MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1122, 9 May 1911, Page 3

MAGISTRATE'S COURT.

"WHO'S THERE?" POLICE ADMITTED AFTER DELAY. THE LICENSEE FINED. (Before Mr. W. G, Riddell, S.M.) Thomas Palmer, licensee of the Princess Theatre Hotel, was charged with failing to admit the police without reasonable delay when requested to do so. SubInspector Sheehan prosecuted, and Mr. A. Gray appeared for the accused, who pleaded not guilty. Sergeant M'C'rorie, of Mount Cook Police Station, stated that at 10.20.p.m. on April 21 he noticed a light in the private bar of' the Princess Theatre Hotel, and heard voices and the jingling of glasses. He knocked, and a boy answered the door, and asked, "Who's there?" Witness replied, "Police. Don't delay, to open tho door." The boy, without opening the door, retired, and witness knocked again. .About five minutes afterwards a man came to the door, and inquired who was there, and witness again replied, "Police," but still failed to gain admittance. ■ Exactly eleven minutes elapsed from the time a.t which, he knocked .until ho was admitted. When he entered tho private bar, ho observed that the barman and two boarders were there. Witness' subsequently saw tho licensee, who stated that he had "Been upstairs, and had not heard the knock. The licensee's son also denied having heard the knock. -.'.'• . Corroborative, evidence was given by Constable Shaw. John M'Kinnon, .barman, deposed to locking tho doors at 10 p.m. on the night of April 21. The only persons then remaining in the house (other than the licensee and his family), were two boarders. While witness was in the private bar, he heard knocking, and went to tho door. - When he learned that it was the police he merely formed the supposition that someone was using the word "police" for the purpose of getting in for a drink. This ruse had previously been adopted. He (.Witness) was not informed by the licensee's son that someone was knocking. Tho first intimation of knocking that came • to, witness was when he himself heard. Thomas Palmer, licensee, stated that he had admitted the police as soon as possible after he'was acquainted with.the fact that tlicre was a knock. Evidence was also given by Elsie Mario Palmer, daughter of the licensee. In recording a conviction against the accused, the 'Magistrate remarked that although the licence had stated that it was physically impossible for him to get downstairs and open the door sooner, the fact remained that, he had a representative downstairs—the barman. Th 9 latter evidently did not appreciate his position,, and the : duties attaching thereto. In the- special circumstances, and, considering the : fact that no other offence against the licensing laws had been committed, a nominal penalty would suffice. A fine of 10s. was imposed, with costs 75.,' default being fixed at 24 hours' imprisonment. ALLEGED ASSAULT WITH BOTTLE. THE STAGE DOOR AFFAIR. ' ' William James Hamilton, described as a carter, was charged with assaulting Francis M'Cann on May 5, at Wellington, thereby causing him actual bodily harm. Sub-Inspector Sheehan stated that he would slike the evidence of one witness to be taken, and a remand then granted. Mr. P. AV. Jackson, who appeared for accused, offered no objection, and the sub-inspector called evidence. Thomas Edward Tilton, stage manager of the Marlow Dramatic Company, remembered seeing, accused on Friday night at about 10.15 o'clcck, when, on account of some disturbance, M'Cann (an employee) had found it necessary to eject accused and another man from the back of the stage of the Opera House. They went out "in holts," and were then rolling on the ground. M'Cann got up and was talking to another man in the yard, when witness noticed accused rush at him (M'Cann) and strike him across the mouth with a bottle. The bottle broke, and M'C'ann's lip was severely cut, and several ot his teeth knocked out. Accused'had no right to be at the back of the stage. ; In answer , to Mr. Jackson, . witness stated that no member of the company had a right to invite anyone to the back of the .stage, but they might have done so. At this 6tage, accused was remanded until to-morrow morning, bail being allowed in the'sum of .£6O and one-surety of ,£GO. STOWAWAYS FINED. : Thomas West and John Bryan admitted having travelled on the Ngatoro be-' tweeu Greymouth and -Wellington- without . having previously paid . their fares. Each was' convicted and ordered- to pay 305., the amount of the.fare, in default It days', imprisonment,. the amount of the fare (if recovered) to be paid to the owners of the vessel. OBSTRUCTING' THE POLICE. An elderly mani named Henry Moir, pleaded not guilty to a charge of having obstructed Constable Challis on May 6 while the constable was in the execution of his duty. Evidence was to tho effect that while William Stevens was under arrest for drunkenness in Jessie Street, accused followed' up Constable Challis and several times attempted to get Stevens away by catching hold of the constable. A fine of 40s. was imposed, in default seven days' - imprisonment. VAGRANCY. A young man, named William Slattery, pleaded guilty to a charge of being au idle and disorderly person in that he was found begging alms in Thorndon Quay on Saturday last. Mr. E. J. Fitzgibbon, who appeared for accused, stated that, some little time ago, accused had been the subject of an order (made in tho same Court) for maintenance of an illegitimate child. He kept up the weekly payments, but had overlooked the costs, and had been sentenced to It days' imprisonment: He came out of gaul on Friday last, and, being despondent, had taken'to drink. Accused had a position to go to at Rougolea, and had hithcrtu borno an character, ami counsel stiggeslod that it was n case in which lie ■ (accused) might be convicted, and ordered to conic up for sentence when called on. The Magistrate, alter warning accused that the offence" rendered him liable to three months' imprisonment, imposed the penalty-suggested-by counsel. Robert M'Carry, against wham (here were a number of previous convictions, pleaded guilty to a chargo of being a rogue and a vagabond, with insufficient lawful means of support. He was sentenced to six months' imprisonment. THEFT OF..\ SUIT LENGTH. Francis Edwin Tier appeared on remand, charged wilh I he theft of a suit length, valued at 305., the property of Miller, Midlano and Co. Accused had previously pleaded not giiiltv, but his conr.«l (Mr. H. F. O'Leary) had- since advised him to alter

hW pica io one of guilty. From tlio polk*, evidence il: opneared that th:* hiiit length had been liiken from a bicycle (itamling in the street. Mr. O'Lcary asked that leniency be extended to accused, who had not previously been convicted of dishonesty, and who was under the influence of liquor at (he time that the present offence was committed. The cloth had since been recovered, and no one had suffered by the theft A fine of 40s. was imposed, with witnesses' expenses, Nis., the alternative being seven days' imprisonment.

■MAINTENANCE. For disobeying a maintenance order requiring him to contribute to the support of his mother, John jl'Nab was sentenced Jo three months' imprisonment in the Napier Gaol. Lily Francis, who was charged with disohdience of a maintenance order, made application to havo the arrears cancelled, her counsel (.Mr. A. H. Hindmarsh) stating that, if the application were granted, defendant would make a genuine attempt to keep up the payments. The arrears were cancelled, with the exception of 405., which is to be paid off at the rale of Is. ner week. The information charging defendant with disobedience of the order, was. dismissed. Kate Harris, for whom Mr. P. W. Jackson appeared, applied for snmmtrr separation from her husband, Alfred Harris, who was represented by Mr. C. K. Dix. The parties are at present living apart, and the gronnd of the application was alleged persistent cruelty. After a good deal, of evidence had been tendered on both sides, the Magistrate dismissed the application, holding that the evidence was conflicting. Percy John Kplly, who was charged with failure to maintain his child, did not appear. Mr. P. \V. Jackson, for complainant (Mrs. Ward) stated that his client had obtained a divorce from defendant, but both parties had since married, complainant now being Mrs. Ward. An order for alimony had been made at the time, of the divorce, but defendant had not complied with it, and complainant, while not wishing to havo the order of the Supreme Court, enforced, desired that a small order should be made for the maintenance of the child. Defendant had made application to have his evidence taken in Auckland, but had twice failed to attend. It was believed that ho was in good circumstances. The magistrate remarked that he could not make an order against defendant without having more definite information as to his circumstances, but a further adjournment would be granted until May 22.

PROHIBITED TERSONS, William Stevens pleaded not guilty tp n charge of drunkenness, and to a further charge of entering the Panama Ho'tcl during the currency of a prohibition order. , The evidence was against accused, and convictions were recorded in each case. On tho" charge' of drunkenness, accused was discharged, but, for breach of the order, he was fined ■ifls., and witness's expenses 45., iu default 14 days' imprisonment. For entering the Hotel Cecil during the currency of a: prohibition order, Mary Donaldson was fined 205., antl costs tho alternative being seven days' prisonment.A similar penalty was imposed in the case of Maggie O'Sullivan, charged with entering tho Thistle Inn during the currency of a prohibition order. Mr. H. F. O'Leary appeared for the accused. A prohibition order was issued against Thomas. James to. take effect for one year.' OTHER CASES. May M'Gowan, who did not appear-to answer a charge of drunkenness, was lined 205., with the alternative of 48 hours' imprisonment. Four first-offend-ing inebriates were convicted and discharged. John Williams was charged with stealing an overcoat, valued at 305., the properly of Fanny Whittakcr. Tho offence is alleged to have been committed on Friday last. On the application Df ChiefDetective Broherg, accused ivas remanded until this morning. An application was made, for a certificate of .character under the :Servants' Kegistry Office Act. As tho police report was unfavourable, the application was refused.