MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1087, 28 March 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Hidtlcll. S.M.) A COLLECTOR'S LAPSE. MONEYS NOT ACCOUNTED FOR. At the Magistrate's Court .yesterday, Herbert George Harvey was" charged with [laving received from divers persons sums uf money, amounting to 19s. Id., in terms requiring him to account for the 'same to Heinrich Heimann. He failed to do so, thereby committing theft. Chief Detective Broberg prosecuted, and Mr. P. \V. Jackson appeared for Harvey, who pleaded uot guilty. ' According to the evidence, Heimann, who is a. draper, fells goods on time payments, and employed Harvey as collector. Between July 18, 1910, and January 30, 1911, there were certain irregularities in connection with these collections, and these formed the subject of the present charge. Heimann admitted that Harvey, who had recently left his employment, had written and offered to settle the discrepancies if Heimann would supply details. No settlement had been made however. Theidefence was that the irregularities were genuine mistakes, vrhich had arisen owing to Ilarvey not being careful to take a note of each payment as it was received, these omissions being due to the large number of customers which he had to call on each day. Harvey had previously given Detective Cameron a statement admitting the discrepancies, and explaining that they were due to negligence. The magistrate considered that, accused had shown a degree of negligence, which made him guilty of theft. The system on which his collections were made and entered up was simplicity itself, and thero was no need for him to have made mistakes. He would be convicted and. as he was acting really in a position of trust, a penalty would have to be imposed. He would bo fined 10s., and ordered to make good the deficiencies. Default was fixed at seven days' imprisonment.

PORTER'S PROSECUTED. Threa licensed porters, named Charles George Briarley, Robert Fletcher, and Jeremiah Looney, were charged with having failed to stand at least six feet from the Pateena and her gangway until they were engaged. The offence was alleged to have taken place when the Pateena arrived at the Queen's Wharf, Wellington, from Picton, on March-11. Sub-Inspector Sheehan prosecuted, and llr. C. I{; Dix appeared for the three accused, each of whom pleaded not guilty. After hearing the evidence, the magistrate considered that thcro was some element of doubt as to whether the defendant! hvl bf-.nv sngaged at the time mentioned in the charge, and they were entitled to the benefit of that doubt. The informations would be dismissed.

BANK-TELLER REMANDED. John Aloysius Campbell, a bank-teller, appeared on remand, to answer the following charges :-(l) That, on November 81, 1009, at Dunedin, having received (on behalf of the Bank of Australasia), the sum of £137 2s. lOd. from George Simpson, he did convert the same to his own use; (2) that on November 24, 1809,. at Dunedin, having received (on behalf of the Bank of Australasia) the sum of .£146 13s. 3d. from J. Peterson and Co., ho converted the same to his own use; (3) that on January 5, 1911, at Dunedin, having received (on behalf, of the Bank of- Australasia) the sum of £~6 Ss. 4tl. from J. Peterson and Co., l\o converted the same to his own use. Mr. T. M. AVilford, on behalf of accused, asked for a further remand until Monday next. Mr. T. \V. Hi slop, who appeared for I'ne Bank of Australasia, had no objection to offer, and tlio remand was granted.

MAINTENANCE. Graco Stoddart was sentenced to ono month's imprisonment for disobedience of a maintenance order, under wliich ' tho arrears amounted to £5; 1 An order was made for tho warrant to be suspended so long' as . r )S. per week was paid off tho arrears. Mr. P. W. Jackson appeared for the accused ...... William Sing, a Chinaman, was'granted remission of arrears, duo under a maintenanca orticr, and the weekly payments were reduced to Is. per week, the order to stand in other respects. : , Francis G. Ilartnett was charged with disobedience of a maintenance order, under which the arrears amounted to .£3 Bs. Defendant pleaded guilty, but explained that he had been out of employment for some time, and was willing to comply with tho order as soon as he was able. The case was adjourned for a month, in order to give defendant an opportunity to pay off the arrears. A sentence of one month's imprisonment, was imposed on Arthur Lewis Maguire, for disobeying a maintenance order, . under which the arrears amounted to <£10. The warrant is to be suspended so long as defendant pays 10s. per week off the arrears. Mr. P. W. Jackson appeared for the complainant.

INSOBRIETY. Patrick Daly, charged with drunkenness, was fiued 205., in default to undergo seven days' imprisonment. For similar alienees, " Malcolm M'Ciregor, Roderick Mathieson, and Colin Jl'Kay w?ro fined 10s. each, the option being 48 hours' imprisonment in each case. Three firstoflending inebriates, who did not appear, were ordered to forfeit their bail (10s. each), or to undergo 21 hours' imprisonment. Another first-offender was fined 55., with the usual and still another was convicted and discharged.

OTHER CASES. John Alexander Love, charged with procuring liquor during the currency of a prohibition order, was fined 205., and costs Vs., the alternative being seven days' imprisonment. Beatrice E. Whitesido applied for summary separation from her husband, Leonard lsit Whiteside, and also asked for the custody of the child, alleging persistent cruelty ;.s a ground for the application. Tho magistrate was not prepared to grant the separation on the evidence tendered, and the application was dismissed without prejudice. Mr. H. I''. O'Leary appeared for the complainant, and Mr. A. L. Ilcrdman for defendant. Violet Campbell pleaded not guilty to having escapcd from the Salvation Army Home, where she had been detained under the Reformatory Institutions Act. Evidence was given to the effect that accused had previously escaped from the Home, and nad received a sentence of imprisonment therefor. After serving the sentence, she had been sent back to the Home, and had absconded again on Thursday last. Accused, on her own application, was . granted a remind until l'riday next, in order that she might obtain the services of a solicitor. For driving a vehicle after sunset without a light, Alexander Leggatt was fined 205., with costs 75., in default to undergo •Ji! hours' imprisonment. The adjourned caso against Arthur Withy, charged with causing a crowd to congregate in Mercer Street on March 11, thereby impeding the traffic, was withdrawn by leave of the Court. Sub-In-spector Sheehan stated that he did not wish to press the charge as he had received an assurance from defendant's i counsel (Mr. C. R. Dix) that defendant I had been in communication with the citv authorities in reference to streets in which he might deliver lectures.