MAGISTRATE'S COURT

Dominion, Volume 2, Issue 322, 8 October 1908, Page 4

MAGISTRATE'S COURT

POLICE CASES. (Before Mr. W. G. Riddcll, S.M.) CHARGE OF THEFT DISMISSED. The partially heard charge against John Ernest Price, draper's assistant, of having stolen one sovereign, the property of the D.1.C., was resumed. Evidence was given by Price that he had been in New Zealand for five months, and had been employed as salesman in the dress department at the D.I.C. Witness produced testimonials from various employers in England, testifying to his ability and character. A customer came to tho counter on the day in question and purchased £3 19s. Gd. worth of goods, tendering £5 in payment. Witness sent the money and the docket to the cash desk, and should have received £1 Os. Gd. cliango. When witness was about to give the change to the customer ho noticed that there was only 10s. Gd. He remarked to the customer that the change was not correct, and, endorsing the receipt to this effect, lie sent it back to tho cash office, and received the correct change. Some timo after this witness was callecT to the manager's office, where ho was accused of having tho £1. Witness demanded a full inquiry. Ho would swoar that ho did not get tho money. His Worship stated .that this was a rather extraordinary case, but thero was a doubt about tho matter, and on the evidence the Court was not prepared to convict. The information would be dismissed. Mr. W'ilford appeared for defendant. THEFT OF A WATCH. Chas. Richard Smith, a labourer, was' charged that, on or about July 31 ( at Martinborougli, he did steal one silver hunting watch valued at £.5. IPs., tho property of John Wni. / Kershaw. Accused •pleaded not guilty. John Griffiths, pawnbroker,....stated that accused pawned the watch "(produced) on August 12. Detective Androws stated that accused had previously gono under' tho liamo of Michael- Tracey. Hs denied ' stealing the watch, and named tho place where ho purchased it. Accused pn oath stated that ho bought the watch in Martinborougli from a man, who said ho got tho watch from Pain and Haycocks, He had seen the man before, but did not know hi 3 name. A conviction and sentence of three months' imprisonment was imposed, to run concurrent with a term of imprisonment accused is at present serving. ALLEGED THEFT OF A WATCH AND MONEY. Wm. Henry Carlson was charged with ■having, on July 10, 1907, at Wellington, stolen three £1 notes, ten sovereigns, four half-sovereigns, and one 18ct. gold chain, and one silver hunting Tyatcli, of a total value of £25, tho property of Wm. Clements. On tho application of Chief Detective M'Grath, a remand was granted until October 14. BY-LAW CASES. John Smith and James Aitken, charged with being the occupiers of premises, tho chimneys of which were allowed to catch fire, were each convicted and fined 10s. and . costs 75., ' George Sam was convicted and fined 10s. and costs 75., for allowing offensive smelling rubbish to remain on certain premises in Old Karori lt-oad. An information against Bartolo Russo, charged with allowing threo cows,' of which ho was the owner, to be at large at Eastbourne, was dismissed. ' . A NORTH STREET SCENE. John Butler appeared on remand on a charge' of having at Wellington, on September 17j assaulted one Anton Larsen so as to causo him actual bodily harm. Sub-Inspector Phair conducted the case for tho prosecution, and Mr. P. Jackson appeared tor tho defenco. Anton Larsen, labourer, formerly a resident of North Street, stated that ho went to accused's house in North Street about 6-p.m. on September 17 to see Butler, whom ho had known for a number of years. After witness had had a drink with tho people in tho houso accused came homo, and the oompany had somo more drinks. Whilst witness was talking to accused, Mrs. Butler camo along, and a good time afterwards when she had left, accused, in consequence of something that had taken place whilst Mrs. Butler was in the room, hit witness on the head with something hard. Witness was stunned, and, when ho camo to, Mrs. Butler was saying, "You have killed him." Butler replied, "I'es, 1 have killed tho ." After witness regained his feet ho went to tho -Mount Cook Polico Station, and then to Dr. Gilmer. To Mr. Jackson: Witness was intoxicated when he wont to Butler's house, and ho had nioro beer there. Ho could not remember having offered to wrestle with Butler, or catching hold of him in attempting to throw him. Ho may have done so. Ho never told anyone he fell down iii Butler's houso and cut his head. John Lawson, labourer, stated that he was boarding with accused on September 17. Whon he went homo to tea all those in tho house seemed to be more or less under the inflyenco of liquor. Accused was tho worse for drink when he camo in' about 7 o'clock. Butler and Larsen appeared to be on tho best of terms. Larsen and Mrs. Butler seemed to be .011 friendly terms, and Butler said he didn't like it, but when witness left the houso tho two men wore still apparently good friends. Dr. Giliner stated that Larsen called at his surgery on September 17. Larsen had an incised wound about two inches long over the loft eve, another wound across the bridge of tlw nose, and threo small wounds on the head. The wound-over the eye was a severe one and almost reached tho bnno. Tho wounds could havo been made by the tomahawk produced, which had marks to all appearances resembling blood. The wounds on tho back of tho lioad were distinct cuts. Constable Belcher remembered Larsen calling at tho Mount Cook Polico Station on September 17 and making a complaint. _ Larsen had several wounds about liis head and face. After taking caro of Larson witness weut to Butler's houso,

and found in the yard tho axe produced, on which there was some dried blood. Butler said lie knew nothing about the assault. • Accused pleaded not guilty, and was committed to the Supreme Court for trial. Bail was allowed in tho sum of £30, and ono surety of £30. .ALLEGED BAD COMPANY. Wm. Stevens appeared on remand on a charge of being an idle and disorderly person within the meaning of ' the Police Olfences Act, 1908, in that he habitually consorts with reputed thieves. Mr. Wilford appeared for tho defence. Detective Andrews stated that, when he arrested accused he (acouled) said ho was just going to work on the Turakina, but was a bit, late starting. Accused said that it he was let go he. would go away to Kaitoke, where he had a job. Witness detailed various allegedly reputed thieves he had seen accused in couipauy with. Detectives Williams, Kemp, Lewis, aud Cassplls also gavo evidence.' Mr. Wilford urged that, under Section 49, subsection E, of tho Police Offences Act, 1908, the polico had failed to prove their case. Counsel contended that there was no proof of habitually oonsorting within the meaning of the subsection, and that reputed nmst mean reputed amongst tho community, and not amongst tho police only. Mr. Wilford urged that 110 evidence had been called to show that the persons named by tho detectives had the reputation in the community of being thieves. His. Worship reserved his decision until October 14, to look into tho legal dcfenco raised. CHARGE OF BIGAMY. John Kelly, alias Wilson,, a labourer, appeared on a charge of having at Wellington, on February 12, committed bigamy with Honora Lynn. Mr. O'Leary appeared for accused who, alter hearing the evidence at length, pleaded not guilty, and was committed to tho Supremo Court for trial Bail was allowed in the sum of £80. a,ni two sureties of £40 each. MISCELLANEOUS. Mary Af'Nab, charged with insobriety, was convictwl and lined 205., in default seven days' imprisonment. Two first offenders were convicted and fined os., in default twenty-four hours' imprjsonnieut. MOUNT COOK POLICE STATION. At the Mount Cook Polico Court yesterday morning, before Dr. Mackin, J.P., John Shannon was sentenced to one month's imprisonment. Henry M'Cormacl;, for drunkenness, was convicted and discharged: Three first offenders, for drunkenness, wore fined 55., or 24 hours' imprisonment, in default.