MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 631, 7 October 1909, Page 5

MAGISTRATE'S COURT.

, ,■ (Before 'Mr. W. G. Riddell, S.M.') SOME "'MISSING LINKS." ■v Charges of bieaking and entering the "Missing, Link"; second-hand, shop, Taranaki Street, /'^:-^lMg:.a\mied) i asa6rtment -of jewellery, watchw,. and, .pendants,. on October 1, ' ..were'rprefqrred-against.'Alfred George Driscoll :- aad -ThomasTO'Neilli who -were Represented by. Mr. 'P. W. Jackson. r . ■'Evidence.was given by'.the lessee, of, JosepK Ellis, to, the: effect that before leaving at 8.-13 p.m.-everything was. secure. .-'.About; one . o'clock ; in. tho'.-morning he • was aroused ,-by ...a:.policeman, j.aiid on: accompanying' the, latter to tho police-station he identified certain. having belonged to him'. /:Ah; examination, of ;his shop disclosed the fa-t that, about' twenty-three' watches still missirig.''., ;,The ::windoiv*,/npjitest the watchcs /and ..iohaihs'had/been broken!':'' Ho valued the'gooJs . in question at-. ,£49- lite 6d. . " ■ -.Constable. Mahoney 'deposed 'that' at .12.20 'a.m. he,saw the accused Driscoll go over to the win- : ,dpw.,!,'He heard a/sound of, breaking glass, and stheii saw ; .acou3ed'.abstrabting'sometl)ing, which, .he,placed ip'-.his".pocket. -Driscolliwas joined' ...byVONein,.j who" came.ifrom': the,direction ..of -. the 1 Hotel, but -.they.' were disturbed by,: pedestrians. .. -Witness . saw, them:leaving the -shop,' aud he.arrested both : of. them. O'Neill : said; "What' are .you. tak.•'injf 'ue tor?., I've got nothing." r The other said,"What ;.is * the: matter with; ■ Mahoney ? - What.do^vou■ want,me for??' -On searching .the acoused,.'Dri'scolf. atthe Mount Cook Police Statiohiv the;,-watohes,'-, etci,' .produced,:were • ,foun'd;'.:':o'Nei!l'- : had:'nothing in his pockets;' ,' V'A-: night-watchman, .named . ( John Sheehey, i stated-that he-saw- Driscoll'at the window' oa .; the night in question. • . •••'. V; .Webster," keeper.of the coffee-stall at. :;G_huihee ':Street,'i stated .. that : Orieeolt- asked him : for/some the- night "of Septem- . - ber '30.' "Be had , no- money, but tendered a ' watch-ohain in ty. -- This was ; accepted, and'theAcpffee/was"duly.-handed over. 1 '' ' ■ ■ - 'A': statement. by : . : iO')Neill., was read by Constable,Doyle'.:.'lt;was ,to th« effect that he had .had nothing;to do/ with :the affair. .He saw Driscoll at, the window,-and; the latter asked him to keep, watch. 1 ;' This .he. refused,'to .do. . Both: accused pleaded not guilty, ond were -" committed; to. the, Supreme Court for, trial. .-In: /Drisc'olw..case,.• bail of,. .£lso'and two sureties of, £75. and- in ■ O'Neill's case, bail of £60 and;;two;sureties of-.£25 were fixod. -; , SToLEN" CERTIFICATES V , .Qn ' J a'charge ,of'breaking'..and entering William Denham's 'dwelling in', Walter 'Street on /September; 23'; and 'stealing two pocket-book's, 7 vailicd ,at',ss.;, 'containing two engineer's cer- * tificates and testimonials,-William Willis .was brought before the' magistrate. V'.v; : "..The.'.'victim; of .'the: robberj| explained to the ./Court: that his wife* called- his attention'to tho , prcs'cnco .'of a ..'man .in 'the doorway,. holding a, ■lighted' match in -his; Witness at unco gave chose, jliut the "offender disappeared up ii Tignt-of-way past nn, adjacent liousc. He could onlyrecognisi! ' the / accused by his • appeiirance. . '" ' - ' / ./Mrs.' Denhaml'stated/ that 'she 6aw accused li'e'xt: day/ and' advised'-'-the' , police. ' -The' : man / was'found; lying .in; an'empty >rOom of a house r-'slose'ibj!; >'; '• 1 'After hearing further evidence, , accused . 'pleaded / guilty, and-'.war .condmitted to ' the :, tjupremo Court for -sentence. : f ■ ■:. BiILIPF AUD RESIDENT. ' A" middle-aged man named Richard , White, :,, nJias^.Victor-White, alias-.Alexander, Hepworth, T appeared in ;■ answer .to a: charge '-'of..having: asBiinlted rßuchafiari I ,Scott,': a-bailiff, 'in. thesexe- ■ cution 'of : Ins .duty 'on; Mr. :Hei'l'miiri appeared .for :'the : accused,: and . entered a pica "of .not guilty. • ,■/•' •• i.

Sub-Iftspeotor. Norwood asked fot a temand, as Scott Was- suffering ftoln injuries ■to lii= bund and was unable to appear. :■■ ■ A remand • until -Monday ' was accordinghgranted. Bail Was allowed in. one surety of £100. and 'two of w£so. ; ' OTHER CASES.' No fewer than twelve persons, four of whom were women.- pleaded guilty to charges of insobriety. Flora .M'Donald,.- Mary, Wakeham, and Minnio •M'Neil,. nlins WoKo. were each fined 55., in 'default/to undergo 2i'hours' imprisonment. ;Two -vrtw. convicted • >and- 01* charged; fix .were fined ss.leach,':or in the.al-ternative.'-21..-hours' imprisonment; while'.'thc remaining first offender, who did not appear, was finedMOs., in default 24 hours' imprisonment. .. . . ;

A white-haired' and '-white-bearded; man -named Thomas Verdon Cas'sidy, aged 74, stepped "into the in "answer to charges of crimin il assault at Island' Bay, on or about August 7. , Chiof-Detectivo Brobore prosecuted, and . Mr, Herdman.- defended. Evidence., was heard- at length, after. which the .'ease was dismissed. QUARTERLY COURT RETURNS; ; " SUPREJIE! COURT.■' V- ■' • A return of •; tho business ' transacted in-.' the Supreme .Court for the. quarter ended September 30 gives the following, figures:—' f Criminal':.; Sitting' 'days '. ; 24, indictments-, 22, proceedings stayed 1, persons convicted 17, persons acquitted 9, persons committed ' for sentence';l2, subpoenas 22, office copies, - depositions 700;-' ' '

Civil-business: Sitting days 16, writs (ordinary), 30, writs (bills of exchange) 8, extraordinary' remedies 1, originating summons 14, trials by common jury 4, trials by. special jury .1, .trials 'by judge 2, judgments entered. 15, dis-' continuance 2, charging orders nisi--and, absolute*' 5; executions-issued-8, taxations.'44, subpoenas 22, office-copies 160, searches 7. ",, .', '■ Compensation'cases: Sitting daj-s 6, claims 2, awards 1.. .'. i ' . Chambers Sittings: Sitting days 45,' motions 355, summons 52, petitions 23, orders 407. ■In Banco :..Sitting , days r2B, .motions 7, hearings 18,.'rules and orders 13, appeals.from inferior Courts 19.' ; . Divorce and imatrimomal causes: Sitting days 2,' petitions .'filed -18, answers filed: 3,motions in. Chambers 8, orders 17, trials by commonjury 1, trials by judge 13, "decrees nisi .7, decrees absolute 5, petitions -dismissed I,' office copies 12, searches 5. Probate-and' administration: Probates 82, 'administrations ,141, exemplifications 3,' office copies 12, searches 17. . . . ' • ' • .'Lunacy: Petitions 1, motions 1, orders .2, taxations-1. . .. - . . ' Registration': Chattel securities 320, memo--randa of satisfaction 51, powers of attorney 4, searches 411. ■ ' ' Bankruptcy: Sitting days 4,.debtors, petitions, 14, creditors -petitions 4, adjudications 17,. dis-charges-2, motions in Chambers 2, motions in Court 1(1, orders 14, taxations 6, searches 2. ''Property law Act', to- conduct sale 19. Rating. Act:-Certificates of judgments' lodged 5. Fees: bankruptcy, .£l3B ss:, other than bankruptcy ,£1026 10s. 3d., fines ~£3O, total 31194- 15s. '3d.

• ' MAGISTRATE'S COURT/* - ' The Magistrate's Court returns' for the September .quarter are now available. ■. The figures in parentheses refer to last gear's comparative statistics., -~ _ : During'the quarter the Court sat daily. The number?of : sittings presided over by. a Stipendiary Magistrate was; 7a, (79), aid by Justices' of'the'Peace 72 (64). ' Persons taken into custody, summoned, or apprehended: 1182 males,,'l2B.. females (1328. and 187); discharged for want of prosecution or want of-evidence, 88 males and 0' females (101 and 6); on merits, 33.and 3 (47 and 1); committed for trial or, sentence, 48. and 1 (46 and nil); summarily convicted, 1013 and 115 (1134 and 127); fined, 499; and 26 (547, and 44); imprisonment in lieu of . fine or [surety, 151 and 23 .(182 and 13); peremptory; imprisonment, 75 . and 44 (118 .and 22); whipping, 4 males - (1 male) ; bound over.. with or \fithout sureties; X'-female (2 females); orders % made,' 128 and : 33: (136 and-31); convicted and dis-charged!'with-a caution, r 156 ;and 18 (150 and 15); amount of criminal fees-paid in stamps, JEI24 .'ss; v <<£136 16s.);' amount :of fines paid' in stamps;.- £634 18s. (£466 I?.)totals,;. £759 , 3s. (£602 175.). . , 'J' ! v-The number of cases heard by'a Stipendiary Magistrate were as follow -.-Ordinary jurisdiction, 571'(1364); extonded jurisdiction, 7 (38) ; aggregate. amount sued . for, *622,501 19s. 1 9d. (£25,964- 18s. -9d.); 1 aggregate amount.,recovered, £12,730 1 ;35."3d. (£13,912 13s. lid.); number of applications' heard'' in ; Court - or • Chambers, -101 (117);' number of orders: made other than; on judgment summons;"'9s'.'(96); number of plaints entered;- 1684 - (1547): distress; warrants- issued, 223- (255);- judgmentsummons" issued, j 281 (210);' orders made; on judgment .summons, _53 (51); ■ warrants of committal issued,. 18, (10) ; writs-of arrest; issued, 3,, (1); summons other'- processes - served by ' thd bailiff ;■ witmn\ two miles -939 (799) ;'ditto over tiro miles, (300; distress -warrants executed under v two miles, 90 (60); over :two miles, 24 (31); warrants of committal executed. 14 (7); amount of civil : fcespaid in stamps, £1269 18s. >,(^lll6l, Old Agn Pensions:—Granted, 168 (130); refused, 9 (4). 1.

v . : 11ASTERTON. '' (By Telccrapta-'Speclftl Correspondent.! Masterlon," October 6..- : The following are the quarterly returns, of busines? doiio in ; the Masterton Magistrate's Conrt during the quarter ended September 30:r-Nu'mber of sittings presided over-' byS.M., 12; number presided over by J.P.!s, 0; number of cases heard by S.M., 85 j number of ■ judgment'.''snmmonses, 14; warrants' of. committal, issued,^2,v writs , of v arrests ,issued, 1; snmmonses • and ■ other processes served by .bailiff and assistants within two miles, 187; over two miles '57;/distress: warrants issued, by bailiffs: and assistants within two miles, 14; over two', miles, 2; warrants of, committal executed by bailiff)i' 2; heard by J.P.'s, 0; .aggregate amount sued for, >£1990 Is. Id.; aggregate amonntv recovered, iG1443 ,os. 5d.; - numner of. applications heard in Court or chambers, 7r humbeu> of orders made (other than judgment summonses,-4; nuinber of plaints'entered, 208; number; of distress warrants issued, 24;: number of . judgment summonses Issued,. 39; number of-orders made on amount 1 of civil fees paid in ! stninps, ,£lO3 lis;; licensing fees.paid in stamps,' nil. , ' ~ i'• . Criminal cases; ; Persons, taken into, custody summoned or apprehended, 71males, .2 females —as against 213 males and ,7 females for the, previous quarterdischarged-- foiV want of proseriltion or evidence, 22 (males); dismissed on merits, IS; committed for trial or sentence, 2 (males); summarily convicted,'.4o males anu 2 females, as against 188 males-and 5 females for 'the.previous quarter; 1 fined, 30; -imprisoned in : lieu of. fine or surety,' I;,;orders made, .-7 males and 1 female; criminal fees paid , in stamps," ;19s.fines-"-paid in stamps,'.,JE39 3s.i total,:£oi 2s. -, : ' 1 "■ , ; Tfrerity-nine old-age pensions, were granted,, 1. refused, arid' 10 are pending.,- ; At the .'Whareama Magistrate's 1 Court • only two " sittings were' held,these: being presided over by J.P.'s. T?ive summonses were served within, two miles,, and 1 outside that area. Two persons' were . taken into ; custody, .'summoned .or apprehended;' 2 summarily con-' victed;l fined, and 1 imprisoned .in 'lieu' of: fine .or surety; fees paid in stamps totalled £2 lis, criminal fees amounting to lis., andthe fines to" £2. ' •,>/'./' .•