MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 799, 23 April 1910, Page 14

MAGISTRATE'S COURT.

/i(Before'Mr. W. G. EiddellJ. S.M.) , THE UATEST CAME TO DATE^ ■'/-, "POWELKA." ■ Apparently the pastime known in the wild and woolly west as "standing tho townion its head" has its equivalent in Wellington in the game of "Powelka," to','judge from the evidence tendered to-his Worship yesterday in the prosecution of three young Joseph Nidd, Thomas Ascher, and Michael O'Shea, on.a charge,of having wilfully damaged the door -and.;.wind6w of", a ;hbuse in Frederick Street, occupied "by William Hargreaves, the', repairs', to which were' estimated te / cost 275. 6d. The only member of the/trio who appeared was Ascher, who was defended by Mr. M'Grath. " Counsel explained that he also appeared for Nidd, whom he had not been abk to see. The summons on O'Shea had not been served, as that individual had,, it was stated, disapptiarea. , Sub-Inspector Norwood conducted the case for the police, and in the course of his evidence related that somewhere in the vicinity of midnight on April 15 people residing on tho opposite Bide of the road to Hargreayes's were awakened by a loud knocking at the door and a vigorous rattling' of the window. In answer to a query as to who was there, a.voice from without announced that its owner was "Powelka, from Palmerston North." After a few minutes three men were observed.to..crosstho road to Hargreaves' house, and hammer at the door. The inmates came out and a loud altercation ensued, followed by the flight of three men,, one of whom was pursued by Mrs. Hargreaves; William Hargreavos stated that ho was just going te bed when the row commenced at his door. His brother went to the door, and in response to his inquiry. as to the rtason of the disturbunco received a blow in the etomacli. Thou the panel of the dooi. was battered in, and one of the windows shattered by a blow. Corroborative evidence was given by Mrs. Hargreaves, who also recited the history of her pursuit of one of the men, whom she kept in view till she was able to summon a constable.

Other evidence having been called, Mr. .M'Grath submitted that there was no evidence to identify Ascher with the occurrence. ' His Worship: There is some. Mr. M'Grath suggested that; in view of tho absence of Nidd,- further hearing of the case might be adjourned. His notes of tho evidence so far contained nothing that would convict Ascher of complicity in the affair. His Worship said that counsel was at liberty to see the magisterial notes of. evidence. He agreed to an adjournment till, the following morning at 9 o'clock.

A QUARRELSOME CHAUFFEUR. Professional jealousies aid bickerings, culminating in an assault,' were disclosed in the prosecution of . George Fernandos, driver of a taxi-cab, by William Henry Trengrove, driver of a rival "taxi," for assault. The complainant further urged that Fernandos be bound over to keep the peace. From the evidence, it appeared that. Trengrove and Fernandos were on the sajne stand, with other "taxis," at the TJnion Bank corner, and the question of precedence on'the.'stand led to frequent wrangling. • . ; His Worship decided that Fernandos must bear the responsibility, for the strained relations between the parties, and convicted him "and, ordered him to pay 195., with fee 215., .in default seven days' - imprisonment. . Mr: Michel appeared for the plaintiff, and Mr. Dix for the defendant. TRUANCY. Fines of varying amounts were imposed upon a number of. parents, and guardians for failing to comply with the provisions of the School Attendance Act. Mr. J. Dinoen, vruant- inspector for .the Wellington•• Education Board, conducted tho. prosecutions.. ■ ' > William Bell and Edward Ede, who did not appear ; were each convicted and fined 10s.; with costs 7b., in'default 48 hours' imprisonment;. Charles Curry' and Arthur Whittington were each convicted and: fined 55., with costs 75., in default 24 hours' imprisonment; fines' of 2s. each, with- costs, and the option of 24 hours' imprisonment, were imposed upon David-Howett and Elizabeth Summers; Ellen M'L.eod was fined 25., without costs, the alternative being 24 hours' imprisonment.:. ' ; Mary M'Diarmid, on the suggestion of the truant inspector, was given a month, in order. that she , might be afforded an opportunity of making such ' arrangements as would enable her eldest girl to attend more regularly,, the case being adjourned till May 20. The case against Henry Doring was adjourned till April: 29,. to':(enablethe defendant, who. was absent on'a steamer, to-ap-pear in. Court., •. .. ■ . ,

UNREGISTERED DOGS. At the instance of Inspector J. Doyle, of the Wellington City Corporation, several owners of nnregistored : dogs were prosecuted. Hans Peter Jorgenson and \Villiim Watson were each fined 55., with. 75.. costs,, in default 24 hours' imprisonment. Andrew, Anderson, Harold Barton, John' Joseph Corliss, Patrick John Purcell, and Alice Redmond, . were each • ordered .to pay the costs of the prosecution, 75., in default, 24 hours' imprisonment.

SMOKING NEAR BENZINE CARGO. At the instance .of the Wellington Harbour Board, represented by Mr. Izard, a man named Thomas White was prosecuted on a charge of having used obscene language-, to. one Archibald Smith. The accused expressed contrition for-his offence. Mr. Izard stated that instructions had been issued to the wharf officials to see that no smoking was permitted on or about.'a certain vessel which was discharging a-, quantity of.' benzine , and other highl^l!inMii^iable';sMrgpr;at- ! ,thfi Jervois Quay Wharf. 1 The-accused had disregarded: the prohibition, and walked, up to. Smith, lit his pipe.-.and. used the. language'complained oty:, ■■■'■;. •' . His Worship took into account the accused's Expressions of .regret, but ■said that a> , penalty would: have to ,be imposed. The accused would be conTicted' and fined 205., with,costs totalling 365., the option being seven days .imprisonment. . ... .

MONTH'S IMPRISONMENT. 'A first emending, jnebriate /named James' Wilson was sentenced- to one month's; imprisonment; :tpr using obscene .language 1 to 'arresting constable/ J' :. '.',, ' ■■: "HAZARDS." ,- Twice, previously .convicted for. indulging in' the .■game of. hazards, such game being regarded with disapproval by the Law, John Doyle was fined £5,, with court costs 7s. upon third conviction for the offence. The alternative;; was 14/ days' imprisonment.. . 'attempted .suicide. James Ford, charged on remand with having attempted to commit suicide on April U, at Wellington, was, onjhe application'of Sub-Inspector Norwood further remanded tall April 29. The sub-inspector explained- that the accused was.still in too condition to answer to thecharge. Hβ, had, on several occasions, threatened his wife. ALLEGED FALSE PRETENCES.: Eric. Oscar Fairey, alias Douglas Stirling appeared on remand on a charge of having obtained the sum of £10 from Mary Ann -Bout by .means of a valueless cheque, \ and on the application of Chief Detective, Broterg was remained to appear at Cambridge on April 26. Mr. O'Leary, ■ who" appeared for the accused; asked for - baiL ■ _- . . The chief detective explained that the accused, a ' single, man, belonged -.to South Australia, and was "wanted :y at. Hobart on another/charge. ,-. v^ Bail was fixed,at £100,- with two sureties.of £50 each.. /CHEMIST FIJNiiU. ''Robert-' Johnston. : a ..chemist, was charged,' on the -information of U k. 'Aldridge ■ dnspec*«;:el. Awards), with having kept-his shop open after 8 p.m. at which time the/Act required .such •shops 1 to be closed. "He.pleaded guilty, stating' in extenuation that • someone had come inte the shop, just on closing time,' for a prescription to be made np Under the circumstances he could not ; very well' help himself.. Ho was convicted and fined 205., with costs 75., the alternative being 48 hours lmpnsonment.'! : •

A CHANGE TO" REFORM. Eva May Vine, appearing on remand for sentence on a charge of being an idle and disorderly person, stated that she was willing to enter the Salvation Army Home. , His Worship decided to give her a chance , to reform, and ordered her to come up for sentence when called on, on condition that she remained m the Salvation Army Home for- a period of 'six months. : INSOBRIETY. ' ' "Helplessly drunk 1 ' was the oomdftkai ia which a young woman named Flora M'Donald was found by tie police in Lanibton Quay, on April IS. There had been, within the last six months three previous convictions against her name. His Worship declared her to be an habitual drunkard, convicted and sentenced her to 21 days!'imprisonment, and directed that a prohibition order be issued against her. William Jovons, who did not appear, Ijoas fined ,205., with the option of 48,

hours' imprisonment, upon his conviction on a charge or drunkenness. Ho had bean once previously convicted. A prohibited person named Patrick ltuddy was charged and convicted of having procured liquor from H. Dooloy on April 9, at .Wellington. Hβ was fined 405., with the option of seven days' imprisonment. OTHER CASES. On a charge of expectorating on the footpath, thereby committing a breach of the by-laws, a man named Henry M'Loughlin was convicted and ordered to pay' the costs of the prosecution, 75.; in default, 24 hours' imprisonment. Jesse I. Hills, charged with failing to clear his property of gorse, thereby creating a sourco of danger from fire, was convicted and fined 205., with costs 75., the alternative being seven days' imprisonment. There was no appearance of John O'Brien in answer to a charge of having allowed bis horse to wander.. He was convicted and fined 20s, with court costs, 9a, witnesses' expenses 45., the option being 48 hours' imprisonment: ■ ■ .' . i ■ 'Frank Peittengell, convicted of having allowed his horse to wander,, was ordered to pay the costs of the prosecution, :7s. . . .. . ' - ;