended that the .application should havo been made prior to evidence for the prosecution being called. His, Worship, in granting tho application, pointed out that it was unfair to tho prosecution to allow him to call tho whole of tljeir ovideuco and then to. apply for an adjournment, but tho retjuost would bo nc-. ceded to as the Court did not wish to prejudice accused in any way, Tho ..hearing of the case would bo concluded this morning. Is|iil would be allowed as follows: Accused in his own recognisance of £50 anil two sureties of £25 each. OBSCENE: LANGUAGE.. Richard Ryan, who admitted having used obscene language in Holloway Road on January 1, wan coiivioted and fined £» aud costs, in default 21 days' imprisonment. BREACH OF THE PRISONS ACT. DANGEROUS CRIMINAL PLANS ESCAPE. ' William R. Sinclair, who was, in August last, together with two prisoners named Ferris and Hamilton, sentenced to lo years' hard labour for a number of daring burglaries in the city, pleaded guilty to a charge that lie did, on January 18, at Wellington prison, have in his possession and secreted on his person, under (lis prison clothes, a black alpaca coat, pair of kiiickerbockcr pants, falsn hand or glove, rope ladder, skeleton key, and a halfsovereign, with tho intention of escaping from legal custody in contravention of .Subnotion 3 of Section '2, of the Prisons Act Amendment Act, 1831). ■ Prisoner stated that, he had been working in a gang at Mount Cook since he was sentenced, and that it was almost, impossible for a member of the gang to smuggle garments or other articles int-o the prison. He maintained that, the articles in question, which lie found in lijs mil on Saturday at midday, were placed (here by another prisoner. tvlin had Mini informed I lie gaoler that, he (the accused) had the articles in his possession, if a prisoner reported another [ prisouer he was bound to get a little time

taken off hi* sentence. Ho was working on Saturday morning, ami il ■ was' impossible for liim to smuggle in tho nrticles. i .Mr. Armstrong, chief gaoler, informed tlio Court that all the articles, excepting ttie rope-ladder, worn found on .tlio prisoner. The glove was made in such a manner as to disguise tlio fact that prisoner lmd lost several fingers. His Worship: When was, the discovery made? - Mr. Armstrong: At 1.45 p.m. ; Prisoner, who was put into the. cell at 1 p.m., could havo notifiod the officials that ho had found, tlio articles there. He . alone occupied the cell. His Worship (to prisoner): Even assuming that your statement is correct, tlio fact remains that you. made use of • jho articles. You . should: have reported ' the matter at 'once. All this Court has to do is to penalise yon according to statute- Tho sentenco is that you l>o kept.in close confinement in a i light coll for a period of six weeks, and you,'will also forfeit a number of marks not exceeding tlio number which, under the regulations, is necessary, to secure one year's remission of sentence. PRIVATE PROSECUTIONS. ' DISOBEDIENCE OF MAINTENANCE ORDER. Cliarlca Enticott was charged with havingdisobeyed an order under th? .Destitute Persons Act for the maintenance."of Elizabeth Christina Enticott. The Clerk of the Court intimated that the amount of arrears, £4 10s., ,liad been paid into Court. , Mr. Jackson, who appeared for complainant, stated that a. summons had had to be issued against accused before he would pay. Counsel thought defendant should be penalised. . His Worship convicted accused and fined him £1, 1 in default seven days' imprisonment. ' .' . .. CRUELTY,TO 'A HORSE.. * Samuel Bray pleaded guilty to a. charge of, having, on December 24, cruelly ill-trcatod a horse. i Mr. Kirkcaldie, who appeared ou behalf of tho Society for the Prevention of Cruelty to Animals, informed the Court, that the animal was not only diseased, but also in poor condition. It had bad to be destroyed.' His Worship convicted defendant, and fined him £-i with costs 325., in default 14 days' imprisonment. . Subsequently, counsel remarked that the Society hoped tho Court/would, in the future, rofnse to grant the option of a fino in aggravated cases.

BREACH OF THE FACTORIES ACT.( Arthur Schaef, photographer,'-was fined 10s., with costs totalling 75., for having employed a female assistant after 0110 o'clock on "Saturday, January ,4. • Mr. Le Cre.ll appeared," on behalf of the Labour Department. .■>