MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 265, 1 August 1908, Page 6

MAGISTRATE'S COURT.

POLICE i CASES. (Before Dr.. A. M'Arthur.) OPIUM SMUGGLING. TWO MEN CAUGHT RED-HANDED. Two men belonging to the Union Company's steamer Moana t Joseph Hazlctt and Joseph Soott, pleaded guilty •to a charge of having, on July 30, at Wellington, been found in possession of opium suitable for smoking. Mr. Wilford, who appeared' for accused, pleaded for leniency for tho men. Defendant Scott was a married man. That tho men bad broken the law was beyond question, and that thero was no defence 1 was also admitted. Scott was found in possession of a half pound tin of opium, and Hazlett was with him at the time. Both men admitted the offenco at once, and counsel asked that they should bo treated. as leniently as- possible, taking into consideration the whole of the circumstances of tho case. Neither of tho men had ever been convicted of any offence previously, and .tho Court in fixing tho'penalty might take into consideration not only the fact that the men wero first offenders, but that' they were losing their employment and would never bo able to enter tho servico of tho Union' Company again. Mr. who appeared for the prosecution, remarked- tljat accused wero not . entitled to much credit for having been frank. They could ba nothing else but frank under the circumstances, because they were caught red-handed.' They wero found in such circumstances as to show that they had been ' buying. and disposing of these prohibited goods. Tho prosecution had taken the most lenient view of tho question, possible in ■ laying the information as it liad been' laid. Both accused could havo been proceeded against for importing prohibited goods, on which charge they were liable to a'fine not exceeding £500. The maximum penalty under the section under which tho information had been laid was £50. Offences of this kind wero difficult to detect, although the Department was aware that the offences were common. He (counsel), had been asked to submit that tho extreme penalty under the section under which tho information had been laid should bo imposed. Mr. referred to the treatment meted out to Chineso who were found in possession of what was called yen shee, a form of the drug in question, and suggested that a heavy penalty should bo imposed. Tho men admitted trafficking in opium, and both had considerable - sums of money on board the ship; One of the accused had £102 and ■the other £49 9s. 6d.

His. Worship thought it would be fair to the Customs authorities and to tho police if he fined tho accused £25 cach. Thoy would also bo ordered to pay co'sts, £3 12s. CHARGE AGAINST A CHINAMAN. A Chinaman named Georgo Howo was charged ■ with keeping a disorderly houso in A'delaide Road. It was stated in evidence that accused had been warned by tho polico about the house he was keeping, but had replied that oven if ho was doing what the police officer alleged nothing could bo proved against him. Detective Kemp, Constable Lister, and two' girls gave eyidenco as to the character of tho house. Accused pleaded guilty to tho chaTge, and was committed, to the Supremo-Court for sentence. REFUSAL TO PRODUCE A RAILWAY PASS. . T. G.'Palgrave, holder of a season ticket on the Government Railways, was charged with refusing to show his ticket to a guard on demand. Defendant pleaded not guilty. Evidence showed that defendant was the holder of an official pass, which, it was alleged, he refused to produce when a guard on the train asked him to do so. 1 Defendant stated that aware of tho regulation, which made.it compulsory for a person to pioduce his ticket v-hen it was asked for by the guard, and stated that ho had produced tis ticket. His "Worship, in entering a err notion against defendant, and fining him ss. arid costs 135., suggested that people who carried passes ought to be an object-lesson to other people in railway carriages in the mattor of showing their tickets. A SERIOUS CHARGE. Henry Ballantyne appeared on remand on a charge of having, on July 25, attempted to commit a serious criminal offenco at the Upper Hutt. After hearing the evidence, accused, "who pleaded not guilty, was committed to the Supremo Court for, trial.. Bail, was allowed in'tho sum of £80 and one surety of £SO., Mr. Wilford appeared for the defence.' 1 ALLEGED ILLEGAL "FISHING." The' Acclimatisation- Society proceeded against John -Anderson,'William Anderson, James Wilkins, William Kolly, and Robert Bradley on a charge of having, on July 8, at , Akatarawa used a gun for taking, fish iu a stream within the Wellington Acclimatisation District. .Anderson was oonvicted and fined' 40s. and costs £1 15s. 6d., in default seven days' imprisonment. The informations against the other defendants were dismissed. John Ande-son, William Anderson, , William Kelly, and Robert Bradley were charged in regard to a similar offonce which was alleged to have taken place on Juno 30. John Anderson was convicted and fined 20s. and costs £3 75., in default ten days' imprisonment. The informations against tho other defendants wero dismissed. • ■ The samp four defendants were charged with using blasting powder for tho purposo of taking fish from a stream at Akatarawa on June 30. John Anderson was convicted and ordered to pay costs 75., tho informations against the other defendants being dismissed. A further charge against the same four defendants of having, on June 13, unlawfully used an explosive substance, to wit blasting powder, to catch or destroy fish at Akatarawa, was dismissed. Defendants, who pleaded not guilty- to the whole of the charges, were defended by Mr. M'Grath. Mr. Gray appeared for the Society. MISCELLANEOUS. Jane New again appeared on remand on a charge that, at Melbourne, being a baileo of certain goods and chattols, valued at £11, tho property of Samuel Nathan, she did fraudulently convert the same* to her own use. On the application of Mr. Weston, for tho defence, a further remand until Thursday nest was granted, bail being fixed as before in the Bum of £100, and one surety of £100. ' A conviction and fine of 20s. and costs lis/, in default seven days' imprisonment, was entered against a young woman named Lyall Masters, charged with entering licensed premises during the currency of a prohibition order. Another young woman named Daisy Semelhag, charged with acompanying tho previous defendant into licensed premises, knowing her to bo a prohibited person, was also convicted and fined 205., and costs lis., with the alternative of seven days' imprisonment. Andrew Jacobs, an' African pigmy, was sentenced to one month's imprisonment for habitual drunkenness.