MAGISTRAE'S COURT.

Dominion, Volume 2, Issue 415, 26 January 1909, Page 7

MAGISTRAE'S COURT.

• POLICE CASES. . . ... (Bofore Mr. W. G. Biddell, S.M.) ; "RINGING THE CHANGES." • James Campbell and Alfred Benson wore brought forward for sentence by. Messrs. J. B Speed and Geo. Winder, J.P.'s, on a charge of having on January 15 "attempted to commit thoft,of 10s., the property of one John Abbott Hinton. Chief Detectivo M'Grath stated that tlie accused wont into Hinton's shop and attempted to steal 10s. by means of a trick known as ringing the changes or '"tiro brummagem bustle," but the young lady in the shop was with the trick and refused to be victimised. Sho informed Mr. Hinton, who in turn communicated with the police. Iho two men wore arrested in .a hotel shortly after by Detectivo Broborg. They were in the act of carrying out a similar tnok m the hotel, Benson slipped the handcuffs on the way to tho station, and bolted, but was recaptured. Both men were recent arrivals from Australia, and there were no.previous convictions against them in New Zealand. Benson was known to have been associating with Sydney criminals hero. . ;-Mr. Wilford, who appeared for the accused, pointed out to the Bench-that his clients were first offenders. Thoy wero both married men, and had already been in custody for ten days. , Counsel suggested that they would be sufficiently punished by being convicted and ordered to come up for sentence when called on. Both men had means. . The Bench adapted tho course suggested by Mr. Wilford. J"' A TANGI AND LIQUOR. '. hotel proprietor, Porirua, was charged with .having supplied liquor to. A.Maori named.Whata Matenga for consumption off the premises on which the liquor was sold. Robert Jiljett, barman, was similarly charged. Both cases wero' taken together. : - , ' . ■ :.' : ; Sub-liisppctor Phair conducted the case for vthe, prosecution, and Mr. Neavo' appeared for defendants: : The informations were laid under Section .270 of, tho Licensing Act, 1908. ; Whttta.. Matenga, residing at Porirua, stated that on December 30 ho went to the. hotel kept by defendant and ordered.a glass of liquor, which he drank. Ho also ordered four bottle's of liquor from the barman (Jiliett), and told hinj to put thorn down to witness's running account. Jillett took tho beer and put ! it in a .vehicle outsido owned by a Mr. Whitehouso,' and witness then put tho bottles into his own trap and took them homo to .'the where it was consumed by several Natives and a European, i Constable Abbott stated that he explained tho charges to tho defendants. Mrs. O'Halloran denied that she had sold liquor' to the Native,, as strict instructions wore given against'those .sales. Defendant Jillott also denied.selling the liquor to. Matenga. .."Witness, examined a small day-book and saw Matenga.'s account, which had various smalt sums in it, but no dates and no particulars of sales..- ■

Sub-luspectbr Phair made an application for-tho district to be amended to tho Rankawa - district.. An objection to. the alteration was made by Mr,, Ncave,./ , Nellie: O'Halloran, licensee of tho Porirua Hotel, stated that, she knew that it was unlawful to supply liquor, to Natives except for consumption oti tho premises, and she had .given strict instructions to that effect,' Ou Decembor 30-witness loft the bar after' 5 p.m.; and told the barman to put four bottles of boor in Mr; Whitohouse's trap, Witness did Inot sell Matenga any beer for Consumption oil'the premises. . Robprt Jillett, who was aoting as barman for Mis. O'Halloran. on December 30, stated that, acting under instructions from his' employer not to givo the Natives (who' wore drinking \ with a Mr. Whitehouso) any mow beer, he-filled four bottles, of shandy and plac'od-them. - in - 'a trap, owned by ilr. Whitehouse, so that Mr: -Whiteliduse wbiild leavp. -Witness received' no';.oYcle'ri.' from Mate'rfga,. arid' gave hip' no' beer 'to.'take away, ; Itwas a strict ordor not to give the Natives, aiijr-;liquor to carry, away. Mrs. 0 Hallorari insisted on this ordor being parfidd 0ut,'.... .) '■' ■'■•'.■■'- j Mr.'. 'Noaye submitted ; that tho distri'ot mentioned in ,tho information was not the district in which, tho liquor', was alleged to have been sold,'and thorefore on this ground, as well; as on the .'evidence, the - case should bo dismissed; . His Worship reserved his decision, ■■• : ANOTHER ONE "FOUND BY NIGHT." .; Albert Tronson; a young jnan, pleaded guilty- to a charge of being a rogue and vagabond within the meaning of'the Police Offonoes - Act,'-. 1908, m that ho was found by night on the premises of Thos. M'Cord, Tory Street.,. Tho samo defendant was also charged with having used obscene languago. i Sub T lnspcptpr , Phair stated that in re*, spouse' to N a telephone mossago' a constable' was.-sent to,.Mr,: M'Cord's premises and found accused, who had climbed up one of tlib verandah posts, and was looking into t|he'. rooms' upstairs, 'Accused made use of tho .language 'cohiplainod of. when he was i arrested. He had pnly como down from the country recently. Accused said he had comb down from Paekakariki,; .where he had heon working, and was in search of other work. He did not arrive until 11 p.m., arid had been drinking, and did not remember • anything about the offence. • On-the .-.first charge a' ; sontonoe of one nionth!s imprisonment was entered, and on the second ohargo a sentence of 14- days' imprisonment was imposed, the sentenoes te be cumulative. .'; MORE ABOUT THE TANGI, '••;:' AND MORE LIQUOR,:Herbert Wm. Prestqn, wholosale wine and Spirit: merchant, appeared in answer to a ohargo of having supplied liquor to one Hawo Ngapuhi, a Maori, for consumption off tjie premises whore such liquor was.sold. ' Mr. Neavo appeared for defendant, who pleaded guilty, , Suh-Inspector Phair stated that on December 22 a Natjvo from Porirua, Hawe Ngapuhi, camo into town to make arrangements in connection -with a tangi. Aniougst other things which ho ordered wore ten gal-loris-'of beer from defendant, Tho beer was doliyorod at tho railway station, and was taken to ■: Porirua by Ngapuhi,. and placed outsido the house where the subject of the tangi was lying, Some thirty or forty Natives, both male and female, got intoxicated at the tangi on this and other beer, and a, rather disgraceful scene resulted, This was probably tho first cose of its kind undor tho new-regulations. !• Mr. Neavo stated that the Maori camo to Mr. 'Preston's shop and bought the beer in the ordinary course of business, A notice had been gazetted proclaiming certain districts prohibited, but defondant did ;not know that the Native enmo from a prohibited area, as persons directly interested had not beon notified of the proclamation, Tho first intimation defendant received was the laying of tho information for proceedings in the Police Court. . ■ _ ~■•■■.: His Worship said that tho case was tho first of its kind, and unless tho Maori com-' municated to dofendnnt that he resided in a district which had ■ been proclaimed a prohibited area, ho (defendant) could hardly know without reading tho Gazette. . Defendant, was fined 205,, and cqats lps., in .default soven. days' imprisonment. A STOWAWAY FROM TAHITI. A young man named -Walter. Charles Clayton pleaded not guilty to haying, between January 13 and 23, travelled between Tahiti and Wellington on tho steamer Manapouri without paying his fare. ' • Evidenc'o was given by the captain of the steamer that defondant was given over to him as a stowaway after the vessel had left Tahiti for\ Wellington, Witness was going tp put defendant to work, but found- ho could not do so without signing him on tho articles. Ho then arranged to send the man back to Tahiti in a schooner, but defondant said ho would sooner come on to Wellington ■ aud-Btand the consequences.

Defendant, on oath, stated that ho was on his way from San Francisco to New Zealand, and had tried to buy a ticket at Rarotonga, but the faro was over £7, and ho'only had £2, and tho company would not issuo a ticket. . His Worship entered a conviction, and fine of £5, in default ono months' imprisonment. EJECTED PROM' A THEATRE. Joseph Keen on remand was charged (1) with disorderly conduct in the Theatre Royal whilst drunk; (2) with being an idle and disorderly person within the meaning of the Police Offences Act, 1008, in that ho has insufficient lawful means of support; and (3) with being an idle and disorderly person in that ho habitually consorts with reputed thieves. -..''■ Accused pleaded guilty tb all three charges, Chief Detectivo M'Grath, referring to tho first charge, said accused was under tho influence of drink at tho Theatre- Royal, and created a disturbance in tho dress circlo and had to bo put out. As to the other charges, accused had been about town for somo time past, and had not been doing any work, but • had been associating with criminals. He had admitted himself that ho was like a concertina—in and out (of gaol). There was a list of 27 previous convictions against his name. His Worship said it was difficult to give a person with, a record . such as accused a chance. He must have had chances before, and it was doubtful if another would bo any good. On tho first charge he would be sentenced to seven days' imprisonment, and on each of the other charges he would'be sentenced to three months' in gaol. A QUARREL AT KARORI. Alfred Joseph Frandi (Mr. Kelly) charged John Richard Tarr (Mr, Wilford) with having unlawfully, assaulted him. Evidence was given for the prosecution that'.plaintiff went to defendant's place with an order for a rake which defendant would not give up. ■' After an altercation defendant struck plaintiff. For'tho defenco it was urged that plaintiff had ill-used his horse, and when defendant remonstrated with him " ho used. some very I objectionable language which provoked defendant to strike him. " . Hjs Worship thought the matter was.exaggerated by both' sides, each of 'the parties boing of an excitable disposition. Tho.evfc. denco went'to show that tho assault was committed .on defendant's property,, in con-'j sequence of tho language used by plaintiff, Tho.information.mast bp dismissed.without costs. .■'.:• MAINTENANCE. ;'' ' • Chas. - Swinerd was convicted and sentenced to 14 4ays' imprisonment for' disobeying an order ; to pay 15s.' por week towards tho mainr tenauco of his three children. An order was made that tho warrant-be suspended so long as 10s. per week is paid off the arrears. ; Joseph Thos. Stewart Barker, charged with ,disobedienco of an order to contribute to the maintenance of his wife and four children (arroars, £4 165.), was convicted and sen- 1 tencod to 14 days' imprisonment, warrant to bo suspended- so long -as 10s. per week is paid off the arroars. ■ i Wm. George Bassott was convicted and sentenced to 21 days' imprisonment fop disqbeyjng an order to pay 7s. Gd. per week towards the maintenance of hjs child. •Harold Walker was adjudged the putative father of an illegitimate child, and was ordered to pay 4s. .Jid.'.por week towards its maintenance, and, to pay. costs £7 7s. Defendant was also ordored to enter into a bond in £25, and ono surety of £25, for compliance with the order,' in default two months! 1 imprisonment. Seven days was. allowed to. find, the surety.',' , Edward Bevan, charged with having disV obeyed an order to pay.ss. perweek towards tho support of his phild (arrears, £2 Ids;);, paid the amount into Court, and followed the same .course in respect <to an ordor for ,the support of his wife '! (arrears, £7 10s). On the application of Mr. Cook for informant, defendant was ordered; to pay £1 Is. costs in each case. \ : '■.'■,-':' ■• .OTHER OASE.S.' ■~""'■ Catherine Thatcher, oharged with insobriety, was-convicted and fined ss„ with the alternative of 48 hours' imprisonment. Four first 'offenders : who• failed" to answer their bail, were convicted, and fined 10s., inr.default '48 hours' imprisonment, and,: another first offender was convicted and discharged, 01} condition that'she paid. ,12s. Gd. expenses within.a week., < Ellon Woods, (charged with procuring, liquor for a certain female, knowing her, to bo. .the. .subject of la prohibition ;order, was convicted and fined £3 and costs' 75'.,, in default 14. days' imprisonment.... ■'■••■' Margaret Irving wa3 convicted and fined 40s. arid costs 95., in default; 7: days' prisomnqnt for procuring liquor during the currency of a prohibition order. John .Wm'- Long (Mr. Cook), was fined 40s, and costs 75., in t default J 7 'days' imprisonmont, for procuring beer, during the currency of a prohibition order. BREACHES,.OF, THE BY-LAWS. Ernest Bray and Samuel Bray wero separately charged at tho instanco of the City Council with having on August 27 unlawfully dug up and removed gravel from Ohiro Bay Road, so as to cause iifiury to tho road." Defendants swore that they were at'.another place on the date in question,' and produced an engagement-hook to bear this out.. His Worship dismissed, tho' informations. ' Mr, O'Regan. appeared for defendants, and Mr, : ;o'Shoa for the City Council; .. • B. Wimcott was ordered to pay costs 145,for. driving-a-, vehicle across tho intersection of Manners and Willis Streets at other (ian a walking pace. • . Mrs. Kate Boaucharop, Ijotolkoopor (Mr. J. J: M'Grath) pleaded guilty,to a charge of having.during the week, ending December 26 failed to/allow'a half-holiday to m assistant, A conviction and fine of Is. aijd costs 9s. were entered.. , ]\ ' ' JUVENILE COURT. WILFULLY DAMAGING TREES. \ Five juvenile offenders, all about 15 years of ago, pleaded guilty to charges of having on December 20, at Wellington, wilfully damaged trees in tho Queen's Park,, .Sub-Inspector Phair stated that tho boys assomblod at tho Queen's Park on December 20, and one of them suggested that the party should ring tho trees and kill them. The boys acted on-tho-suggestion, and do l stroyed five trees. ,-■.-•■.' His Worship tho Mayor, who-.was present,' stated that.the boys wero all sons of respectable oitizens, and two of them had ak ready.'been punished by their parents? A conviction and order to come up for sentence when' cajlod on wore entered on condition that each of tho boys paid 4s, towards making good the damage done, ; ' CIVIL BUSINESS(Before Dr. A. M'Arthur, S.M.) ' ' . UNDEFENDED CASES, Judgment for plaintiff by default of defendant was. given I in the following', undefended oases:—Commercial Agency, Limited, and J, H. Fletcher v. August.L. SoufHot, £6 14s. 4d., costs £1 Bs. Gd.; same v. James Simpson, £2 145., costs 18s.; saino v. R! J. Mason, £3 ss. 5d., costs £1; Dresden Pianoforte Manufacturing and Agency. Company, Limited, ,v, Charles Duncan, £10 7s. Gel., oosts £1 lis. Gd.; Thomson, Lmyis, and Co' v. J. E. Ashworth, £5 6s. K costs £1 7s. Gd..; Kirkcaldie and' Stains, Limited, v. J. P Shipton, £10 25., costs £1 lis. 6d.; A. s! Biss (for. Mrs. S. A. George) v, Wm. Wilson. £4 75., costs 125.; Commercial Agency, Limited, and J. H. .Flotchor v. Potataii, £6 Is. Id., costs £1 19s. Gd.; samo v. Kawana £8 7s. Id., costs £2 3s. Gd.; samo v. Joo Whakarato, £27 13s. 3d., costs £3 Cs.; W. Launder v, F., Wli.ittakor, £4 55., costs 10s. •• E..-Reynolds' arid' Co., Limited, v, Jamos Adams, £3 lGs., 6d., costs fis.; Annio M, Harney v. W. E. Goodwin, £1 12s.' Id., costs 55. : '•■■•' , No order was mndo in tho judgment summons oaso, Charles H. Hilggs v. Andrew J. Dunpan, a claim for £3 Is. . CLAIM FOR COMMISSION. , J. A. Myers. (Mr. Bunny) sued Joseph Ingle (Mr. ,Fitzgibbon) for £45 135., being opminission due. The original claim was for

£61 10s, Defendant, the-" proprietor of a fried fish shop and oyster saloon, employed plaintiff to conduct a saloon at Newtown, and agreed to pay him 30s. a week wages and a commission of 4s. in the £ on the profits of tho business.' v.'■''. . . ' ! ' Mr. Bunny stated that t)i° receipts, during the time plaintiff'was connected with the business amounted to £1003 ,ss. 3d., and the expenses to £779, leaving ■ a profit of £229 os. ;3d. These figures: , :W*er6'\obtain'ed fromtho books pf tho proprietor, Joseph Ingle'.;' ; For the defence, it;-.was .contended 'that tho profits were not such as represented by counsel for plaintiff, ; ; ;.',.;,., After hearing evidence •pt length, : his Worship gave judgment-for plaintiff for £17 2s. ,10d,, and costs £3 19s. ;. . - ' • ..; AN INSANITARY DWELLING,;.. "B A claim for £7 10s.; rent''of:a dwelling situated at '23 South Itaad^', Wellington, was preferred by- Archibald .Hinds' against' Thomas . Albert Coimell. Mr. Meek appeared .'for plaintiff, and.Mr. Wilford;for defendant.." "Evidence as-to-non-payment of the rent was given- by...Mr; Westwpbd, formerly a CQllecfcor jn tho employ.;bf Messrs. vHar'cb'urt' and Co. -■ • , : ™- - ~'„''''.''.'' ' ' '"■"' Dr. Frenglcy,' District Health Officer, stated that in June, 190S, coniplaihts were made regarding -tho'insanitary,' state of the dwelling, in -question.; On ■,'sbv'.ember\ 26 ho inspected'the house, and-ho was. of opinion that it was dangerous-for people to live in it. Ho informed the City Council of the requirements of...the Health": Department -in; regard to.the-building. M <.--'-°Y ;'.-■'; i "v .■"■'.' ;'•';■ _ Dr. A. T. Perkins evidence, as to''the'; illness : which 'had own'.'.prevalent'. : !ui ! feiidant's ■'family,'.' whicli i, "lie. .thought. was largely duo to', the statWjof■ tlje. dwelling..- V, 111 evidence,'■'defendant ■ stated; that.there was li clause in his .lease whereby Hinds was bound, to keep the premises in Tepair. This ho had not done, though'repeated''applications bad • been- made to him 'to ;"fulfil •■"• tli'e terms of the lease. *<<< ,■«»■>-■ ■ S. Watson, inspector,;'f,or';^h'e..;Ci,ty ; [; Cor-, poratipn, "also gave evidence-as to, the state of tho building. . ....'„.r4"-"*~ r „'.-'.,. Judgment was giyen,.fori,defen.daiit:-vwitli, costs £3 7s. '.; . . ■.:-'.■;■■■■ ' ;i;:: ::' : J , '-■. MOUNTfCOQK PQLioE.i^QpßT^,,;^^ At the Mount Cook t.'P6lice'.'Court'-yesferr' 1 day, morning, before MrV-H; ; ''Bakcr, J.P.',: three first offenders, charged; lvithfirispbrifety;': were each fined 55., in default; 24 froufs' imprisonment. ; ■■:'■..".'■; /.''"''■■.;'■','''.''.'!' "l