MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1085, 25 March 1911, Page 14

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddel], S.M.) STREET SPEAKERS. WAS THE TRAFFIC IMPEDED? DOWDALL AND ANOTHER. John Dowdall and Thomas Eaglo wpre charged with having caused a crowd to congregate in Mercer Street 011 March 11, so as to impede traffic. Sub-In-spec.tor Shcchan prosecuted, and Mr. T. W. Hislop appeared for the accused, who pleaded not. guilty. Tha Socialists' Permit. The facts as outlined for the prosecution were that, at about 9 p.m. on March 11, Sergeant Fitzgerald went to Mercer Street, in consequence of a complaint received, and there found a crowd congregated so as to impede tlio traffic.. Dowdall was addressing the crowd, and iiaglc and another nian. named Farland, also tool; a hand in the address. The sergeant asked them to desist, but they declined to do so, explaining that they held a permit from the City Council, and would take all responsibility in the matter. The crowd remained, and tlio speakers continued to address them for about 35 minutes after they ivero asked to desist. The street was a busy one, leading to public institutions, such as the Public Library and the Town Hall. All permits were subject to police control. Police Control of Permits. Mr. Hislop, for the defence, called evidence as to # the Socialist party receiving a permit from the City Council 'in May, 1903, entitling tlio holders of the permit to speak at certain street corncrs. The permit had not since been revoked, and it contained 110 reference to police control. The original permit was pasted 011 the wall ut the party's rioms, and'could'not be'produced, tut

a copy was put in. Sincc these proceedings had been set on foot, tho party had been advised that they would have to apply for a new permit, and they intended to do so. The magistrate decided, that as tlicro was no reference to police control on | the permit, tho information must ho dismissed. If tho City Council wished to havo these permits subject to police control, it would have been an easy matter to have mentioned it on tho permit. Sub-Inspector Sheehan remarked that tho police wished to keep tho streets clear for traffic, and, if these and other speakers were found to bo impeding the traffic, they would bo prosecuted again. Tho magistrate concurred. As a result of these cases being dismissed, a charge against George Grey I'';iiland was withdrawn, as it had reference to the same occasion. A charge against Arthur Withy, of causing . a crowd to congregate on March 14, so as to impedo traffic, was adjourned till Monday. Mr. C. R. Dix appeared for Witliy. CRUELTY TO A HORSE. On tho information of tho Society for the Prevention of Cruelty to Animals a young man named Walter Lundquisl \tas charged with ill-treating a horse on March (i by working it wliilc it was in an unfit condition. In connection with this charge, John Yarcoe, the owner of the horse, was charged with sanctioning the ill-treatment by allowing the horso to be worked. Mr. V. R. Meredith appeared for the S.P.C.A., but defendants, who pleaded not guilty, were not represented by counsel. Tho magistrate considered that tho evidence warranted a conviction in each case. Lundquist was fined 205., with costs lis., and solicitor's fee £1 Is., iu default seven days' imprisonment. Yarcoe. was fined 405., with, costs lis., and witnesses' expenses £2 25., the default being. seven days' imprison■mcnt. NEGLIGENT DRIVING. Arthur Fitzgerald pleaded not guilty to a charge of having negligently driven a motor-car in Crawford Road, Kilbirnie, on March 10, and to a further charge of having iailed to sound a bell or other warning to announco tho approach of his motor-car. Mr. S. J. Moran appeared for defendant. After cvidcnco had been tendered, a conviction was recorded in each ease. For the first offence accused was filled 205., with costs lis., and witnesses' expenses 125., the option being seven days' imprisonment. On the second charge a line of 20s. was imposed, with costs lis., default being the same as in the previous case. " MAINTENANCE. Michael Minoguo was ordered to pay 7s. per week towards tho maintenance of his illegitimate child, and also to pay 'Is. witness's expenses, and £6 6s. accouchemcnt expenses. Mr. J. J. M'Grath appeared for defendant. BY-LAW CASES. Tho sudden death .of some ducks bolonging to a resident of Regent Street, resulted in Alexander Crosfiery being prosecuted for laying poison adjacent to a public place, i'esterday Croskery admitted tno offence and after hearing his explanation tho magistrato decided that tno caso could un met by a . line, of 10s., with costs lis., tho alternative being 21 hours' imprisonment. Alexander Johnson, proprietor of a poultry run, was charged with allowing household refuse to remain on his premises. The city solicitor (Mr. J. O'Shea) prosecuted, and Mr. E. J. I'itzgibhon appeared for accused, who pleaded not guilty.. After hiaving evidence, the magistrate Was not prepared to convict, but he remarked that it was a proper case to bo brought. Cornelius lliekey, who was charged with walking through tho Kilbirnie Tunnel without permission on February 18, did not appear, but sent written admission of tho charge. He was lined 205., with costs 75., in default 48 hours' imprisonment. For driving a vehicle after dark without a light, - Andrew Craig was fined 205., with costs 75., tho alternative being 48 hours' imprisonment. Frederick Gray and William Hart were each charged with riding.a bicycle on the footpath in Oriental Bay oil March 5. Gray was fined ss. and costs 75., in default 48 hours' imprisonment. Hart, who is only 17 years of age, was eonvictcd and ordered ,to pay Court costs 75., tho alternative being 24 hours' imprisonment. For driving a mot.or-c.vclo oil a public cyclo track within the boundaries of tho city, Harold Hardy was filled ss. and costs 75., in default 48 hours' imprisonment. Lionel Charles Burke, for whorj Mr. J. J. M'Grath appeared, pleaded not guilty to a charge of allowing two horses to wander. After hearing the evidence the magistrate dismissed the information, and allowed defendant £1 Is. solicitor's fee. For allowing .a horse to bo at large, Georgo Bradley was fined 10s., with costs 75., in default forty-eight hours' imprisonment. John ICelleher, who had been found drunk while in charge of a vehiclo on Thursday afternoon, pleaded guilty, and was fined 205., in default seven days' imprisonment. The same accused was charged with being away from his vehiclo on March 14, and thereby being unable to have full control thereof. For this offence he was convicted and ordered to pay Court costs 75., with tho alternative of twenty-four hours' imprisonment. ' OTHER CASES. An elderly man, named Edward O'Reilly, charged with indecent exposure, was remanded until March 29. 13ail was allowed in £75 and one surety of £75. Mr. V. R. Meredith appeared for accused. John Hayes, alias Noon, appeared on remand, charged with being a rogue and a vagabond, in that ho was found without lawful excuse oil premises in Abel Smith Street. After tho evidence of olio witness had been taken, accused was further remanded until March 29, on tho application of his counsel, Mr. V. R, Meredith. Two first-offending inebriates, who failed to appear, wero ordered to forfeit their bail (10s. each), or to undergo twenty-four hours' imprisonment. Another first offender was convicted and discharged. For using improper language in a public street, Donald Mathieson was lined £3, in default 21 days' iniprison- ' nient. Mr. K. Kirkcaldio appeared for accused. John David Speight admitted procur- ; ing beer during the currency of a pro- [ hibition order. He was fined 405., 1 with costs 75., the option being 21 days' gaol. ___________