MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 108, 30 January 1908, Page 9

MAGISTRATE'S COURT.

K , • i -^v- —: (Before Mr. W. G. Eiddell, S.M.) ; ';A SEAMAN IN TROUBLE. ' An'.alile; seaman on the Athonic, Archibald John- Dunn, pleaded guilty of having, on . January 6, at Wellington, absonted himself from iliis, vessel without leave. Evidence was- given by ono oof the Athij'hic's ; officers that defendant left the vesisel oh January. 6, and witness had never j iiimi. ; again until' ho appeared in the 'Court;!'!'. Prosecutors did not wish to press the charge,' and would he satisfied if dofonda^Viis; put on board the vessel beforo she sailed; I ,';■ f l 'His v '(Worship/ entered a , conviction, and ordorod defendant to forfeit two days pay ohi qf bis wages, and to pay tho expenses incurred ;in ; hiring a'substitute, also to go to prison until tho ship was about to sail. ■' '' '. IDLE AND DISORDERLY. An : apparently well-spoken, middle-aged man; Thanias Qra, ploiidcd guilty to being an idle and disorderly person, with msuiucicnt lawfiir means of support. ; • .' .. v Sub-Inspector O'Donovan stated that accused '.was arrosted' at 1.5 a.ih. on Wednesday, f.The ' man was found sleeping in a truck.'near ,thc Pirio Streot entrance to the Kilbirriie, tunnel. Accused had been sleeping there'-, (or, several nights. - He'was in receipt of Omittances from' tho Qld CountrJv but had'bepn hesforo tho Court uv. Now ftoaland on several occasions,- ( - • • - Defendant admitted having slept out in tho opefi through "ihconvonience for money, but said • that he was willing to" undertake any, kind .of work. • Ho had been working at the?Piefcon.Freezing Works recently, and bad also'done hard work aiid odd jobs in»a place . in' Russell Terrace. ' ; E(iif 'Worship, considered tlmt accusod liad not rifiade a great effort to get work. 'Ho w'odld 'be'., convicted, scntencecV to one. mouth's imprisonment with hard labour. ; , ALLEGED INDECENT ASSAULT. . Edw'ard ,Winter, remanded, from last week, appeared "on a charge of having, at Oriental Bay. on January 17, indecently assaulted a little girl, riino years of ago. After hearing a number of witnesses for the'prosecution, tho. ease was adjourned until Friday, to enable tho Court to view tho scene of-the alleged ""assauli, ■ Chief Detective M'Grath conducted' tho case for the prosecution, and Mr, Wilford appeared for the'c\efenee, Bail was allowed' in self £50' and one surety .of .£SO, . ' .. A CHARGE OF THEFT. : A young mnu, Richard Patrick Walsh, appeared en a'charge of theft of a gun, valued at £6, the'property of AVra.'Edmonds! Chief Dateotivq. M'Grath applied'for a remand until*Wednosday next; as such an adjournment would'probubly. bo in the interests of accused/, who' had made a statement which had all tho appearanco of boing true, Tho remand was granted. ; ALLEGED •DISORDERLY BEHAVIOUR, ■ A contractor namod Frederick Butoher pleaded nbt. guilty to a oharge i of; having bbhaved in a disorderly maimer in Manners Street whilst under the influence of liquor. : Mr!i Dix appeared for defendant. ' Evidence was giyon by tho arresting con- : stable' that at 4 ,p.m..on Tuesday was seen interfering With three ladies who , Were:'walking along tho street in front of ' him.';-'. Tho Tridiog wore strangers to dofen* dint; and resented liifi conduct; but did not inako,', any complaint to the . police- SubInspector O'Donovan stated that ho aaw the man arrested, and could say that defendant was under , the influence of liquor. 'Defendant denied speaking to or trying to speak; to tlio ladic3. He said ho had bad only quo drink, and aava a detailed account of- his movements during tho afternoon. ■VEvidenco was . called for tho defenco to corroborate defendant's statements' as to his movements, and -to -prove that ho was not the influence of liquor. •His' Worship considered the evidence was conflicting. Ho did not doubt tho statements of the Sub-Inspector and tho constable, but he must accopt tho evidence of tho witnesses, :.who said the man was not drunk. There .', was some doubt about tho matter, and the' information must' be dismissed. 'Hi •• MISCELLANEOUS. A', cab-driver named; Henry Casey was charged -that .on ( January 16, the a licensed cab, he did'loiter when I driving the said oab in 'lliorndon Quay. After hearing' the Qvidoneo, His Worship remarked that'he did not consider the. offence a great onb. ';A, conviction would bo entered with-, -out posts'. 1 ■ Two first offenders for drunkenness were brought, forward,' quo being convicted and fined 10?., in default 48. Hours' imprison*' went; and the other os,, in default 24 hours' imprisonment. . MISCELLANEOUS BY-LAW CASES, •» vehicle in .Cuba Street with-, out. liglita. tjeorge Richards was convicted and' ihu'4 25,, and posts 7s. Martin ,W?ie _was cMvicted fined 55., .r.tyi costs ?n., lev riding'a bicycle at night 'without 'it light-..' ' Charles 'l)ugrialo, an. employee of a stable in Aro'Sli'fei., {'loaded guilty . tc> a ehaigQ of ii'.'posit.ing'waniiro, accumulated in a stable; witlim ilOft, of a public place, to v.;U, .\W«ay Street, and was convicted and" Snwl.lps., aridcost-i 7s. '■ A i'ifi6 of 10s., and costs 75., was imposed on. vLouis ."-Pritcr Christoson, who pleaded guilty, to c, charge of having unlawfully ooinmbneed to erect' additions to his premises'..without first obtaining a permit'from tbe-'Clty Surveyor to do so. '' O'Connor was .convicted and onjeffed to piiy ,costs, 75., for allowing 'two cows to waiider on the maii\ road, Paremata. • Alick Lee, for allowing a pony to wander on a public road, was convicted and fined 65., and costs 2ss. J. Wall and A, Whitehouse were'' each charged with having allowed cows to wander on.the road at Porirua.: Mr, Johnston appeared' fpr' tho Hutt County Council, and Mr;;Morisoh for defendants, The. \nformatiOns Verc hid under Section 4, Sub-Section • 9, of ..the Police Offencbs Act, 1884, which creates an offonoe whore any person "permits cattle -to be at large,' oi without proper guidance, or to wander or to bo herded'or grazed" in a publiq place. Mr, Johnston . atgued. that it "was not n.ecessarj' show that the offenders had knovvledged that the cattle,i were on the roads. For the defenco it-was.contended that a person could not be'' hold guilty of an offence of this nature unless, he was awaro that the cattlo ivere wandering, and allowed them to do so. After hearingj, argument at length, His Worship reserved his decision.