MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 687, 11 December 1909, Page 15

MAGISTRATE'S COURT.

• (Before Mr. W. Oi Riddell,S.M.j "AS A WARNING TO OTHERS," ; ...A young man named Archibald Mays, of respectable appearance, was charged on remand with committing, tho theft (between October 31 and November .30) of ,£ls, the property of Whit, combe and Tombs, Ltd, He pleaded guilty. ' ' Chiof-Dotective' Brober'g stated that defendant,, who was only 23 years of ago and a'single m4n, from England in January last, and entered tho employment of Whitcombo and Tombs, Ltd.,.as a salesman.. In November the nra had reason to believe that petty thefts of cash .were being committed, iii tho shop, and a I short ago defendant was caught in the act of stealing a small sum of money, tho proceeds of a sale. Ho had admitted the theft of various sums totalling .£ls, and had refunded th&t'sum. '' ''■ -| .Mr. Hprdman said, that defendant was a son of very respectable parents, and up to. this time had borno an exemplary character. His oxplanation of his fall was that he, had lost money by gambling, and had yielded to the temptation to steal. Counsel offered to call Witnesses,.who would,givo evidence as to the 1 young man s good behaviour; and he would,-therefore,- ask his Worship to deal leniently, with defendant, either 6fdering him tO.como up for senterico when called upon, or imposing a 6raall fine.', . .: His, Worship said .'that ho was always disposed to deal leniently with first offenders, but this, case was somewhat, different. The thefts had covered a. long'period, and had involved a largo sum of money. Insuoh oirciimstances he. had to be guided by the action taken by the Supreme Court in dealing with similar caees.Vand having to mind a similar case, ho did .not see, his Way' to agree to Counsel's suggesr tion. In a particular case, the loss of character and the diswaco accompanying a conviction might be sufficient punishment, but if no other penalty were imposed a dangerous precedent woiild be created. He was sorry to havo to impose a cehtonco of imprisonment, but ■■having regard to. all'the. circumstances ho 'could--not aot Otherwise. Defendant would be sentenced I to 21 days', imprisonment. !'

.;;■ THOUGHT. HE WAS "STUCK-iDP."' ■.' ;:,-. On November 25, two oonstabks .wero return-' ing. in an express from Kahv'afra, where they had been to brins iit.a. dead; body,' when, just by tho railway - bridge, they almost collided :v.'ith:an express, which was being driven by. Wra. Miles without having lights attached.. The constables called to Miles to stop, but ho either did,not hear or did not.heed them; 1 only driv-i irig. the faster, 'and when,bub of tho.constables! caught hold of. tho horse's head: ho hit him twice.- with 1 his .whip.. He was, therefore, charged with driving without lights- arid, with Assaulting ..Constable : M'Dowcll. ', Ho pleaded Buiity. to the. first, charge, but denied ■ the second,.Mr.,Hordman defending.him. ; ■ After evidence for' the. presecution had been {takoh,- defendant went into .the witness-bex; :'ahd said that if he; had 'known that the nicif >.w)*o called, on.biiii to stop were policemen he. havo.!driven on. .He thought that they wero roughs trying to stick him up, as.ho had been stuck up onco.previously on the Hutt Road. ...•;■'■"/■■''-:-.,/ ;. //A' '•". .. •■'•..■■ -■■'-. Sub-Inspeotor: Jvorwooii:, .How mahy;. of; yon '.ttero'thero'in the-cipressP—Three.- •; ; Aucl : yet' ydu trjed to' get aivay from theso two men? .'Now, is. it not tho .truth,that you wero. afraid -of being pro'scculed • for driving without lights?—''Noj'.it is n0t.".. : ; AVhen you:.wcro stuck aip.pr'ovionli'.y did you' .report it:to .the police?—"Soj not. to tho po.ico." : ',:"... ■'■■; ".■ ■,"'"•■' i :.■'-'. ;::.'■- •■ " ■'-.■ ■ His Worship considered'that tho.'evidence, 'was.;against.defendant, and,he niuii therefore be convicted. Oh the. charso of'driving', with* out.lights ho'-would.' bo tilled .10s. aiid 7s. hosts, and on the chafge.of. assault 205., in default seven days' imprisonment. ',

..'Q.UrCKLY.-:':..: ■ ■'-.. ; An, oxjress-driyer!,named' » Geo.; -Longhurst,; after domg.- sonlo' work' for ; a man,• was invited., to, "c'em'a''.'and. have'-a:drink:'.':. 'Hi .consented,'.. and. left hia vohi'clo : outßidtj. the-Masonic Hbtol.. When' charged, by. a ■ jioljcd sergeant witji - leavj' ing his vehicle'unattended'dofendaiit said that he was. not inside the hotel more than five, minutes.'-';- "•■■■' .!"•'.•■' "',." ' '■•.'■'■-■'

'-His. Worship.was disposed .to-accept the sergeant's statement as.to tinio (IS;hiiniitos), ro« marking that time passed «;ore quickly-ii;sido on hotel than out.'..Consequently tho driver's .drinkiwas a rather-expeiisive one,' costing him ■a>fihe : of.:ilo3.*.and; 7si^costs;''.:.in ■:-default 18' JIOUrS.; '■■::■■ ■;'■''-/'.■ ■':'■ ■''.■ V ''■'■'' !-\ ;

,;,;,; ; ; t;;;; SEEIOUS. CHAB.GJ3S. ■■_ ,-.: : / . i .Two' serious' charges of assault Wero preferred against a-strongly-built man, David -Mates. The first information alleged that- defendant on December -2 did unlawfully assault one Elizabeth Dowsett,,and the second-that on-the same date he did ass-ault Margaret,Sheehan,"causing.her grievous -bodily harm. : -\ \ : ,\ -- ■ ■.- ; .:":'-.. n , ■' -,-. Sub-Inspector>Norwood.said that Mrs. Shce--1 ban was not yet out.:of: the hospital, and a re-, inand .Jill': December, .15 was.thoreforb necessary, was granted: -:..;■", ..v, .'-;:/■)' ; -;:/- .' r '; v '-.;,- ..

v :;-'..INCOKRIGIBLES, AND OTHERS..::' if'An-oid'fem'aid offender; Catherine "Thatcher;; pleadednot guilty_ to a charge- of bbiiig-nnin-''■ cprrigiblo rogtio; in. that-she-had- insufficient lawful-means of support, and had been previously convicted of being a TOguo and vagabond "and an idle and disorderly person, Sho uvas found guilty and-sontenced to .six-mouths im r prisoiimoiit;' :' ,/;:'■ ■:: - : ',"-.- ~,.,' ■ On a similar charge, Geo. White, alais WuHam's,' who; hnd ; eleven .. previous convictions, 'against his name,-was sentenced to a like term of imprisonment.' White was .also, found guilty of the theft of a.copper boiler, valued at 355., tho property of-Fabian Bros.-■.-On this charge !.ho> received a sentence "of .one month s impri-; sbnment..,. -." ". .'■'..".■' :■.'■„'■'■'.'■' '■':■■''■,,' ' .While under: the influence of liquor a middle- ! agedman named Thos. Mnrchment made; use of | very improper language., Ho was fined ■ *3, in default 21 days'imprisonment. - :V---'-.

';;-.: /^;;s;'- : v ; /-'- '' 'Henry ' Preston pleaded guilty .-to a ' charge that between December 7 and 9 ho did, travel between Auckland :arjd. Wellington, on:the. s,s,. Navua without paying his fare, with intent to evade payment- of:same.,i He. 1 -oxplained_that ,■.he had no-.intention' of .evading payment, but, had gone:on:-boa'rd the vessel and tallen: asleep to wako and find{that tho vessel,■ had left, Auckland;'Ho was'ordered to pay tho amount of the passage:' money, £2, in ; default .21 days. imprisonment.::'::;:. >; -.'-',■;; ■■'■'" ■'.-'..-.;..'.-

TAKING HIM HOME. Two tramway employee,';, Alexander Gilmer and Richard Joseph Williams, were charged with having behaved in a threatening manner in Donald M'Lean Street on December 2, whereby ft breach of tho peace was occasioned The enso for tho prosecution was that tho two men had been hghting in tho street, and had attracted tho attention of a passer-by, v. ho had informed tho police. l?or tho defence, Mr. P. W. Jackson called evidence to show that one man had been slightly i.udcr tho mflnenco of liquor, and had proved refractory when tho .other , met him and tried to take him homo. ' His Worship imposed fanes of 10s., and costs 35., in each case, INSOBRIETY. John .M'Loan, for his third offence of insobriety, flas toed 205,-in default seven days in gaol. Edward Crombic, for his second offence, vas imod 10s., in default 48 hours, Ono first offender was fined ,10s., and threo others ss, in default 1A hours, whilo another was convicted and discharged. Jano Scharrc, convicted, of committing a breach of a prohibition order, wa6 fined 20s, ond 7s. costs, in default seven days' imprisonment. On a chargo of being drunk "whilst in charge of a horse and cart, William Stovens, who had nearly collided with a tramcar, was convicted and fined 205., m dofault seven days' imprisonment. BY-LAW CASES. \ Chow I\ee, and Joo Leo Bros., for selling cigarettes ofler hours, were each convicted and hned 10s., and 7s. costs, in default 48 Jiours. For failing lo keep a water-pipo in good lepair, John Reginald Welsby was fined 10s„ and costs £1 Bs., in default 48 hours. For failing to close his shop at tho hour rcquned by the by-law, Arthur Hobson was fined 200, and 7s. costs. A similai penalty for a like olfonco was imposed oil Sydney Dromgool and Co. A boy named Thorna; Parnell was ordered to pay court costs 7s. loi riding a bicyclo at night without a light. A charg) profened .igaiiibt Julian Allan of driving a motor-car round tho coiner of Vivian and Taranhki Streets at other than a walking pice, was dismissed, bis Worship holding that there waa uom° doubt about the mntlor