MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 308, 22 September 1908, Page 2

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr. W. G. Riddell, SiM.) OPIUM. PROSECUTION B\ T THE CUSTOMS DEPARTMENT. A voluble Chinaman named Chow Shec appeared on a charge of having, on February 17, at Otaki, been found -ill possession of one ounce of onium suitable for smoking. Mr. R. Carter, Collector.of Customs, conducted the case for the prosecution. Constable M'Auerin stated that ho was stationed at Otaki on February 17, and, accompanied Mr. D. Johnston, then Collector of Customs at Wellington, to defendant's house, Mill Road, Otaki. Two smoking pipes and other necessary articles for smoking opium were found in the house, also about an ounce of opium and a small quantity of yen she. Defendant admitted that the premises belonged to him. Another Chinaman was in tho house at the time, and he stated that he had come there as a visitor. To accused: I did not see you smoking, but tho pipe was warm, and there were fumes of smoke in tho house. James Eager, Customs officer, stated that ho accompanied the Collector of Customs on the visit to Otaki, and corroborated tho evidence of 'the previous witness. Chow Sliee admitted that the opium was in the house, but said it did not belong to him. • His Worship did not consider the explanation given by accused was satisfactory. He would be convicted and fined £100, but as this was his first timo before the Court tho fine would bo reduced to £25 under Section 260 of the Customs Act. Accused would also have to-pay costs lis. CHARGES OF CRUELTY. Thomas Roberts was charged with having, on September 1, at Wellington, sanctioned one James Ward, an employee, to icruelly'illtreat a horse. Mr. Meredith appeared for the Society for the Prevention of Cruelty to Animals, who prosecuted, and Mr. P. W. Jackson appeared for the defence. Frederick Seed, Inspector of the Society for the Prevention of Cruelty to Animals, said he saw defendant's horse in Molesworth Street on September 1. By tho way the horse was standing in the shafts of an express witness noticed that- it appeared to be exhausted. The driver told witness that he had told the owner that the horse was not fit to work. W. C. Quinnell, veterinary surgeon, stated that ho inspected the liorso .in question, and gave a certificate that the animal was physic-' ally unfit for work. It had soro withers in addition to being entirely run down. Harold Miller also gave evidence.' Thos. Roberts, coal dealer, stated that he did not know that the' horse was suffering from a sore' back. On tho morning in question tho driver had said the horse had a bit of a sore on its back, and witness told him to take another horse. "Witness thought the horso was in a fit condition to work, and was always careful in looking after his animals. Chas. Roper, driver, stated that lie used the horse in question about four weeks ago, when the animal appeared to be in : a fit condition. Before giving his decision in this case .his Worship heard another charge, against James Ward, of cruelly, ill-treating tho horse mentioned in the first charge. Ward, through his counsel, pleaded guilty. Counsel stated that Ward was employed by Roberts, and had noticed the sore, and, as possible, had tried to protect it by placing a shawl over it. ■ Tho information against Roberts was dismissed. Ward was convicted and fined 40s. and costs ;£l;..Ss,,! ; .in default seven days' imprisonmentr „ (> j ? , STEAMSHIP OFFICER AND COOK.' Harry Vincent Webb, fourth'officer of, the steamer Rippingham Grange, pleaded not guilty to a. charge, of having, on " September 17, unlawfully assaulted I Christopher Givnan, a cook.' ; j Mr. P. W. Jackson appeared for plaintiff, | and Mr. Blair for defendant. Christopher Givnan, cook on the steamer [Rippingham Grange, stated that he went'on board the vessel at 10.30 o'clock on the night' of September 12; Witness was with another man, who was under the influence of liquor. This man fell on the deck and witness, who wanted to stand, by him, was ordered to his quarters.-' Without any provocation, defendant, struck witness on two'occasions knock, ing him down. . Edgar Hupe, steward on the Rippingham Grange, statod that he saw the cook going along tho dcck, and saw tho fourth officer strike him in the face on two occasions. Thomas Anderson, steward, gave* evidence as to having seen Webb strike Givnan twice. Harry Vincent Webb, fourth officer of the Rippingham Grange, stated that ho was about to turn in on the night in; question when he heard a disturbance, and went out on to-tho deck, whero ho' found a number of stewards under the influence of liquor. Witness did not striko Givnan. William Henry Fowler, chief officer of tho Rippingham Grange, stated that, ho saw Givnan fall on tho deck and; cut his face. Witness had been called; out on deck because some of tho crew had come on board under tho influence of drink. Thos. King, a passenger by the Rippingham Grange, stated that ho saw Givnan lying on the deck of'the vessel, and picked him up and took him below. Witness did not seo the man fall. John Hooson, quarter-master on the vessel, was on duty at the gangway on the night in question, and saw Webb helping one of the steerage stewards along. Givnan was helping to pick another steward up when ho was ordered to his quarters. Ho refused to go at first, but did go at length. Witness did not see Webb striko Givnan. David B. Seabourne, second officer of the Rippingham Grange, stated that tho cook refused to go to his quarters when witness told him to do so. His Worship considered there was considerable discrepancy between the evidence of the .witnesses for complainant and those for defendant. The evidence was also somewhat disconnected, and it was somewhat difficult to arrive at a solution of the occurrence. There was a. doubt about tho first blow alleged to have been struck, and defendant must have the benefit of the doubt. As to the second* blow, an assault had been committed, but-not a serious one, and the assault arose through complainant's own behaviour. Defendant would be convicted and discharged. No costs would be allowed.

MISCELLANEOUS CASES. Two young women, Mary Sidon and Doris, Payne, were each convicted and sentenced to one month's imprisonment for importuning. Minnio Bisman, similarly charged, was convicted and fined £2, in default 7 days' imprisonment. Mr. Weston appeared for the defence in each case. A prohibition order, to have 12 months' currency in the Wellington, Newtown, and Hutt licensing districts, was issued against Harold Alfred Doorey • Kong Chong pleaded guilty to a chargo of having sold cigarettes to a youth under the ago of 15 years. A conviction and fine of 20s. and costs 135., ill default 7 days' imprisonment, was imposed. Janies Jones and Patrick Walsh were each convicted and fined 205., in default 7 days' imprisonment, for behaving in a disorderly manner whereby a . breach of the peaeo was occasioned in Ingestre Street. JSvidence showed that Walsh was oil his way home 011 Saturday night when Jones struck him. Walsh retaliated, and the police then camo on the scene. James Malachy Sheridan was ordered to contribute tho sum of Bs. per week towards tho support of bis child. Mr. Kelly appeared for complainant. A young man named Joseph Daly pleaded guilty to a chargo of having, on September 13, at Masterton, attempted to commit suicide. On the application of the police accused was remanded ujitil Friday for sentence. Jan™ Baird Vallanco waß charged (1) with ha viae, at .Wolliufitoa, on September 12,

stolen an oilskin coat valued at ]os., the property of Funny : Whittaker, and (2) with having, on September 15, at Wellington, stolen one drossing-casc, valued at 10s., tho property of Alexander Wilson. Defendant pleaded not guilty to both charges, and on the application of Chief Detective M'Grath was remanded until September 25. John Dunlop, a-steward, was remanded to appear at Lyttelton on September 30, on a charge of having, on September. 19, used obscene language on board the s.s. Monowai. Bail was allowed in the sum of £10, and one fH'nl £10. Sir. Hindmarsh appeared for tho defence. : ' 1 '•■'•

Stephen _ Cairns and Matthew Moore were each convicted and fined 205., in default 7 days imprisonment, for insobriety. Seven first offenders were dealt with, each being convicted and fined 10s., in default 24 hours' imprisonment.

MOUNT COOK POLICE COURT. At the Mount Cook Police Court yesterday morning, before Mr.' J. Collins, J.P., William Maher was fined 405., or one month's imprisonment, in default, for drunkenness. For a similar offence John M Kay was convicted and discharged. Four of tho first; offenders did not appear for trial, and we're fined 10s. or 48 hours' imprisonment, and two first offenders on bail were fined. 55.. or 24 hours 'imprisonment.