MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 282, 22 August 1908, Page 11

MAGISTRATE'S COURT.

POLICE CASES. (Bofore Dr. A. M'Arthur, S.M.) SLY GROG-SELLING. SUBSTANTIAL PINES IMPOSED. Anothor of the periodical raids on sly-grog shops was made by the polico a couple of weeks ago, and the result was the appearance in the Court of four young men. Joseph Priggio was charged with haring been on certain premises in Forester's Lano on August 9 for tho purposo of illegally dealing in liquor when the promises wero entered by Sergeant Rutledgo, who seized a quantity of beer. Duilo Mili/nto was charged (1) with having on August 9, at Wellington, unlawfully sold beer to Polico Probationer Ferguson without being licensed to do so; and (2) with having on August 2 unlawfully sold beer to Polico Probationer Macnainara without being licensed to do so. John M'Carthy was also charged with having oh August 9 unlawfully sold beor to Probationer M'Namara, and Win. Nolan was charged with having on August 16 unlawfully sold beer to Probationer Ferguson. Defendants all pleaded guilty. Sub-Inspector Phair informed the Court that on account of complaints having been made, tho two probationers wero sent to tho premises suspected, and thero procured beer from defendant Millante. They went up to tho door and asked if thore was any chanco of getting a "wet," and Millante said "no," but after being closely examined they were allowed into tho house and wero given a hottlo of beer. They drank part of tho beer, and then got another bottle, paying 3s. for tho two bottles. Tho second hottlo and tho remainder of tho first wore taken to Mount Cook police station and handed_ over to Sergeant Rutledgo. A second visit was paid to tho premises by tho same two probationers, who, on this occasion, procured a bottlo of beer for 25., tho extra charge apparently being accounted for by tho .fact that the day was Sunday. Portion of this 'beer was consumed, but before a second bottle could be ordered Sergeant Rutledge and soveral constables, tho former being armed with a 'Search warrant, entered the house. A search revealed 11 bottles of beer. Complaints having also boon received in reference to what wero termed "walking 1 beershops," a watch was ■ sot, with the result that tho probationers were supplied with beor by defendants M'Carthy and Nolan in the street, or in places of public convenience, whore it was a practico to carry this traffic on. In conclusion, the Sub-Inspector stored that for somo timo past complaints had been made respecting tho number of unlicensed persons disposing of liquor. Sly grog was plentiful, but it was very difficult to detect tho offenders,' who had spies and pimps who gavo warning at tho approach of the polico. Consequently tho police asked that a severe penalty should bo imposed. His Worship remarked that defendants had pleaded guilty, but he did not give them much credit for that From tho way tho evidence of tho polico had been outlined 1 it seemed to bp impossible for tho men to escapo. Tho offence was a serious one, the fine for a first offence being £50, for a second £100, and for a third or subsequent offence £100, with maximum ;terms of imprisonment ranging from one ur) to six months. Thoro was considerable difficulty in discovering offences of tho kind, and this was' no doubt the reason the Legislature had fixed such : severe peualties. When an offender was found out,_ tho Court should act up to tho spirit which tho Legislature intended. It was no use fining those men' small sums, bceauso as soon as they had paid the fines they would take to tho traffic again. Thero was plenty of honest work 'to .do in this country without men loafing about and trading on tho weaknesses of others. Praggio would bo convicted and -fined £2 and costs 75., in default fourteen days' imprisonment. Millanto would bo convicted-and fined ,£lO and costs 75., in default one months' imprisonment, on the first charge, and on tho second charge would bo convicted and fined £25 and costs 75., in default one month's imprisonment. M'Carthy and Nolan would each be convicted and fined £25 ■ and' costs 75., in default one month's imprisonment.

AN UNUSUAL APPLICATION. A labourer named Joseph Donnelly appeared on remand on a charge of having, 011 August 18, unlawfully assaulted Henry Scoones. Mr.' Weston, who appeared for defendant, informed the Court that the parties had shaken hands sad wore anxious that, nothing moro shcraia- to heard of tho matter. Counsel therefore asked that tho charge bo withdrawn, and that defendant should simnly be bound over to keep tho peace. It was tho intention of dorend'int to leavo Wellington immediately for Tartnaki. Sub-Inspector Phair thought, the caso should proceed. Defendant deliberately struck co-nplainant and knocked him down on tho footpath outside an hotel. Defendant had been before tho Court on a previous occasion on a cliarge of assaulting complainant. ■ After hearing tho. evidence of an independent witness, His Worship-entered a conviction and discharge, warning defendant to be more careful in future. THEFT OF A WATCH. A young man named Charles Richard Smith was charged that, on or about January 19, at Shannon, ho stole a silver watch valued at £6, the property of Michael Lally. Accused admitted pawning the watch, but denied having stolen it, stating that ho bought it from a man in the street at Palmerston North. He did not 'know tho man, and had never seen him since. His Worship thought accused ought to got another story to tell. Ho would be convicted and sentenced to. threo months' imprisonment. A NEW ARRIVAL IN TROUBLE. William. Richtor, a young man who has only beon'in tho Dominion for six months, was charged (1) with 1 having, at Eketahuna, stolen a bicycle valued at £6, tho property of Albert J. Newman, and (2) with having, on July 1; at Wellington, committed theft of a watch, a watch-chain, and a silver matchbox, of a total value of £2, the property of John A. Green. Accused pleaded guilty to both chargos. It was stated by the police that accused, a German by birth, was a labourer; and after- having been employed at the Hutt for somo time came into town and stayed at a cortain boardinghouse, from which the articles mentioned in tho second charge wore subsequently missed. The loss was reported to tho police, and Detectivo Kemp eventually traced tho theft to accused. From Wellington, Richtor went to Eketahuna, where ho stole tho bicyclo from outside one of tho public buildings. He rode the bicycle from Eketahuna to Palmerston North, and thore placed it in tho hands of an auctioneer for sale. Tho suspicions of the auctioneer wero aroused, and tho police sent for, with tho result that accused was arrested. A sentcnco- of threo months' imprisonment was imposed. AN OLD MAN'S PLIGHT. A feeble old man named John Willis appeared in answer to a charge of being deemed an idle and disorderly person within tho meaning of tho Polico Offences Act, 1884, in that ho has no lawful means of support. Sub-Inspector Phair stated that accused was found wandering about tho streets on Thursday morning. Tho old man had had 110 breakfast, had no money, no friends, and no home. Thero were a number of provious convictions against him, principally for. vagrancy. Ho could not work if he tried. Accused asked the Court to send him to a homo. His Worship thought tho better course would be to send tho old man to gaol for threo months, during which time ho could be attended to by tho gaol_surgeon. "When you get out of gaol," said his Worship addressing accused, "you como down to my room, and I will see what I can do for. you to fix you up." DESERTER FROM & WARSHIP. A charge of unlawfully, deserting from jI.M.S. Pioneer at Holsgnj.'on February 6,

was preferred against Aubrey Harold Smith. Defendant pleaded guilty, and was remanded until the arrival of one of tho warships ;on board of which bo could bo placed. SAILOR ABSENT WITHOUT LEAVE. A sailor named Thomas Bent was charged (1) with insobriety, and (2) with unlawfully absenting himself from the Tysor liuor Indradevi without leave. Defendant pleaded guilty to both charges. On the first charge a conviction and dischargo wore entered, and on the second information accused was convicted and sentenced to fourteen days' imprisonment, and ordered to bo returned to his vessel, and to pay costs 10s. . MISCELLANEOUS. George Leech was charged on remand (1) with having on August 12 at Wellington obtained from the Postmaster-General tho sum of £40 by certain false pretences with intent to defraud and (2) with forging tho name of George Leitch to a receipt for £40. A further remand until Monday afternoon was granted to allow accused to obtain the sorvices of a • solicitor. Bail was fixed in tho sum of £100 and two sureties of £50 each. Didric Wohlert charged .with insobriety was convicted and discharged. Two first offenders were convicted and fined 10s. and ono was convicted and discharged. SCHOOL ATTENDANCES. A number of parents who had failed to send their children to school as required by tho provisions of the ' Education.Act 1904 wero haled before the Court by the Truant Inspector. More or less plausible excuses wero tendered in every case, and although soveral charges were withdrawn and a few dismissed his Worship warned all and sundry that they had their remedy when their children could not possibly attend school, i.e., to apply to the chairman of tho school committeo for exemption. Fines wero- imposed as follow Henry John Clapperton, James Foothead, Alex. M'lnnes, John Shout, Frederick Thomas, 25., and costs 75.; Francis M'Donald, Frederick Thomas, 45., costs 7s. BY-LAW CASES. For being the occupier of a house.tho chimney of which was allowed to catch firs Harry Lemon Bryenton was convicted and fined 10s.- and costs 7s. Thomas Marshall was convicted and fined 10s. and costs 7s. for riding a bicycle at night in Riddiford Street without a light. JUVENILE COURT. COMMENT BY THE MAGISTRATE. The peaco and quiet of Wadestown has been broken of lato by a baud of juvenile larrikins, who appeared before the Juvenile Court to answer charges of having used obscone language and of damaging certain property. Tho polico informed his Worship that the. lads. visited an unoccupied house on several occasions early in tho present month and broke a couple of gates and somo windows besides , doing other damage to fittings and fixings about the house. Tho same band had used the obscene language complained of. "Altogether they conducted themselves as young blackguards," remarked Chief Detective .M'Grath who also'stated that a great number of complaints had'been made by Wadestown people. These boys, and no donbt others, mado themselves a pest to tho residents of the district.. Mr. Herdman pleaded for =- leniency ■ on behalf of tho youthful offenders. His' Worship remarked that it seemed to him that thoso boys were the beginning of a "push" and the best thing to do with a "push" was to kill it if possible by nipping it in tho bud. Tho Court did not intend to send the lads to gaol and they wore rather big to order their fathors to give j them a whipping—thc> whipping might pos-! sibly go_ tho other way. "You must like dirty things in your mouth" said his Worship addressing two of the boys "when you roll tho words complained of about." Continuing, his Worship said tho boys seemed to rojoiee in this form of entertainment and scorned to forgot that. they wore bringing _shamo upon themselves and thoir families. Clnof ■ Detective M'Grath: These lads can't distinguish between a practical joko and downright blackguardism. ■ , His Worship, again addressing tho boys, warned them that ,ho was very much in earnest in.what, ho had said and if they or any of their "push" came beforo him again to gaol they would go. Turning to . tho polico officors his Worship said: "If you get a few more of_ them bring them here. This kind of behaviour in a now villago like Wadostown cannot bo allowed. It must be nipped in tho bud right away." Tho two boys charged with damaging tho property wore convicted and ordered to come up for scntenco whon called upon, the father of one of thorn undertaking to settlo with the owner of tho property. On the obscone language charge, one of the boys was discharged and tho other two convicted and ordered to come up for sentence when called upon and ordered to pay costs. 7s.