MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 807, 3 May 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. Q. Kiddoll. S.tf.) ■' STRUCK' DOWN WITH A! HAMMER. ] CHINESE tAUNDRY CASE. J The circumstances surrounding tho re- t cent assault case at a Chinese laundry i in Kent. Terrace were unfolded when i Wing Leo appeared on remand on a ( chargo of having, on April '<!$, assaulted \ one Ernest PerEusou,. thereby • causing t him actual .bodily,-.harm. - f Before tho above chhi'Re /was read, Sub- j Inspeotor Norwood' stated that the injuries received by; Ferguson had been c found, to be jess.thanSVas at first anti- c cipitted, and informant had been able to t go, back to his work/ He therefore asked I that,.the chargo,should be reducod to one r, of cqinnion nssault, The alteration in i the charge was allowed.. '

A(j,o)isec|, who was defended by Mr. Herdman, pleaded not guilty. Ernest Ferguson, • boilermaker, stated that lie went to acoused's laundry in ,Kent i'l'erraeo on.tlie,evening of Apr,il 23 to set his washinE. : He had lost tho check ticket given • for the washing, but recognising his bundle of clothes he reaohod over the epuntor to get it, when accused struck him on the head with a hammer. • lie was behind the counter when he received the blow. When ho jiad been arguing with the Chinaman in tho shop, three other Chinamen, in.cludihg accused, had rushed in from tho back of the shop. ■ , To Mr. Herdman: Ho had taken his washing to the lnundry half a dozen times previously, and had never had any difficulty in getting it 'when ho presented his check. He had always been treated with every courtesy in the.: shop. The Chinaman had said that he would give witness the.iyfishing if he signed a book acknowledging receipt; of the parcel, as lie hud lost his check.. \Yitness declined to sign the, book until he got the washing. Hβ had had two drinks on tho Saturday afternoon—brandy ' and port wine— beforp lio went into the laundry/ He wiis not iu a fighting frame, of mind, and >T«s not. "ready to fight Hie' whole of'the Chinamen in tho country." Mr Heury stated that he examined Ferguson after the assault, and found a small scalp : wound on tho left side of the forehead.- The wound was not likely to be serious. ■ . ■ ' I

"T\. J. _ Matheson, an acquaintance of said ho was passing Wing Lee's laundry, on the Saturday evening in question when tho noise in the shop attracted . his attention. He looked in, and saw accused strike Ferguson on the heud with a hammer. Another Chinaman was armed with a broom, and another had a stick. 1 I'ergivson was unarmed, and witness, did not see him do anything to provoke the attack. / < Constable .At helrio also gavo evidence. Mr. Uerdman said it was true that lerguson , was struck with the hammer, and the only question 'involved was whether the circumstances justified accused in using tho hammer. Counsel urged that it was a piece of gross and unwarrantable impertinence on the part of Ferguson , , to go into tho laundry and behave as he did ingoing behind tho counter and trying to go away with the goods. Icrjuson had been given a ticket lor his laundry, and if he had produced it he would have got his goods. However, ho lost tho ticket, and, -to clear themselves, tho Chinamen had to get a signature in their desk book, showing that the person who claimed tho goods had signed for them, in case any question was raised later, 'lherb was a printed notice in the shop stating that this must bo done- in the event of tho .check ticket being lost. The position was explained to Ferguson, who would not sign the book, but jumped over the counter and attempted to remove' his washing , by force. Accused came out to see what the trouble was, and on trying to prevent Ferguson', taking the parcel was attacked .and chased into tho, back of tho shoj, where, it was alleged, Ferguson struck him and knocked him down. Later accused was protecting himself with tho hammer when ho struck Ferguson. Counsel went on to refer to the impertinent and impudent mannei in which some young men thought they were- warranted in dealing with Chinese. After hearing tho detailed evidence) for the defence, his Worship said it was clear that an assault had taken place, but it was also clear that if Ferguson had exercised a little patience ho would have receive;! his parcel, and would have escaped a blow on the head. Ferguson only had himself to blamo for tho position he found himself in, but at the same lime the Chinaman had no right to use the hammer. There was no occasion to use It, but the assault was not a serious one. Accused would be convicted and lined 405., and costs XI 35.. in default saveii days' imprisonment. .£1 of the fine was ordered to be paid to Ferguson. •ME AKMY Oil GAOL? A young woman named Florence M'Anally, alias Nellie Wilson, pleaded guilty to 'a charge of insobriety, and not guilty to a charge of being an idle and disorderly person in Hint she has insufficient lawful means of support. ■ After hearing the police evidence ns to accused's habits, his Worship entered tt conviction and .discharge for druiikcnliCSS. On the second chargo his Worship asked accused if she whs prepared to ro intn the Solvation Army Home, to which she icpHcd in the negative. The Court, however, did not take this refusal as final,

and remanded accused until this morning for sentence, thus giving her an opportunity to think tho matter over.

AN UNUSUAL POSITION. A further remand to May 11 was granted in the case of Sydney Diamond,, charged that on or about November 23 ho did steal 155., the property of his employers, the A.M.P. Society. Air. O'Leary, for accused, in applying for the further remand, pointed out to tho Court that Diamond at present stood committed for trial on a charge of forgery. The present charge was not ah indictable offence, and must thereforo be dealt with in this Court. In asking for a remand until after the Supreme Court sessions, counsel stated that tho defendant did not for a moment admit his Ruilt, but one could not say what the result of any case would be, and if a finding of guilty was recorded in the present case it would undoubtedly prejudice accused s cafe in the Supreme Court, lite alleged theft in this case was dated after the alleged forgery, and .-counsel thought it would be unfair to accused to make him answer this present charge whilst tho other case was pending. His Worship said the circumstances surrounding the charge of theft and the ulenrtion nf forgery were somewhat connected, and it was only fair to accused that tho case in the Supreme Court should be heard before evidence was taken on the charge of theft. A remand to May 11 was granted, bail being allowed in a deposit of .£5 and one surety of ,£5. A WAYWARD GIRL, Laura Jeffreys, remanded from Friday last, came forward for sentence on the following charges—(l) stealing a chain and cross, valued at S3, tho property of Violet Butler; and (2) stealing a pair of corsets, valued at 12s. Gd., the property of Violet Parker. ' ' ' Chief-Detective Broberg stated that in accordance with the instructions of the Court inquiry had been made in Christ church, whore accused's parents resided* and it had been .found that there was nothing against her previously. Her parents' were in a position to take her back, and were prepared to do eo. She was a headstrong young, woman, and would take no end of looking after. Home was, in his opinion, the best place for her. Mr. O'Leary, for accused, stated that a girl friend of accused's was willing to take her and pay her board until she got work again. Considering what had hap, peued, accused did not wish to go to her parents again immediately.' His Worship said accused had pleaded pilty to one of the charges, and had been found guilty of the other. . She had not been before tho Court before for dislonesty, and would be given a chance of turning over a new leaf. She would be convicted and ordered to come up for sentence when called on on both charges, nnd pending arrangements bejng made with her parents sho ■ would bo taken care of by tho Salvation Army authorities. ■ _ BREACHES OF THE BY-LAWS. For leaving a vehicle without a light attached, in a public street, W. Steevens Was fined 10s., and costs 13s. ■ Joseph Anffus pleaded not guilty to a charge of being drunk whilst in charge of a vehicle, and was convicted and fined 205., and costs 215., in default' seven days' imprisonment. • OTHER CASES, . "There aro 28 previous convictions against the-' accused, said Sub-Inspector Norwood, referring to a middle-aged'man named Michael Connolly', charged (1) With insobriety, and (2) with procuring liquor during.the currency of a prohibition order. Accused, who,hod just como out of gaol on Saturday; after serving a month's imprisonment, pleaded hard for anothei chance. On the first charge accused was convicted and ordered to como up for sentence when called on, and on the eccond charge he was convicted and fined dOs., in default fourteen days' imprisonment Alice Maud Mary' Watson pleaded guilty to a charge of importuning, and declined to take advantage of an offer to go into'thb shelter of the Army Home. His Worship remanded accused until this morning'• for sentence; giving her/24 hours to reconsider her decision. ■

Isidore Jacobus was sentenced to one. Cmonth's imprisonment for insobriety. On a second charge of procuring liquor during tho currency Or r. prohibition order accused was convicted and discharged.. ■■. -A prohibition order to- have' twolve moatns , currency in the Wellington and Hutt licensing districts : was issued against John Walter Simp6on- Brewer, on tho application of his wife, Thos. Jesse Dunn was convicted and fined 10s., in default. 48 hours' imprisonment, for insobriety. Two first offenders were each fined 10s., with the alternative of 24 hours in gaol. • .