MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 576, 3 August 1909, Page 9

MAGISTRATE'S COURT.

.(Before Mr. '; TV- G.' Biddell, S.M.) ' , DR. BORANOFF. HKFjD FOR FALSE PRETENCES.. A Russian" lecturer, Arthur Coplan Boranoff, was charged with" that, on July 17, at> Welling- : ton, ,he ' obtained 1 •of and from one Minnie Moore, ■' the'.' sum' of'"JJl; 10s., by means of a certain .false pretence, with intent to defraud. He pleaded not'guilty, and was defended by . Mr; Hindinarsh, Ghief-Detectivo Broborg prosecuting; . ■ ' Minnie ; Moore,'. ', photographer, of ' Willis Street, said that defendant, called on her, and ordered 50 photographs at the .price of £2 10s. Ho paid il on deposit, and later called and paid the balance, by a cheque for £3. She gave him £1- 10s. change, and, later, presented the ( cheque at the* Bank o'f Australasia, when it. was returned marked "no account." Witness '■ thereupon saw defendant, and told him that the cheque had been: returned. He replied that it was his mistake, he should havo drawn the cheque on the Levin-branch of the bank. ....-■ . To Mr. Hindmarsh: . Witness gave. the change to defendant without his asking for it. ■ •. , .... .. ■ . r Evidence was: also given by Detective Kemp, iwid 'Mr.Hindmarshvthe add.Te®j;d the .Bench on points of law. Ho submitted that the intent to defraud" had riot been proved. 'His Worship .•said;.,.that he ihoxistht defendant should give sbriie:,explanation of, : .'hi.k action. . Mr; Hindmarsh suggeijted^tliat'defendant had been .'actuated by a Miss i Moore. - ■ Ho produced sthei.cheque-hobk to : make it appear that he was a man-,;,0f means. -■ . , , ' , -' n k ' ' * His Worshin:. I should: liko- to. hear,- defendant's explanation. . " : Y ' U i Defendant - then wont intotho box. Hjs .name .ho .-stated, was . Leo Arthur Arnold 'Boranoff. 'He admitted havinj*. given the 'oh"qus to Miss MOoro,' but 'said that: he did ■'not expect to get anv change from her, sin to ;the extra ?os. would pay ■ for. somo enlpreb.monts which .'he 'had.; ordered.-, -'r. Later.' Miss !; 'Moore told him .that.:she.- would; ,nSt. be -abta fq- sunply the' enlargements, so ' *hb offertcl ! }him ,the change, which; hp, took, - |"I am jriajd .1 am. in-the witness-box',""he continued, "as I. should like to moke nil I do not look at th«. legal; aspect; of .this; case, but at the- moral, obligation—"i ; . -v-■ Mr. Hindmarsh:'Vcrj'.well, you need not enter, into a long discourse.: .' Defendant then went on' to std.te that, when h-e knew, the ohtfrnoliad been dishonoured he 1 ■at v onw .wired "the money' vTb" post 'was. not orfick.,eiiough;-for.i him to; fulfil, his '• .-mira! obligation's., . .', '' ,' ; Mr'. Hindmarsh:' "Why-'did you-':give■'this oh'quc? | . - : - ■ ; .' Defendant repliod : that .he thought (hot certain sumsi which wero to bO paid tohim, Vouldhitve been .lodged .to his credit, at . the. bank—the ■sum-0f,,J51A n_t Wellington, and a inmount at Levin. ■ Mr. Hindmarsh: Wjho was going, to pay, in this money? - < ' • Defendant: Oh, some'friends'of, mino.\ .' Mr. Hindmarsh: What was' iti for? ; • Defendant: It .was some money} that-tad.] been . borrowed. ... 1 . ' ■ , Counsel: Who was vour friend?- .*• Defendant: A*man named Card. ' / Counsel:' How much: did ho owe ,vuu?--I Would rather not answer.any questions on .that' point. .. I am (being tried,■-not my, friends.:-,- I .do not want to bring other matters mtoMHia., Chief-Dctectiyo Broherg then submitted' defendant to a lengthy cross-examination* in the course of which ho'stated that lie had ,mot Air. Card at the- Edinburgh Hotel* and v had" ; tent him a siimof, mono)'., 'i ' ' ' Mr. Broberg: How muoh did you.lend him?—> • I ; would rather. not answer any question on that matter. ' " ■" "■ '' ';. .R.i His Worship! hnswer. 411: questions. ; iDefendant,; in "questions, stated . the'. r siim ' 'lent; ',;.iC2o;'v: (Card / had 'also : igiven»hinvW s l!cbe^ue-lpb6k,.' : found' ' book- was fid.'.itfiAvV®' . i-Mi;.'.Br6bfitg Cnrd\s^s.,.tlintiyo^ ; 's|<}le the' ytbwiy, theni,it ■ isi'^falsii.'j; ('Defendant.admitted .having: asked: a:Maorum Barrett's Hptel'-.tp'Scash a. cheqiip' r t,ori U32^ ; but sbid'iho .diftinbtiigct the .money.'-^Hb'j.had:'never told, a mtitx'-'buk'. at Johnsonville Di Coplan Mr. Broberg: You did not include. "Conlnn" among; yoiiri/iinmcs 'iust now?—Ohji your . pardon;; that was a mistokes.??<« •;• : ' Mr. Broher?:, I see.. You' hay'a;fsqj tnany names,- ,you* forgot some- of tlieni.'_ .'•f Further 'questioning' elicited .-th'o, .;iiifbrm'a.tion thatjdefendnnt crime out to-Ne.\vi-:Zealriji'd ' -Tnin'ui, working -his' passage fromjJLpndO.n.p-;; '.Mr."Brobers:- As doctor?— No.-.. » . i:Mr.-Broberg: How did 'yduvWbik;ypfe(<.P!|i»a.B«. out'then hard' ;w:orkVv'S , : :.;;'. -'.J-Vt':!'?'-;;.* .. ,;',What: as,?4Grcaseiv : He' hid given-liis ; name: ns Bnrr, and bscTiuso no foreigners .wero allowed on-tho told, the born in- Manchester. .' '.' -V '.• ..(. Mr;' Brob6rg,'f;',But.:-that was',;,fal!Se'?7:Yes; : I^'. ■ was a lie.;. .. " 1 vMr.,Bvob'erg: -Qh, i \it'STi'» i ' a lie, was.'it?;. Well,' ' you give yrhe -furtheiV' cxplftnatiou'-Vwas to the- effect that: defendant: h'ad i'fol'inerly, -lived in London,' and previous , to' that-. .had • been with; ."tho. "Hunger Marchers"'i in Caruiff,;-. Hejlia'd practised' for '-about' a year as -a' doctor.in. Gloucester, but had always gone under his right name : of Boranoff.' . ; . ..... '.-Despito objections'by. Mr. Hindmarsh. <Wa. Card was then called to -refute -.the statements ' ihade as. to the .money to be; .deposited.; .'-He, said- that :he.',oived defendant; no money, and- • had not given him his cheque-book'.' ' ' His; Worship, said'thnt doferidant was nppar- !• ently .a m'an' of some education; and should tin-- ' dbrstnnd'.'about cheques.-' It lvas clear , that-'the: - cheque., he drew/ivas 'valueless, and thht he-re- • ceivod tliß. money from Miss Moore. He would .' -be convicted Knd;iined. £s,;iii default 21 'days' !' iuixH'isoriment. - ALLEGED , THEFT. f, ■' ;i?A: well-dressed woman named Mary Ann ;■ Callihgham was charged with : .the' .theft of a; v number of; articles'jf: table servioe,'-valued, at i, 14s. .6d.; the property of Alice May' Stevenson. She: was remanded to August G, bail being -allowed, on tne application of Mr. Kirkcaldie, ■ in iEIO.-'and one. suretj of i! 10. . :■:■-! ■ i;. ; J •' '■ i ~-.i -, vc.f :J . DISORDERLY CONDUCT. : . ;'. ! ;A: respectably-dressed -youiig . man,'jStamed t - -Arthur Colgate pleaded guilty to oharges-lbf ;• using obscene language and acting in a disorderly manner whilst drunk. On, tho; charge i":of disorderly cojiduct ho' was "fined 205., in •: seven days in gaol, and on- tho charge of using obscene language was fined £4, in default U days' imprisonment. |i IDLE AND'DISORDERLY. 'f '• ■ • >' ' ■ Jas- Bailey was , charged with being an. idle l) and disorderly person, in-that:he' had'iriiuffi-. : cient-lawful means; of support. Station-Ser-' )'. geant Darby stated that he was found sleep- - ing in a doorway in Hill Street,, and was m a very miserable'state. A sentence of three I months' imprisonment, was imposed. • 1 - INSOBRIETY. • ,- ' - Three first-offending, inebriates were: con- ' vioted and discharged, another was fined 55., in : default 21 hours'imprisonment, and two others ' were fined 20s. each; in default 48 hours' imr prisonment.l ■ ...... -"vV, - I-,.,.-;)---"; —- . , ; ... > MAINTENANCE CASES. Patriok Savngo, who did not appear, was, 3 ordered to contribute ;125,. a week towards the , maintenance 1 'of" his wife,' and, Bs. ai, week to-i J wards . the maintenance of his . daughter,. also. _ to pay costs, XI, Is.. .' , . ; '' r Maud i'Alsen (Mr. P. Jackson) applied for a .- an : order of summary separation ; and maintouanco'against her husband, Carl'Alsen (Mr.; *: Herdmaii). -After hearing tho his' J Worship"'-dismissed'the-application. ■ : ■ 1 j / s • OTHER CHARGES. •• : , I f " Catherine Malken, alias Kitty Schmidt, andlj d' Theresa alias Stevens, were charged : r : on remand with loitering andUmportuningiia q Forester's Lane. They . pleaded, not giiilty.Vand' j were defended by Mr. P.' Jacb'sori. i Each Was. „ convictcd / and ■ sohtcnoed ■ to-' bno»month's im-; prisonmcnt. Accused Malken was. also convicted on a charge of being an idle'and disorderly person'/ and'seiitonced tb;-ono"-month's imprisonment, terms to bo" concurrent. "" i'or driving a vohicle.' at night without, a 3 light, Jas. Kavanagh was ; fined 205'.,-and costs lis.j in default- seven days' imprisonment.