MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 569, 26 July 1909, Page 11

MAGISTRATE'S COURT.

. , (Before Mr. "\V. G. Ruldell,.S,M.) .■ CRIMES RECALLED. HEMINGWAY BURGLARIES—ALLEGED COMPLICITY. 1 Tha Parcels Post Office burglary, and the subsequent arrest .and conviction of James Homiiigway. for tha orime, are: still fresh in the "public .memory. It will bo-remembered • that 1 at the time of the detootion of. the burglory. Hemingway \was staying '. with. Arthur Fredorick Winisett, a olerk in tho G.P.O. La.ter, •* ' 't.'quaiitityj;6f;;'st6len propertyr r cpM •' .yiw: / , ;;dfcteiburglaife,Vas l .fou'nd in'Wim^tt's'house, v and yesterday he was charged on:fivo mfor-. niations conneoted with' four of the bmglaries • tb James' Hemingway; had . oonfessc4 his guilt. Accused, a /middle-aged man. of ret>pect- : r- " able dress and appearance, stepped Calmly- into ; the : box-.whon • his '..name., was : called. . The charges against him were as follow(1) lhat -on' January 11, 1909, -at Wellington ho did commit a certain; act for the purpose of aiding and abetting James Hemingway to break and - enter ■ the Parcels Post Office, Wellington, '• ftudCsteal- therefrom- a'> parcel ' containing: 'goods to the value of £31 18s. OS., money ahd stamps :-■ to'ithe yaluo of. .£6O '7s.'-2d.\.a vpiwtal-nqtey.for ■ a. registered.•.parcel containing ;4U6 •. cancelled.Bank of-.New- Zoalaud- notes, all. tho. property of the Postmaster-General of •_ New V : Zealand, such act being that 1 ,. having in his possession a-s au oifico : of tho.l'o-stal Depart-. " ment ; the keys-of or .leading- to ; the Parcels ■ Office, ho did deliver or. lend them - to. James K r Hemingway for the purpose of having- dupli-. cafes made, whereby W becanio a party to the offence. (2) That on January 11, 1909, at Wei-- '■" •lingtoh,- he' did ■ breakr and enter the iParcOls Post'' Officej , and Vsteal - therefrom ..the Particles ' : . ' mentioned in the previous charge. '(3) That on '■•■■■ ■ September 15,' 1307,! he -did. ■ receive; a... quan-: '. toiletami fancy poods, tho pro- • knowing them to'have been dishonestly -obtained.. (1) That on September 1, 1907, at Wellington, ho did ■ reooived -..'a ..-quantity. 1 , iof , tweed, the . spro.-. perty- of; Clifton Henry 1 Diokersou, well knowv.! i ing.'ittohave : beeu..dishonostly,obtainexl. (5) , '-i ■ That-- on i Decembor "16,.1907, - at . Wellington,- . hoidid! recoive':'aqHaiitity.of stationery,- and . . ■ > fancy goods,: the property ,of Whitcombe. and ■ Tombs, well knowing: it.:to have,, boon dis- ' . honestly . Mr. Pell, who. appeared for the Crown,' asked j for-a remand to. Wednesday next,. July 28. Ho : .-would .ithen. ask for a farther .remand? for a . . ' request: , that;' that date, , VAugust.i. bo kept:cloar for:theiheanng. -. 1 Hiss Worship grantedi lho remand,-, and, at - j. tho'reqoest of 'Mr.- Petherick, who appeared for accused,.fixed bail. in', accused's-own..recog- , . - riisanoo of {<£250 t and I two-sureties of-.£125 each; ' Tho' : .bail was forthcoming.' ... •/ 1 ' - RESERVED DECISION. < , THE LICENSING LAWS.' ; 'Deferred decision was given, by'his Worship, Mr. W. G. Riddell, in the case of Police v. Geo.:' Avery.' - .Defendant, .who aefs as -barman. -.. •. at . the' Masonic- Hotel,' was. charged with supplying liquor to one Scott, a person in. a state , of 'intoxication. Evidence-in support, of .the charge was given by Constables,MahoneV:and • ■ iLamb, who -entered the .hotel and found' Scott,. " ,'i who they-stated was. intoxicated-, with a glass of. liquor before hitn. , The liconsee and bar--7 ' niati ..disputed, the.v^int;■!«',to -vwhether.; Scott, .was-:sbber or not, and .eventnalljl- after- a. test, had : been''applied,-.the man .was: turned out-of i ; the hotel.by, the lioeusoo.-aiid.arrested for iri- ' sobriety, 'to' -which.-. charge 'ho; pleaded . guilty -:, :'gavo .eVidence -asta ' Scott's : . ipsobrioty. ..- The , / • . defendant and 'threo witnesses, including- tho. licensee, stated that Scott's appearance and thei hotel ; TOi^iot^t}ipM^if, ; -in- intoxicated -person.The licensee,- however, when v.-: r:, called, : refused-to 'allow - Scott, to consume Ills, liqiior^.which;<his'Worship,held, went;-to show " - ship quoted a caso. to ; show - that, knowledge on * tho part of the licensee that a man served intoxicatioiilwas not''ilh: ! esS(!nv 'tialipart of ; the'offence.-' Cdhnsel . for defond- • '.; iiht;argucd'.that the supply, of .liquor .to Scott was mot .complete since he was not allowed to ;' 1 . con?timo it, but his: Worship ■ overruled the, ■ :,obji-otion.-'"The facts,".stated! his .Worship in ' ' tho'.'judgnient,' "show the necessity tor close in- "■ ' . 6pection on-, the;, part of persons .in charge." of blrs, and the danger of relying casually on ' "general appearance and.speech as'a test of in- : toxication -in. cases such as. Scott's." Defend-j-Jr-'anSfjAras'? '<k?nyictW'-j.-ahd - ;:ffiiie3---20s»J^aidd/!.tt>sts^. : ,y:''": -, : .Reserved? judgment . was also given in the / case against Frederick :Dobson,"licenseO; of the '' MaSonio, Hotelj r ttho' -waS' chnrged per-- " - '.- -mitting on his- premises. The facts - were the same r as in the . caso against- ■■ ■: Avery; His Worship ■ quoted several cases: in .: support of -the ■: argument, that .before defendant could'be convicted; of permitting drnnkenness, 'had to be-shownr-that.:his servant,,'Avery, : was aware of tho condition' of< the man sup- ■ - plied./with liquor.^'As it .-been shown that. ; Avery, was 'mistaken ;as ■to Scott's .-condition, - ,'r and las defendant when he was called; into'the bar, ejected Scott, his Worship held that tho information-shonld' be/distnissed..- ' . - . : ■ - : . Sub-Inspector Norwood., conducteci the ..proSscntion in • both "cases, and \ Mr. - Young appeared for tho defence. INSOBRIETY. : Hiree first.offenders for insobriety were dealtwith. Ono was convicted and discharged, an- ' other fined 55., 'and i the third 10s., in default. .• 24V hours'. imprisonniont.-r : ;. ; .