MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 453, 11 March 1909, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddoll, S.M). A CITIZEN'S AWKWARD POSITION. CARRYING A LOADED REVOLVER. A'well-dressed man of middle ago, named John Jas. M'Caskey, ploaded not guilty to a, charge of having been found by night, at 10.45 : o'clock, armed with a* loaded revolver, wiih felonious intent. Sub-Inspector Phair conducted tho case for tHe. prosecution, and Mr. Ncavo appeared fdr, tile defence. John' Jas. Doyle, a labourer, employed at a-flaxmill at Plimmorton, stated that on March; 5 he met accused in Co-irtenay Place, and isked to be directed to the Manawatu Station, as ho did not know tho way. Accused said :; ho would show witness the way, and to6k>him down past tho Te Aro Station and np'tb-'th*-.left. After going along some distance; witness asked if there was any place. wHoro they could get, a drink, and accused xepliccl: "My dear boy, do you know who I alii'?;,'; I'm. a detective," at tho same Mmc putting his hand on witness's shoulder and pulling out a revolver. A littlo furthpr on witness said that he thought that ho could find his" own way, as ho then thought they wero nttt, going towards tho Manawatu Station. AcoiiSed said that it was very easy to get ldst,;and : when witness was going away said: ''Ypu:-'know, old chap, we fellows generally expect; something for putting a chap' on tho way.";, Witness gave him a shilling. Witness dlcPn'Ot like the look of the man, as he tnojight that he'might bo "one of those garrotter chaps." Ho followed accused, who : weht'juito. a doorway, and then about the stteets;" stopping at various places. At length witness met a constable, and explained the pbsitio'h to him; the result being ithat tho conBtable.i.arrosted, accused and took him to the pbliqeJ.station/- The revolver was found on accused when ho was searched at the station. It fwas'owing to the general behaviour of accused, and his producing the revolver that witnosihad given him tho shilling. ,iT6.;Mr. Neave: Witness had had a couple of drinks, but ytxs by no means intoxicated. He.'did not heal' accused say that ho carried aj revolver and :a walking stick to protect himself from garrotters. Witness was a stringer to the town, and did not know the streets;': , .'Cohltable O'Brien stated that he was on diityan;Lambton Quay, near the Commercial Hotel;'when the last witness came up to him and iU niado a complaint, and pointed out the becuse'd; who was standing at the corner of GreviStreet. Witness followed accused when he tvalked along tho street, and subsequently fifrost&l him. Accused denied*that ho askeil informant for a shilling after Doyle had said '.' 5 e ,!.(l cousecl ) had represented himself as a ; doteotive. Accused also'denied- that he represented himself as a doteetivo. A loaded revolver was found on accused when ho was Searched. . . , ..$$- r ' Neave: M'Caskey said that he bad ba £Mf r °™lvor for thirty years. Constable Blake, who was on duty in tho wawh-houso when accused was brought in ; d«p?!sed that thei' iovolver (produced), some papers, and 2s 2d. were found on him Accused seemed to trcatthe charged ajoko This;concluded tho evidence for the 'prose.cution.-*- . l I^J^;,o M ' G ?^ y '; cnl P% (:(3 on the »aper "SeArchlight," stated that, on tho evening of March 5, he went to visit a +;te'L CaE ? 1 bn ?9 C T ™, and stayed unhis way back home via JervoisiQuay, he overtook a drunken man, who to the : Manawatu Station. WitnMs advised the man to tako a tram, *Wt7 OU,d no £v and - witness showed him £KfAi " WBy j'■' turned on ? d "°* ter s, and witness reassured tho man 1 ' 0 ?. o™-be-carried-a0™-be-carried-a revolver and a st ck-fdr his own protection.- Ho had had the revolver for 33 years, and .had taken to carrying it of lato since the garrotter scare, as had to go home in the earlyv hour? of the morning, The cartridges had been m .the revolver for over 30~ vears. ine .statement that witness.had represented • himself as a detective''\va~s ; 'a«'absolute'falsehood. the constable arrested witness, • fl 3 (wtness) -expressed tho opinion that the stal i?i??, affair ? was monstrous/ He took the position as a. .joke, until..he .saw.how things were^ going. .Witness was a married man hymg .in Tinakon>Road, and had held vari- - ™s,public offices ; n;Geraldine/.where he was in business for many years. He had also ?r n ii e r m tf oyed , in Pal »atua and Petono. ' j V.'M. Braund stated.that accused had been m nis,.employment for twelvo months past ?i■ .tnistw.orthy.man.' Witness knew .. that M.Caskey had been carrying a revolver for some weeks past,, as ho frequently had' *° JP„'!lionie early in the morning.. , Chas. C. .Read, bootmaker, said that he had,known accused .-for about 18 months. Accused had been at witness's placo from 8 t° 10' on the?night inquostion. :: Robt. A. Burrows, dispenser, had known accused since 1894, and knew.him as a thor-' lOUgnly esteemed citizen. _ Robt. Ross, M.P., had known accused for hve,years. Ho was an upright man and a good citizen., i!.^V Worslli P said that.it must be proved that'there was felonious'intent before a conyct'On could be entered on such a charge. Ine;m6re carrying of a revolver throw the onus on accused of proving why he was .carrying the weapon. There had certainly been some Mare m reference to garrotters of Jate,and this was some excuse. It was difficult to say w hich.of the two stories was cor- _ rect.,. Informant admitted having had two 'tt apd 110I 10 may have hatl more. Evidence had;.been given that defendant was a respectable man and had held responsible positions;.;-' The'present prosecution orilv showed how oven a respectable citizen could'get into ; trouble. Accused would be discharged, 1 as there, was not sufficient ovidenco to show that;-ho earned the weapon with felonious intent. -' "NO APPEARANCE." FAILURE TO ANSWER TO BAiL. Michael Hurliby, on remand on a charge , of having on February -27 stolen two metal watches, one rolled gold chain, and a modal, of a.tetal value ofJSI 2s.' 6d., from the pcrhi"b o ailV RlckmM J failed to answer o v rt c a \ ad J oUrned fort e n minntcs Whilst.Chief Detective Broberg and Mr Cook; counsol for the, defence, sent out a search-party to look for.accused. Mr. Cook informed the Court that accused had been in\the. Court all day arid up to twenty min-' ntes before his caso was caQcd. He had ap-peared;-to counsel to bavo had a few drinks and-,had apparently gone : away.- Counsel could'not say tho man was deserving of anv consideration, but the matter of estreating the,bail..was in the hands of the Court. His' Worship: "It is his duty to be here. He ii.out on bail, and' both ho and his Burety'are liable to have the bail of'£so and one Isurety of _£50 estreated." Chief Detective Broberg: "1 have had'inquiries'made at all the hotels in the vicinity, yovir.; Worship." His' Worship ordered that tho'bail should be estreated, and the caso ordered to stand down until accused was re-arrested.

BABMAID AND CUSTOMER.' •.->

: ( ; ALSO A DIAMOND RING. Arthur New, alias Curtis, appeared on remahd'on a charge that on February 25 at Wdllington ho did steal a diamond ring val- . ued:'at £12 from tho person of Constance ■ Rayij;;- . . Chief Detective Broborg conducted the case for'the prosecution, and Mr. P. W. Jackson appeared for accused. Constance Ray, barmaid at the ' Grand Hotel;' stated that accused camo into - the hotel at 1.20 p.m. on February 25, with some other men. Witness was serving the party in tho bar parlour, and accused took her handkerchief, containing a ring, out of. her apron pocket. Witnoss asked for the handkerchief, and accused said he would givo.it to her the next day. Witness did not bother any'..more about it then, and weut off to lunch. Tho samo evening accused came into the hotel again, and witness again asked for her handkerchief, but she could not remember what accused said. The following evening _ accused brought in a ring (produced), saying", that ho had lost the one belonging to witness. Ho thought that a friend of his' had the ring, and would try and get it back.

Accused wanted witness to take the. ring he brought in place of her own." This ring had a little ticket attached marked £10 10s. Accused had no authority or permission to tako witness's ring. To Mr. Jackson: Accused and his friends were drinking champagne. Witness thought that she would got tho ring back. To Chief Detective Broborg: When witness said that sho thought she would get the ring back she had no idea that accused had sold it. Geo. Newton, assistant to Mr. Smart, pawnbroker, knew the accused, and saw him at Smart's shop on February 27, when he pledged a diamond ring (produced) for £4. Tho. was redeemed on March 2. Accused might have had a glass or two of drink, but was not drunk. James Wilson, billiard-marker, stated that, on March 2, : accused came into Oxenham's billiard-room and asked witness'to get arinpi out of Smart's, as he knew where ho could got £10 for it. Accused gave witness a pawn ticket, and he redeemed the ring and gave it to accused, who tried to get £10 on that ring and another ring without result. Subsequently accused gave witness the two rings, a watch,.and a pawn ticket, and witness gave him £5, which, with tho £4 ss. 8d; he paid for redeeming the ring, made £9 6s. Bd. Accused said he wanted the £5 to pay his lawyer to defend him in a chargo of sly grog-selling, He said tho rings belonged to his wife, and he would redeem them on March 8. Witness handed the rings over to Detective Cassells. Detective Cassolls deposed that he saw accused in Willis Street on tho morning of March 4. Witness took him on ono side, ' and told him that he was charged on warrant with the theft of tho ring. Accused said that it was only a joke, and that they were all drunk at tho time. He put the ring into his pocket, and someone stole it. As accused was being taken away he said to a friend, "See Jimmy and get that.parcel." Witness know who Jimmy was, and saw him himself, and got the ring from him. . Accused pleaded not guilty, and was committed to tho Supremo Court for trial. Bail was allowed in the sum of £60 and two sureties of £30 each. A CHRISTMAS NIGHT ASSAULT. A "heavily-built man named Hugh Mullins pleaded not guilty to a chargo of having en December 25 unlawfully assaulted ono Johu Nelson. 'Nelsfji, a night watchman, employed at tho power-house, Jervois Quay, stated that at about 12.45 on Christmas night two men camo into the power-house, and witness, ordered them out. When he.turned round to blow his whistle'for "assistance' he'got a blow from ono of the men, and the other struck him with a brick. Witness followed the men, and then went and got assistance. Geo. Wilson, fireman at tho power-house, deposed that he went to Nelsons assistance on tho night of December 25. Nelson pointed out accused as the man who had assaulted him with a brick. Witness identified accused later when he called at the power-house for a cap, and also picked him out from a luimbor of men at the police station on Tuesday. Constable Abbott stated that he ar' ited Mullins on Tuesday.. Accused denVf the charge, and said that tho only time Uiat' he wont to the power-house was not .long after ho was released from gaol. He went to-look for a cap. Accused'said he knew nothing about tho case- at all. He was pretty well under tho influence of drink, and might, have been in the locality. Sub-Inspector Phair stated that accused had thirty previous convictions against his namo, five of them being for assault. He had only just come out ot gaol. His Worship said that the evidonco was against accused, who would bo sentenced to two months' imprisonment. "There was no evidence against'rue there anyway," said accused as he left the dock. ".-' . THEFT OF A HOSE. - An elderly man, William Higginson, pleaded-not guilty to a charge of stealing a hose valued at £2, the property of Frank George Beid, Petono/hEvidenco prosecution showed that Mr. Reid missed the hose, which 3yas;-gnbseq'uctitly,.offered' to a second-hand dealer'by accused. -""-"""'"■' ' Accused said he picked the hose up,on the Hutt Road, arid tried to sell it. ' .'His 1 -Worship entered a' conviction-and fine of 205., and costs 135., in default seven days' imprisonment. ' .OFFENSIVE REFUSE. '"" l James Phillips pleaded not guilty to a charge of having allowed offensive rubbish to accumulate on his premises, Adelaido Road,-so as to.cause an offensive smell. Evidence was called to show that decayed vegetables and decayed fruit were lying about the- premises. After hearing defendant's explanation, ;his Worship said defendant had been convicted'a number of times for tho same offence, but in this instance there was not a great quantity of. fruit and vegetables on tho premises. This would.be taken into consideration, and defendant would be convicted and fined £3, and costs £3 4s. ' ";' HOMES FOR WANDERERS. .' When Ellon Sbmmerville's name was calledagain on a charge of having insufficient lawful means of support, Sub-Inspector Phair stated that tho old lady had been admitted to tho Ohiro Homo on Tuesday evening, and asked that she should-bo ordered to stay there.-'"■'''. • • His Worship entered ' a conviction and order to come up for sentence when called on, defondant to stay in the home for twelve months. . . An old man, Frank John Lawlor, alias Delahey, appeared on remand on a chargo of having insufficient lawful means of support. •■■ Sub-Inspector Phair stated that the manager of the Ohiro Home had agreed to take the old man . into the home. Accused was convicted and ordered to come .up for sentenco. when called on, < n condition that he went into tho home, and remained there for 12 months. OTHER CASES. , John M'Convill, a youth .17 years of age, who pleaded not' guilty to a charge of unlawfully assaulting Phillip B. Watts on March 5, was convicted and fined 405., and costs 95., in default 7 days' imprisonment. Peter Connolly, alleged to hare been concerned in the above row, pleaded not guilty to having unlawfully assaulted one Leonard Kingston, who went to Mr. Watts's assistance. A conviction and lino of £3, arid costs 95., in default 7 days' imprisonment, was entered. Connolly was also convicted and ; fined 405., in default 7 days' imprisonment, ! for using 'insulting language to Leonard Kingston. A middle-aged man, named Chas. Frederick Tressler, 'was remanded to' appear at Invercargill on March 17, on a charge of having, on February 25, unlawfully deserted his children. ■ -- A youth, named Donald Chidley, appeared in. answer to a charge of having, on January 27, at Weraroa, unlawfully absconded from the Weraroa Industrial School. Defendant was ordered to be returned to the school. Two first offenders, for. insobriety, were each convicted and fined 55.,-with the alternative of 24 hours in gaol. ''

CIVIL BUSINESS.

Notice of appeal has been giren in the civil .action, Hook v. Gold, in which judgment given for defendant by Mr. W. G. Kiddcll, S.AI., on Tuesday. Security for appeal was fixed in the sum of £7 7s. Mr. P. \V. Jackson appeared for defendant.