MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1054, 18 February 1911, Page 15

MAGISTRATE'S COURT.

(Beforo Mr. AV. G. Riddcll, S.M.J A SECOND-HAND DEALER'S BOOK. Fanny AVhitaker was charged with a breach of the Second-hand Dealers Act of 1908, in that,' on February 6, slio failed to enter second-hand goods in a book prescribed by tlio Act. Mr. A. L. Herdman'appeared' for'defendant, and .stated that the ofTenco .was admitted; but'that there was an explanation to make. . .Defendant, kept a book as required by tho Act, but sho employed a 'manager, who did . not havo, tlio run of tlio book..- Tho goods wero brought into, tho shop about o o'clock ono evening, and the manager received them, and entered them on a slip, of paper, which-was subsequently passod on to defendant to make the book' entry. Counsel hoped that his Worship would deal leniently with defendant by indicting a small monetary penalty. Tlio magistrato said ho. would not tako notice of a previous conviction, as it was seven years ago. A fino >of 40s. was imposed, with costs 75., in default fortyeight hours' imprisonment. SALE OF A RAILWAY TICKET; ' Herman -Newman pleaded; guilty to selling, on January 30, tlio rotum half of a_ railway ticket from Auckland to Wellington, part "of which had been used for tlio journoy on which- it was issued. ' Chicf-Detectivo Broborg • stated that the offence had been discovered through' defendant advertising 'tho. ticket for'sale..': Defendant wAs a' rcspectablo mari,' and .haU' committed tlio , offenco -.through ignoranco, though tho tickets wero plainly marked "not- transferable." • Tho magistrato imposed a fino of os., with costs 75., in default 24 hours' imprisonment.

THREATENING BEHAVIOUR. Frank Brown,and Michael Black wero jointly charged with using threatening behaviour in Courtenay Place on January 28, whereby a breach of tlio peace .was occasioned. -Brown pleaded guilty, but Black, for whom Mr. H. F. O'Leary appeared, pleaded not guilty. . Tlio cliargo was tlio result of a- scuffle outside tlio Britannia Restaurant at ->11 o'clock at night. ;' : Tho ''magistrate clr missed '.tlio information', against Black without calling oh tho defence. Brown was fined 405., with .costs ills., and witnesses' .expenses. 125., . in: default 14 days' imprisonment. .. \ »,.• ' William Stevens; Theresa ' Stevens, Horace Jeyes, and Stella Maxslin wpro jointly with;,using threatening boh'aWof^'in;€oUitchay ; l?lifce}--oii"'3anu-a^. l '#,*^«iiifl^heVclby..<^Sfihg.. , tt ( ,Br€aph of tho peace. .Tho first' two'.'defendants pleaded guilty, and tlio other two entered pleas of not guilty. After hearing tho evidenco, - tho magistrato fined William and Theresa. .Stovens 40s. each, in T default'l4 days'Piilijwisonment. Jo#s dlifl 'Margin Wore finix.l 20s. each,' in dctaiilt seven daj'S"''ttiifl-isonmont. 'Court costs 95., and witness's exponscs GsJ, wero to.bu equally divided 1 among tlio four defendants. ' ' . Theresa Stevens and Walter Turner pleaded guilty to_ a chargo Of using threatening behaviour in Allen Street on February 14. Each was fined 205., and , ordered. to pay 3s. Od.. cost®, in default seven days' imprisonjnont. , NEGLIGENT .DRIVING. .• Len." Oloakpj for-wh6m'-Mr! ; 'A. L. Hbrdmari:'.'a'ppcii'redi' _i)lb'aded' l 'iV6f!';guilty /to a chargd :<sf, 'tlriying an express oil, tlio Hutt Road | at-", l'otono on February 2.., Evidcncp, was "given to the. effect that Cloako ikept on the right-hand sido of tho road, dud did not pull his express; across. to allow a motor-car- to pass in rcsnonso to the "tooting" of tho horn. 'For tho defence it' was conteiidbd tliat a driver was correct in using''any sido ;of tho road as long as lie observed tho!."fulo. of tlio, road" when passing; "and being passed by other vehicles. On tho occasion in question, Cloako did not hear tlio tooting of tho horn on account of tho fact 'that liis horses and vehicle wero making so much row, while ho was seated in front of -a heqvy load, and the wind was in tho wrong direction; The magistrato hold that as defendant used tlio right-hand sido of the road, ho should havo exercised vigilance to . seo that ho did not obstruct any other vehicles from passing his. A lino of 20s. was imposed, with costs 135., and witness's 75., .in default 24 hours''imp^sonnlenti . . OTHER CASES. ;

John' "Bright, a seaman off the Tongariro, 'was convicted and discharged for drunkenness, but for using obscene language tho saniei accused was fined £3, in default 21 days' imprisonment, and for indecency lio was sent to gaol for 21 days, without* tho option of a fine. . ' ■ : Terenco M'Alear, alias Cameron, alias M'Kennai alias Brown, alias Gray, pleaded guilty to three charges, namely, drunkenness, procuring liquor during tho -currency 'of a prohibition order, and using obsceno language. The police report snowed that thoro was a Jong list of previous convictions against accused. Ho was convicted and discharged for the first offence, fined 405., in default 14' days' imprisonment for the second, , and fined £3, with tho alternative of u imprisonment, for. tho third. > • - . .. . ; Michael Higgins, alias Michael Hart, against whom tliero wero seven previous convictions,- pleaded guilty to.a chargo of drunkenness, and was sentenced , to a month's imprisonment. -Mary> Wilson, who had been remanded for sentence on a chargo of drunkenness, was also sent to : a gaol for a month. James Hannigan, for drunkenness, was filled 205.,. in default seven days' impnson r mcnt. On n similar charge, James Patrick O'Brien was fined 10s„ with the alternative of 48 hours' imprisonment. Mary Joyce, who had been found helplessly drunk tho . previous week, and remanded for curative treatment, was ordered to pay-los. medical expenses, or undergo sovon days imprisonment. John Driscoll, charged with drunkenness, was ordered to pay 17s.'Cd. medical expenses, 111 tlio alternative to go to gaol for seven days.