MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 132, 27 February 1908, Page 4

MAGISTRATE'S COURT.

POLICE GASES. (Before Mr.-W. G. Riddel], S.M.) i-V-, FORGERY. John Morrcll. was charged with' having at Wellington on January 10j- 1908, 'forged a cheque for £10 45., drawn on tho'National Bank, and purporting to bosigned by J. C. Bartlett, and with having'uttered the samo to Francis William Duncan. Francis William Duncan,' butcher, deposed that about January, 10 accused called at his shop to pay an .account for £1 10s. 7d., ami tendered a cheque (produced) for £1.0 4s. drawn on: tho'National Bank, Wellington, and signed'by J. -C. Bartlett. Witness' accepted the cheque and gave accused change. On presenting the cheque at tho bank it was returned marked "Mo account." . Michael James M'Enrue, son. of if he licensee of tho Britannia Hotel, deposed that accused was at tho Britannia Hotel on January 10 last, and asked for i\ blank cheque, saving lie wanted to get some money from his employer. Witness gavo him the cheque (produced). Charles ', John: Bartlett, builder and 'contractor, stated that accused was in his employ in Dccowber last, and was paid up fully

on leaving. The cheque produced was] not signed-.by witness or 011 liis authority. He had 110 account at tho National Bank. Godfrey Thome-George, clerk in the National Bank, deposed that 110 person named •T. C. Bartlett half an account at tho National Bank. .. ~,, At this" stage Mr. Mornn, for accused, stated that ho had beeii''instructed to enter a plcii of "guilty. • Accused .was committed to the Supreme Court for sentence. ■.

THEFT,FROM A.DWELLING. : Charles Mack, alias Osborne, was charged with tho theft ffpm ,the dwelling of William James Brewin, Oneluingaj.of ono. gold brooch; ono gold bangle, and "Wo silver studs, the property of GertnidoElizMxitlv-Sunkel; and an elcctro-plated spcon.ailtl knife,, tho property of William James, Brpwin.; ■

Oil the application ■ .(if. (Jhief, Detective. M'Grath, tho Court dpcidqd frPrediico the cliargo from 0110 of tlietVfroiiv'a .'dwelling to simple fheft. ■ :■ Gertrude Elizabeth Suakfel stnto.ci'. that in November last silo at theManukau • Hotel,. Onehqngajltband/. about November 7, witness missed, a ;])aiigjc and a brooch from her table rbedroam. T!k bangle, brooch, and studs (prQdliced.'Aelonged to witness, .and wore first;mj'ssot^ ber 8. 'iV/'.orfi Mary Jano Barry, iboarduigjiouso;,keeper, of Wellington, deposed that fain?, to stay at ber house on November; S); anidjjpext. day sold her a bangle,.a. broomi, {ivo gt-irfs,. two spoons, and a knife. AVitu,o£,v gcajv£lji)n 17s. (3d. for tho articles, \rhicjjo4v e [ s ?A c longed to • his sister in Gisboijnjy; gave the name of; Osborne, aijrj' saiid ; hgi wanted money to go to Christchureh.rmc^Tijs Detc-ctivo Broberg deposed .tlijjjf;: covered .tho articles mentioned nation, and.told accused it'was a ;^}i a| ho had sold them to Mrs. denied any knowledge .of'tho goods; '''• ■ \ oiiT ' Accused offered no dofcnco. ', r0 y,w. His- Worship stated that tho eviden,pf|-.ft()g<;l;; unchallenged, and accused would tonced to six months' imprisonment, ;thV^ei}^ ; tenco to eommenco on the expiration, bj She sentence of two years', imprisonment he was at. present serving. .... ' -.[mi.'. . \..;.THEFT OF OYSTERS:; . ' Y: : v r

: ' ■ , • r),n . A pica of guilty was entered by Joseph; M'Cartney, a" fireman on the steamer. Maorj l( charged- with theft of oysters valued at ls; ir t-ho proporty of : the Union Steam. Ship Cony pany. •• . _. . . .-■ .■ His. Worship remarked .that petty pilfering-, was difficult. ,tp detect, and such oifences throw suspicion on a considerable number of peoplo; Defendant- would bo convicted and fined 205., in default, seven'days'-.imprison-ment. ALLEGED' INDECENT. ; ASSA'ULT:' A young married man named John.Hogaii was charged with having, at Brooklyn, on' February-17, committed an offence ■ against a girl under twelve years of age. After the evidence had been taken accused pleaded not guilty, and was committed, to tho Supreme Court- for trial. Bail was allowed in th'o sum, of £100 and two 'Sureties of £50 each'.' Mr. O'Loary appeared, for the defence. ; FORGING AN ORDER. Edward M'Kenna was chargcd that, on February 8, at Wellington, ho" Wrged tho namo 'of Alexander Young to an ordpr for £'17. 105.,, wages, alleged to bo_ due,' and uttered tho same to' William Nidd, • hotel,keeper;•' '' .' '• i ■ \ Chief-Detpctivo': M'Gratli: conducted • tho caso,for tho prosecution. . ! ... 'William Nidd,' licensee of tho -Wellington Hotel,' stated thai ' accused; called. at his hotel ;and' asked' him to.cash Jan'order for iwagos'fqr £17 10s./ purporting, to bo sighed by Alexander. l ; oUng,_ ;aud drawii' oh' tho'.j lattpr's father. ' .' Witness,'told accused lio ; wdiild"put tho | order through 1 his, bank, niid ■advanced,him £5 oiv, it! Witness;'put'.-the order, in .'to; his', bank;' but; it was returned marked not' Aloxander'; Young's ,signature or writ-ini*." '.Alc'xander.;' Young wiis; callec]but' failed-.'to ■appear. Chief-Detective''' M'Grath pointed out , that Young lived; af.Wanganui, and.' ho (tho chief '- detective)' could 'not say. .Whether tho : subpiEiia'hiid .been served...' ' Datdctivo Williams' 'deposed t-hatj on ' February. 18, he charged- '--accused''' with ■' the offence, and showed him.the. order. Accused said, " Yes, I admit it's a forgery. 1 was .drinking at t-ho;.tiuie. -.Nidd.'thonght.ho had a-'snap.: It was-a easc\of- bit-er bit." Accused;. also -said he had been -working .for Young,-had.drawn. : all-his-wages, about- £20, and had spent tho ,money \iri; drink-. . ■-Accused pleaded 'guilty, -aiid " was committed to itho'Supromb Courtrfor 'sentence.: - ". f : / ALLEGED-THEFT, -.'.J/,' ■ . ■ Tho private prosecution,- ;. Thomas-Major Shore ;: v.- Herbert Edward "Hamilton- Bird, partially heaj-d last week; in whicn aeienaant was charged, with tho thefb- of .goods valued at £07 ss. Jrom a.-'dwelling in Macdonald Crescent-, : was continued. , ilr. P. Jackson. appeared,.for,tho prosecution, and .Mr. Von ifaast .for the defence.

Tho information was'iaid.under Section 224 : , : Sub-Section ,2a,. of. tho Criminal Code,' which :says tliat anyone commits theft-who, .whilst a> husband , and wife: are living ,together', knowingly assists, either.' of..tbeni-nn. dealing with anything'which is the property of tho other- in a manner: which Aypuld amount, to theft -if they, were, not married. ■ • I'aul Serin,; labourer, liviiig at.lsland Bay, deposed that ho . know \ both Shore and accused. ■ On December 10, 1907, ho saw Bird coming out of No. 20 Macdoiiald Crescent at 1 about 4. p.m. Bird was carrying two parcels, one,of. which was wrapped in American cloth and tied with clotho'sJine.' The, other looked liko a small portmanteau. . /' . . Cross-examined;' .witness said . ho" remembered the, date; because ho .had arranged to meet Shoro on the 10th to exchange curios, witness .having .visited South America. Constable .Taylor.-remembered receiving instructions to; go to Bird's house in. Hanson Street, in .December last.,, ,Ho went: on tho 13th, and .saw. Bird, .who .told him' that ho thought Mrs. .Shore „had gono to Auckland. Witness did not know that Mrs. Shore had gone south; on !tl>o. 10th.. . This closed tho case.for the. prosecution. Mr. You. Haas};, said that in cases such as the present tho prosecution had,to, establish two _ things (1) that. the goods were stolen by tho wife, and (2) that tho accused knew of this theft..by the wife. Ho contended, that tlio prosecution had not dono this. Counsel also addressed tho Court' oh points of law and on tlio evidence. ' His' Worship-said- the.'case was hot a ■ at:s-. factory ono, but ho thought. a prima facie caso-bad been-mado out. ' .-. v Accused,, who pleaded.not guilty,.and reserved his defence,- was committed to. tho Supreino Court 1 ;for trial/: Bail was allowed accused in £50, and' one 1 sur.ety of £50.

SLY GROG-SELLING, Reserved : judgment was" delivered' by, Mr. W. G. Riddell, tho Polico v. John. Turner. DefendHfit, was charged with, on February li-arid. February 8, having sold liquor without'having'.^license'td'sell tho same. Thoeridence : m -both cases/Was taken- together, and •' so farflas: 'the offence alleged to have been committed on February 1 was concerned,' • His.' Worship - considered that tho only evidenco'was,that of defendant" himself. I ' '"lt bad been urged'by counsel for the defenco that the' evidence of tho informers must .be: carefully scrutinised, and tho Court agreed with this,.'but! tho samercninrk must apply-to-persons interested.' Tho probationary constablo swore paid for the liquor ho received on'the ovoningof February 1, and defendant admitted handing it over, but stated that it was .a gift. 1 Defendant, a .boarding-house keeper, Tr . had 110 license to . supply liquor, and tliero. was no evidence to .show that ho had be?,u in tlio habit of giving liquor away to his guests or to thoso Jrcguenting his cafo.for mcajs. Further, ; his. wife was not aware that-,ho over gave liquor away. Both of the prob&ionarv constables concerned were comparative strangers to defendant, .and it seemed incredible to the Court that Turner should give tho -liqvvpr to these comparative strangers. ThoTonus'..of .proof, was• thrown on defendant, and the Court was not satisfied that hiL had discharged it., He must be convicted of selling liquor oii February I. In the second tlio Court must hold that .0110 .bottle of linfior had. been sold, and defendant must bo ccinvicted; On the lirst charge, lie would be

fined £10, and costs 75., 'and' on tho* sccond information ho'would bo~ ordered to pay Court costs , 7s. On tho application .oi ,„)lr. Wilford, counsel for tho defence, security for appeal was fixed at £10 10s. BYtLAW CASES. , j Corporation Inspector . Doylo, proceeded against Harold O'Brien, .charged , witiii '.refusing to pay tho legal tram fiiro. '•D'of&idI ant explained _ tlmt hp had a ticket, but | dropped it on tiio.tioor of tho car.. He picked up a similar ticket,' but th'o "conductor refused to accept itiv Evideiice*;Was ca'ilecl 'to •provo - that- tho ticket proscnifed • 'by; deftndant at 6 p.m. had been lssueitjon another ear" ,at 10. a.m.. His .\\orslup imposed a lino.of■os., and costs 225.' ._. leaving two parts, standing.-in, Eliza'bclli Street, George ,A\ ilson was cbuvi'c'ted and' 'fined 205., and costs'"7s.'' ■." ; Siilnuel Williams was. convicted and ordered :fco pay costs 7s, for.,allowing...olfensivo. rub-.' ibish to remain onhfeprenuses.' . . '. ' ■'• lho i'owii Clerk oi' .Johnsoiivillo proceeded. • ;against. William Fisher, charged on tvo 'sep-. :arato informations wjtli liju'ing caniod on ;business at Johiisonyiile as a carriot without, having obtained.a license. /flic first infornia-' tion was dismissed with 'costs' £1' 17s. 1 On ■tho. second chargo defen'dan,t" was convicted ,ind ordered to pay Mr. Bunny. ;■ appeared for tho prosecutic'jfj and Mr. It. B.' :\Yilliams for tho defence."' I .', . miscellaneous:-^ Henry George Hegarty, was xharged with, on dillerent dates between 'December 10, 1907 '.and February 20, 1908, h&jog. received, the: sum of £27 13s. -id. on tcriiis'Tequiring him' jto account for , tho same, .to .his cinpiover. jHugb Hamilton, and having fraudulently con« lyerted.tho samo to his. pwiiuse)!,. " r "i' ilt'ord, who appeared for accused, asked for a remand until Friday; explaining: that. tho matter was a cbiii[blicat«l 'one' of aogounts, a)id,;ho wished to -jiaye an oppor- •- of, looking mto.it further, before adSfWJS his client.. Tho .reniau# was ■granted,-'. Wib.P.o'ng allowed in the sujn;.o'f;-UTS'-.and-pi)fl, surety of £75.. i aWttonio. Mosa; a seaman, on .'the'.shin Geni," ■ qjiarged ~with; . liaviiigi.absentefl- Jiimself. SWitf? v «?q].on February 4 without leave. Uii the application of tho police, . defendant • ' . »i? s MWanded. for a week )to., enable uio 1 n !ftßfS r o?!.tho.. vessel to.. bp •communicated I pointed out,tha|t tho Geni had ' ! W,for .Auckland,-but; had not | the.iiorthcrn -~ ' . convicted and fined 10s.. 1 '-VWSM?.: IM - ur s imprisonmeut, .for in. i < sP n Wn JMu/.pii ; a second,;, information, 1^2 r oVls'J 11 iiij®" | th,;using obstjQiio language, " fined £§ s . jn default.2i' .4^ <n WJ« s which tho Webb victory was celebrated probably accounted for u Mtejai,;; offenders for ~;iiisobH?,?b;oS®JSß fteogh'-was to one': month s. nmn f opeiit, for habitual, druuken-' u SS- i.rftW hy '-3y n St a n..' Janj|s.Carney, and ? cl \ r - v „A , 'W r lPJffl t n;ycrp i eacli,,convio.t'eii: and . „," oc !- ?°T«i'lfi'ys',; imprison-' Mont - jran Larseu'- • in-de--f ?P' t ,4 s 'M l H'^ii!ffil';Konn}eni o; ,,; Eight-first; offenders ,ono. : being convicted, a^ifejeijil^j,. pi default 24 -h'pursl.. ffi-a ,convipted. and fined.'' us., m (impHsonmeiit, au(J ; two .being discj^rged. :