MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1063, 28 February 1911, Page 3

MAGISTRATE'S COURT.

;* ,v(Before'Mr.' W. G. Riddcll, S.M.) '• ■ ' ; ;; THE RAID; IN .CUBA STREET-- : ; ."■,/'., TWO FINED £25. '.."*'■•.■ , NINE -OTHERS DEALT WITH. ; . Tho charges arising out of a police raid -. '' on a fish shop in Cuba Street on February .'i -'19-wen set down-' for.-hearing■ last Friday, but were,adjourned until yesterday ",''." to"enable ono of the defendants, Nora Nligont , , to bo'brought before tho Court on warrant, as tho polico had been unablo : toserve'hor.'w'itha summons. N/ujent , .appeared , yesterday, and pleaded guilty ...'..■ to a charge'of havingunlawfully served , ' 'Arthur^Palmer, with .liquor'. on; Febni- : ; try 19. . :', ','' " v' - '" .' .'. / : ,-Fanny:Prior'was charged with having •■.'•, -unlawfully: sold beer t'o Arthur Palmer on February 19, and, arising out of tho eame charge, ten men-were arraigned on .-■•:. a'charge,'of haying been',found on pre- ; discs where liquor was seized. Their ■ ;•■ namos (werei John Beiford; Thomas Bel- ; ford, William 'Bolton, Benjamin Eade, John GalbVaith, Frank '.Hunt, Donald , ■ larnach, < James M'Donald, .Michael .'•' O'Brien, and Charles Saiwders.. '■*-.- ' Station-Sergeant Darby prosecuted,' and Mr. C'H. Dis appeared .on behalf of tha defendants, excepting Nugent, and entered pieas of not guilty. All tho defendants ; were present excepting James-M'Donald. Beforo\tho cqso had'proceeded-very far, ,-..- however,-cno of-tho policemen in court '.'■". t.t.itcd'. that. Thomas Belford was under tho'influence of liquor, and the ma^is- -. •■: . trato ordered that ho should be removed ond.fhe hearinjf of tho charges against him adjourned' until to-uay. ; ■;"';. . ■■".'.„■:. '. ■. ':: Constable Palmer stated that,-on Sun- : Jay: morning. February ID, in ' company ■ with' Constable Caldurell, ho visited a shop ' »t ;289 Cuba Street.' They, were admitted • ■■' by the woman Nugent.. After they had J, been there for-about twenty-five nunutes, ■.'':■ ' Mrs. .Prior carao from.-upstairs and j ■■'.' eerved ■ : them with ~. two. glasses of beer.' Witness had previously placed » shilling into Nugent's puito to pay for ■ this. After £hose drinks bad been finished :, .- a man came from the front of .the build- ■, ing, nnd. Constable Caldwcll bought ■"■•■ drinks for tho three of them, Nugent ;,' taking the money.,, Witness then bouglit a bottlo of beer, and paid Nugent ono ' ehilling and sixnonco for'it. Subseqiiputly the man (whom they, afterwards learned vas named Donald'Larnacb) purchased • drinks.for the three of them, and paid ' • Mrs. Prior.. Witness and Constable Caldwell then proceeded to leave, but. Mrs. : Prior, noticing that witness had ' tho bottle of beer, endeavoured to get it from ; him. , Witness , , however, refused, to give it up, remarking that he had paid foi ';■ it,'-and, intended ..to keep.it. Ho.then went, to ; Mount Cook Police Station, and ■reported tho matter, to, Serjeant Eutiedge. J" Constable,'Caldwell;.corroborated the ■'•: evidence, of. tho provious witness. .In answer,to Air. Dix, witness admitted ' that" there had -been a'glass broken , ia tho ;.• fhop, nnd.that Palmer had remarked that tho money' (in one instance) would : pay forthe'gla'ss.-if notfor tho liquor. - Prior said that: she :never tqck money. ; from strangers. When'sho'was unable to ■ :•:. get the bottfe of-beer back ; frbm Palmer, ! she made tho statement that Nugent had ! ' told it,without her- authority. '-'-~'• .•■; .Sorgeant Rutledge gavei evidence as to ; : instructing' Constables Palmer and Cal- '■', troll to.visit 289 Cqba Street. As a result r : ; of. something'which ho-heard later, wit'oess secureil a seirch'w'arrant-and search-. ■:' ■ ed tho-premises, finding, a 5-gallon keg ;. .. of jbeer.'and J8 .full quart bottles of . .-.beer. Eight, men wero seated at a tiblo ■;■-.' in a screened recess, and . there were ! ; glasses, and cups of beer on the table. ;■ '■'■ .Evidence was given by Thomas Benja- ■ , win' Darrcll, brewer, and John M'll- . wraith, wino.and spirit merchant,, as to ! qnaritities''bf ; 'liij<lO*r which-had been eupplied to Mrs.; Prior. .. ••'.;■, . ,; ' oi . Naturelof .tho .Defence. . Mr. , -'Dix'indicated''thafthe evidence, -• • which he would• call for' tho defence would bo.for the-purpose of establishins a-denial that • liquor was sold to Con- : etable Palmer by Mrs, Prior at any time. ; lie then called witnesses as follow ::— '.• Nora,Nugent, who'had pleaded guilty :'• to.a'chargo of serving tho liquor, and who now. stated' that l it was ' with Mrs. Prior's permission that she had sold the liquor.' ;' .-' ' : ". .• . ■ .'. -•■ ". - ■Donald.Larnach, who was at 259 Cuba ■';. Street on tho morning of February 19, tfestifiedrthat he was under the infiuenco of liquor atthe time. Ho had one drink • with.: the constables', and afterwards put { down half-a-crown to "shout", for them, but.no further drinks came along, nnd • witness did not get any money back. Tho , -i monoy >vas given.:, to .Nugent, not to Prior. ; AS'far as ; witness ctnild remember , he only had one drink at. the place that : jnbrning. : . - -, .. .' „ . •

morning. ;.-.,.,. .. • Fanny Prior, defendant, and occupier of 289 .Ciiba; Street, denied that she had Bold, any liquor or recoiyed any'money whatever for 'llquorthat might have been K>ld to ■Constable Palmer. , ■ Magi'strata's Opinion of It. . The'magistrate considered that tho'evidence.! was; very much against both: Prior and Nugent and, though the latter had pleaded- guilty^.there,was no .reason .to. treat', her more leniently, than'the other defendant, as\ the evidence would have been' , against her in any case.- Under Section: 195 'of. the Licensing' Act each defendant was liable to a , fine of .£SO. They' would'bo' fined JE2sleach, and ordered to. pay , witnesses , expenses; 'Default was fixed at one month's imprisonment. ~'.'■ In; view of his evidence given in the caseiigainst Prior, Donald Larnaeh withdrew his plea of'not guilty, and pleaded cuilty to ( the charge of being found on tho premisss. Ho was fined 20s. and costs 7e:, in''.default,4B'"hours' imprisonment. Each of-the remaining defendants who were in Court 'put forward an excuse for his prefenceon'.the premises, some alleging that they had Wn there to purchase mineral water, some to purchase lemonade, and. others "to' inquire" about the renting of a house. The magistrate declined; to iaccept' any! of• the , explanations. M'Donald, who did riot appear,'was fined 30s. and costs 7s.', in default 48 hours' imprisonment. Each of the others was fined 20s. aiid costs 75., the alternative 'being the same. as .in "M'Dohald's case. ' '■'.;.. ', .' ■. '.'.''. ..' ■- ', ALLEQED, THEFT OF RIFLE. • David Wilson; for whom Mr. P. W. Jackson appeared, was further remanded until March"! -, on" a ; charge of stealing a rifle, valiio £3 ISs., the property of tho Aew' Zealand ' Government. Yesterday, however,' tho evidence for the'prosecution was taken, and was , to the effect that tho riHo, which originally belonged to .the Zealandiu Rifles, was taken from the Trentham Hotel, and pawned by ac-cused-for the sum ■ of 105... In a stateme.nt supplied to Detective Cassells, accused stated thatho had boon told by ono of the hotel servants ho"could have the rifle. 7 -' '••■'•■ ■•■'..■•■ -.; :,.■■■ .

:.; THEFT AND ASSAULT. Bcnjamin'Arrons, alias John Hoss, alias Albert Johnson, alias Jones, pl»aded ffuilty to a chiirge of stealing an overcoat,, valued at. 155., ou Saturday last, and also admitted assaulting the owner 'of the overcoat, John Millington. There were a number ";'of previous convictions against accused,, who was sent to Rahl for three months on tbo charge of theft, ahd-jjivena concurrent term of a month's imprisonment on the other charge. ■.; ' v^gkancy. Margnrfl Irving, for drunkenness, was fined 10s., in'.default 48 hours', imprisonment.. On'a.charge of being-an idle nnd disorderly person, without lawful means of support, the same necused was sonteuced to three months' imprisonment. '.■;.■■ .DRUNKENNESS. Thomas''Reynolds,- alias Ansfy, who pleaded Bliilty. to, a charge of drunkenness, asked to be cent to tho inebriates' Home at liotorua for n term.-as drink (he stated) had Rot hold of him. -Th? magistrate committed tho accused tc the homo for twelve months. ... , 'Henry Uichar'd" Balding'uras convicted nnd discharged' for drunkenness, but, for broach of n'proliihitioii nrder, ho was fined.4os.,':d default 11 days' iroprisouHient . j.,. ...

Cecil Fortesciio, on a charGO of, drunk; enness, was lined 10s., in default 48, hours imprisonment' Two lirst-offondinß inebriates, who did not appear, wore ordered to!forfeit their bail cf 10s. each, or to undergo 21 hours' imprisonment. On? iirst offender was Uuod 55., with tho alternative of" ii hours' imprisonment!' and tno others were convicted aiW discharged.

, MAINTENANCE. W. E. Jackson, clmrg-sd with disobeying an older cf tho limit, did not appear, but forwarded a letter admitting that he Jind not ■ mado tlio necessary payments. Tho arrears amounted to .£l2 10s. A sen(euro of one month's imprisonment in Auckland (inol was imposed.' Mr. I'. W. Jackson appeared for complainant. Tor disobedience of a maintenance order, under which tho arrears amounted to .W. Maggie J. was lined 20=. in default seven days' imprisonment.' Edward Hrcen wns convicted of disobedience of it-maintenance order. The arrears) had been paid, but defendant was ordered to pay solicitor's fee, .£1 Is., in default 18 hours' imprisonment. Mr. Iloghcn appeared for tho complainants , . . .. . .. Thomas Augustine Glcw, through his solicitor,- Mr. J. C. Peacock, denied that ho has failed to maintain his wife. It was alleged ithat ho was £1 in. arrears under a promise to pay .£1 a week, but I for the defence, it wns shown that he bad been in tho habit of making regular fortiiifjhtly payments. The information wns dismissed. Mr. C. I!. Dix appeared for complainant. . , OTHER CASES. Mary, Joyce, against whom there were 34 previous, 'convictions, pleaded guilty to a.charge of using improper language, and was fined £3, in default 21 days' imprisonment: '' ' ■•.-'-.> : For' having a false, weight in his possession on February 17, a Chinaman named Wcy Key was fined 20s. and-Court costs "s., tho weight to be confiscated. A prohibition order was issued against John Miller to take effect fqr ono year.' Defendant was ordered to pay witness's expenses, 4s.' ■ ■" • • For entering licensed premises during tho currency of a prohibition order, Gilbert A. Craig was fined EIK, and, costs ~s.} in default seven days' imprisonment'. Maud Francis .pleaded guilty; to a charge of drunkenness, but denied being an idlo and disorderly person without lawful moans of support. Slip asked for a remand on this second charge to. enable her'to bring n witness from Koputarua. Sho was convicted and discharged for drunkenness, and granted a remand for a week on the second charge. SUPREME COURT.'SESSIONS. IBy Toleerapa-Prcss A'ssnclaUon.l " : . ' Nelson, February 27. The Supreme Court sessions .commenced this morning before Mr.. 'Justice Chapman, who congratulated the itrand jury on tho lightness of' the calendar. Luke Hobman pleaded guilty to two charges cf pilfering cargo on the steamer Parana, and was sentenced to two months' imprisonment on each charge; tho sentences to bo concurrent, i-Arthur Albert JJcw.son, chared with committing an unnatural offence, was found not guilty. ■ ■