MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 193, 9 May 1908, Page 13

MAGISTRATE'S COURT.

,■ POLICE CASES. ; (Before Mr. W. G. Riddell, S.M., on Friday.) DRUNKENNESS.. One first offender was convicted and discharged, and two others wcro each fined 65., in default twenty-four hours' imprisonment. William Vincent was-fined 10s., in default forty-eight hours' imprisonment. An elderly man named Arthnr Valentino was convicted and discharged for being helplessly drunk. Ho had been in the lock-up since May l. ' ( ASSAULTING. A. CHINAMAN. .. A respectably-dressed ]ad named Earl Roy Jenkins. pleaded guilty to a cluirgo of assaulting Ngan She oh' April 11. • Mr. Wilford appeared for defendant, and explained that the lad, was with somo othor boys, and they threw stones on tho Chinaman's premises. Tho Chinaman laid in wait for the_ boy, and at the latter's houso blocked his exit at ; the doorway, and it was then that tho lad '.struck tho complainant. A tussle ensued, and both got knockcd about severely. . Accused 'was fined 10s*., in default fortyeight hours' imprisonments Tho Chinaman was allowod expenses amounting to 2s. 6d.

MISCELLANEOUS. Upon a charge of stealing a bicyole valued at £6, tho property of Irederick William Parsons, .of Stratford, Robert Middletoh was remanded to appear at Sttatford on May 12. A romand until' May 15 was granted in a case in which Robert Rollo was ohargod with the theft of a panama.liat, valued at '£2 25., tho property of J. P. Lopdoll. Bail was allowod in one surety of £10.

A plea of guilty was entered by Henry Primrose to a oharge of threatening behaviour at Taranaki Place on Thursday. A fine of 405., in default seven days'. imprisonment, was inflicted. • . ■ Frederick Jansen, alias Yansen, pleaded not guilty to a charge of 'stealing an, umbrella, valued at 10s., belonging to Daniel Murphy. After the police evidence had been heard, accused called a coloured man named James Diggs, who stated that ho lent tho umbrella to Jansen, after obtaining it from some man in Taranaki Street. Under crossexamination, witness admitted that he had been punished on four occasions for theft, and that ho was now awaiting trial on n charge of assault, and robbery. Accused was sentenced to three months 1 imprisonment with hard labour. . Ernest Bray, who. was defended by Mr. Dix, was> brought forward on a , charge of using indecent languago on April 28 at Island Bay. After hearing the evidenco, His Worship dismissed the case. On a similar charge, James Williams was fined £5j in default twenty-ono days' imprisonment. i An unkempt man nadied Thomas Lepper was sentenced to three months' imprisonment on a- charge of boing a.n idle and disorderly person,. and having no lawful means of support. ' . ' , • ! . Stella Taylor was charged : with loitering and importuning on Abel Smith Street. She was given over to the caro of the Salvation Army,, and ordered to come up for sentence if called upon. ... For ilWreating a horse, William Wilson, for whom Mi. Arnold appeared, was fined 20s. and costs 9s. In connection with the samo matter, John Bailie,-the driver of the horse, ,was_ fined 10s. and costs 7s. , Foir driving a lorry over a railway crossing, •when, a train was within half a mile, Charles Nielson was fined 20s. and costs 7s. , A cbargo of failing .to act upon the. notice. " Look out for the engine," was also brought against the accused, and upon this count he was convicted and discharged. An adjournment until May IS was granted in the charges of playing the game of twoup preferred .against Richard Meihlke and Georgo SmithPleas 6f guilty were entered by David Patrick Burraston to charges of stealing a Waterbury watch, valued at 305., the property of Charles Torr, and of stealing a pair of. shoes,.'.valued' at 35,,. the property of Samuel Thompson/ Upon the first cbargo lie was fined 20a., in default seven days' imprisonment, and on the second he was j ordered to refund the value of the shoes.

, BETTING WITH A MINOR. Jim Stelin, a bookmaker, .pleaded not guilty to a charge of, making a : bot with .i person whom ho > knew to ba a minor, at Miraihar, on April 20. ■' '• •' Mr. Wilford represented' defendant. : ' As soon as the minor in question'entered, the witness box defendant said he saw thai the'witness was clearly a minor, and ho altered his plea to one of guilty. ' - Mr. Wilford pointed out that it 'mn often impossible to see the persons who made, the bets; as, "when a rush was on, a hand only was visible'with the money. He took exception to the-,'fact; that the name of tho minor was not given-in the information and thus any action by the d'efenco in, the way of turning up records as to ago, etc., was crippled.. i ■ ' Defendant, was fined £5 and costs, 7s.

MASTER. AND PTJPIL,

CHARGE OF ASSAULT., ; Edward Howe was charged with assault; ing Chas. Francis Haynos. :' Mr.' AVilford' appealed -for : ' plaintiff, - and Mr.'Myers'for defendant. Mr. Wilford said that ■ defendant was a' woodwork instructor, and plaintiff was sont for a piece of 'wood. The boy struck another lad with .it, and tho 'instructor' told the' latter boy \to deal with' the former, bijt' he' refused, indHowe accordingly 1 performed- the chastising. Dr. Begg stated that he examined the boy, and found severe bruises over tho body,-, and there was a good deal of ;swelliiig.""He did not think ho had ever seen worse results from a-beating. , -This one,; lie con : , sidered,' was'very' severe. ! . !; Wilford- wished to ask the witness If the beating was reasonable or not, but, after argument. His! Worship declined, to allow this'as evidence. . . ; Mr. Wilford said he would bow to the decision, but he - submitted ,that it was wrong:-, j ' -'. .' ' , Plaintiff, giving evidence, stated that he 'agreed to jpuriishment '.on the '..'hands,/'but defendant' insisted on striking jhim on tho body. ; Witness ■ received four cuts, and lib was bad for four days afterwards. His leg was sore, and iho could. hardly stand oh;it: Charles'Haynes, hairdresser; and tobacconist; father of the boy, • said that tho -boy had received a brutal beating. Ho did not object'to .the boy being chastised; but ho would : not. treat a dog in. that manner. The woUnds were .quite distinctly marked on' the llesh. Robert Powell, carpenter, and George Taylor -gave similar evidence to that of the previous i witness.'.- •' Mr. Mvers pointed out, that. if. the instructor had given in.to the boy in his demand to be punished in a particular way all-discipline would be gone. . ' Deferidalit deposed that the plaintiff was one of the most troublesome boys he had encountered, 'and Hayncs's manner wa? aggressive when he wanted to bo punished on the hand. Although 'the boy struggled whon being punisherfj. he did not cry,, but went .straight to lijs seat. : ■ ' - - ' To Mr. Wilford': He had; never complained before of the boy to his father. ■ : .Air.-Wilford:'.Do' you treat this \case as a huge-joke?- . Witness:' No, I don t; Mr. Wilford: Will you swear that you did not tear the boy's jersey? _ Witness: No, I won't. < I. do not think I tore the jersey.' '. - .- V i Mr. Wilford: Will you stop laughing, and answer my question?. ' Witness: not laughing.; Mr. Wilford: Could you have hit the boy harder?■ ' ' Witness: I think so. Mr. Wilford: You wanted the other boy to give Haynos what ho got? ' .. Witness: Yes. , ~ ' , Mr. Wilford: Have you been teaching before?, ■" Witness:, I have ■ been teaching for ten Wiiford :' Have you ever had trouble before? ■ • ' • ' Witness: No. ; . Mr. Wilford: Are you quite sure? ■ Witness: I never heard of any. Mr. Wilford: Havo no' parents ever made complaints?- ... Witness; I don't remember any complaints being made. , George M'Morran, headmaster of tho Terrace School, stated that lie had not used a cane for three or four years, but he used a strap. . Haynes had befcu a very troublesome boy. Decision was reserved.