MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 11110, 6 May 1911, Page 14

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddcll, S.M.) IMPEDING TRAFFIC. MUNICIPAL CANDIDATE FINED. WHY HE FINISHED LAST. Charles Thorpe was,charged with inducing people, to congregate in Boulcotfc Street on April 17 and-so impeding traffic. Sub-inspector Sheehan prosecuted, and Mr. I'. W. Jackson appeared for the defendant. When the charge was read Mr. Jackson remarked that his client's plea was that ho had already been convicted of the sanio offence, and therefore could not.again bo arraigned by the prosecution unless the' conviction were quashed. • The reference was .to a conviction on April 28, when defendant did not appear, and was lined 405., with costs 9s. ,■•■" His' Worship explained that immediately after the hearing of the previous chargo an error had been discovered in tho date (16th for 17th), and tho conviction was set aside with a magisterial minute to that effect. A person could not bo penalised for an offenco that had never been committed. Mr. Jackson submitted that, irrespective of tho dates, it was tho offenco that accused had been convicted of, and that offence' riiusfc stand until, it was quashed by the Supremo Court. On that ground his client objected to being tried twice for tho samo offence. His Worship said that he could not agree with counsel. As a matter of fact the Court had no jurisdiction to enter a conviction as the offenco alleged in the first information had not boon committed. But the Court had an inherent power, (if the error was discovered on the day of tho hearing) to rectify the mistake by retting the conviction aside. Evidence was then given by Sergeant Kelly as to the crowd that had congregated round accused in Boulcott Street on: the night of April 17. Traffic had been impeded, and accused had refused to go away when warned, stating that ho held a permit. It. Tait, assistant town clerk, produced a copy of the permit granted to accused to speak in tho streets. The permit applied to Ghuzneo Street East only, and was subject to police control, and accused was supposed to take his stand at least two chains from the intersection of tho stioots. Before calling ovidence for tho defence, Mr. Jackson again raised the point of the previous conviction, but the magistrate ruled against him, remarking that it was a pity that Thorpe had not appeared on the previous occasion, for tho matter could have been lighted then, and that would have saved accused the trouble of twice attending at the court.

Sir. Jackson (beforr placing liis client in the box) contended that the offence was not a very serious one. Mr. Thorpe was well-known for liis oratorical powers, ami a large crowd was sure to contjrpsjate wherever he spnko. Counsel believed that this prosecution had seriously affected his client's candidature, although the case was not heard until

after the election. Things like that got mooted about, and had a prejudicial effect, and so Mr. Thorpe instead of finishing at the top of the poll, had finished at the bottom. (Laughter.) In tlio witness box, accused stated that ho had attended the court {or the last hearing, but had arrived ten minutes too late. Ho estimated that the crowd that hud congregated round him had consisted of about 800 people. He denied defying the police, and stated that ho lint! moved higher up tlio street when spolcen to by Sergeant Kelly. Two other witnesses were called for the defence, but did not appear. The magistrate, in recording a conviction, said that it was perfectly clear that accused's permit did not allow him to speak in Bqulcott Street, and, further, his permit was subject to police control. If about 800 people, wero congregated (as accused himself had stated), Sergeant Kelly was quite right in requesting him to move. A fine of 10s. was imposed, with costs 95., in default 43 hours' imprisonment. TROUBLE ON A FERRY STEAMER, EASTER TRIP AND BLOWS. . A slight disturbance, on the. ferry steamer Cobar on Easter Monday resulted in two men, named AndrewHood and Thomas I). Thomson, appearing on summons to answer a charge of using threatening behaviour, whereby a breach of the peace was occasioned. Mr. P. W. Jackson appeared for both, defendants, and a plea of not guilty was entered in eacli case. There was no evidence against Thomson, who, it appears, had been confused (iii identity) with his son, and tho information was dismissed. Hood, it appeared, had been struck by Thomson, jun., who was under the, influence of liquor, and thero was some evidence that Hood lunged back at someone. In defence, Hood stated that, while ho was assisting his invalid wife on board, he was struck on the head without provocation, and he merely protected his wife as "any Englishman would do." His Worship considered that the evidence was against accused, and imposed a fine of 10s., in default 24 hours' imprisonment. SHOPS AND OFFICES ACT. William Gf. Parker pleaded guilty to two breaches of the Shops and Offices Act, namely, that during the week ending April 8 ho had employed a shop assistant (Geo. Parker) for more than 11 hours on a working, day, and that during tho week ending April 15 ho had employed a shop assistant for more than 0 hours on more than one working day in the week. A fine of 10s., and costs 7b., was imposed in each case, default being fixed at 48 hours' imprisonment. Ernest Minifie was charged with failing to close his shop at tho hour appointed by law on the day preceding Good Friday. Mr. E. J. Fitzgibbon, who appeared for accused, entered a plea of guilty, hut explained that his client had been under a misapprehension regarding'the law'on the point. A fine- of 20s. was imposed, with court costs 7s. INFORMATION DISMISSED. Appearing on remand,' William Justin Cunningham was charged with being a' rogue and'vagabond within the meaning of the Polico Oflonces Act in that ho had been found by night without lawful excuse u a boardinghouso in Willis- Street. Evidence for the prosecution had been given on the previoir day, and accused now called a (laughter of the proprietor of tho boardinghouse as witness. From tho statement of this witress it appeared that accused had engaged a room early in the week, and had paid 2s. The charge was Is. 6d., and accused was to rcceivo 6d. change next morning. Accused himself.,stated,,that,he .did not want tile•■change, but 'understood that the room was engaged for a week on condition that he paid more money. His Worship said that there appeared to be a doubt in tho matter, and accused must have the benefit of it. The information would bo dismissed. _______ ■' s OTHER. CASES. Bartholomew O'Flaherty, who was charged with travelling on tho Mowa between Lyttelton and Wellington without paying his faro, admitted tho offence, but stated that ho had signed on tho artictes of tho Maori at Lyttc-1-ton on the previous day, and had mado a mistake' in the steamer. Ho was fined 12s. Gd., the amount of the steerago fare, tho sum, if recovered, to bohanded to the Union Steam Ship Company. Default was iixed at-18 hours'' imprisonment. For allowing a horse to wander, Andrew Craig was fined l(b., and costs

On charges of drunkenness, Alexander Clvujchman, Donald Campbell, and Thomas Heeligan wero fined 10s. each, the option in each case being 48 hours' imprisonment. Three first-offending inebriates wero fined ss. each, with tho alternative of 24 hours' imprisonment, and another first offender was convicted and discharged.