MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1134, 23 May 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.JI.)

STRANGE APPLICATION,

A QUESTION OF PATERNITY.

Harold Enoch Spencer was charged with disobedience of a maintenance order, under which the arrears amounted to •£lB 3s. lid. As n defence to the charge, accused applied for a rehearing of the information under which the order was made. Mr. A. Dunn appeared in support of the application, and Hub-Inspector Sheehau represented the police. It appeared, that on June 21, 190/, accused had consented to an order to pay Gs. a. week towards the support of a child. Subsequently he applied to have tlio order cancelled, but tho application was dismissed. Defendant had served three terms of imprisonment for disobedience of the order, and now made further, application to have tho order cancelled, on the ground that he was not the father of the child. According to the story of accused, the child came into his possession at the latter end of 1906, when he was living at Boxhill, Brooklyn, with a woman named Knight. At the time, accused thought that the child was tho son of a man named Richard Mathews, but subsequently learned that it had been adopted by Mathews. In 1907, when he was Jiving in Forresters' lane with the woman Ivnight, the child was sent for' treatment to the hospital. "While it was there the police obtained an order committing it to a homo, and Spencer consented to an order for maintenance.

The evidence of several witnesses was called with tho object of showing that accused was not the father of the child.

Defendant, in the witness box, stated that ho was now married, and had not seen the woman Knight ' for about eighteen months, but, on being pressed by Sub-Inspector Sheehan, he admitted having lived with her about threo months ago. , The witnesses called differed in their evidence regarding the age and. description of the child, His Worship, after hearing what they had to say, remarked that lie was not satisfied as to the. identity of tho child. The only evidenco that the child in the homo was. the. one referred to was that of defendant,/but his Worship required substantial corroboration. The whole case bristled with mis-statements. An adjournment until June 5 would bo granted, so. that the woman Knight could bo called, and also the woman who alleged that she was Mrs. Mathews. "WAS WILLING TO SQUARE IT." On tho information of Arthur Smith, a newsvendor, a young man named Salvatari Ferraro, was charged with assault. Mr. J. J. M'Grath appeared for defendant, who pleaded not guilty. . Informant stated that, on May 13, after he had been in the bar of the Duke of Edinburgh Hotel, he was followed out by defendant, and assaulted. Cross-examined by Mr. M'Grath, informant denied that ho was a "beer cadger," or that he had ■ proved a nuisance in tho hotel. lie also denied having given any provocation. Ho admitted, however, that ho would have been willing to "square" the case, but denied having fixed his price at 10s. Evidenco for tho defence was to the effect that Smith had gone into the hotel on tho morning of May 13 and, after ordering drinks for himself and two friends, had refused to pay for them. Ho twice threw a handful of trotter bones at defendant (tho barman), and tho latter followed him out of the bar intending to give him in charge, but lost his temper and struck him. His Worship considered tho assault a trivial one, provoked by Smith, and dismissed tho information, but refused to allow costs,''remarking that defendant should have restrained himself, and charged Smith with using conduct calculated to provoke a breach of the peace. ALLEGED FORGERY. William Stanley Wesley, described as a steward, who-camo froni"-England- two 1 1 months ago, was charged with forging tho name of Geo. Walker to a P.O. Savings Bank receipt, and uttering tho same to W. Phillips. The offence is alleged to have taken place on Thursday last. On tho application of Chief Detective Broberg, accused was reman led until tomorrow morning. Mr. I'. P. Kelly, who appeared for accused, asked for bail, which was fixed at £50, and two sureties of .£25 each. REMANDED TO AUCKLAND. . A young man, named .Tames King, alias Leonard Martin, was charged with that, on or about May 5, he broke and entered the dwelling-house of William Grier Fletcher, at Romuora, Auckland, and stole therefrom a gold bracelet' with a Ivruger sovereign attached, valued at .£2. On tho application of Chief Detective Broberg, accused was remanded to appear at Auckland this morning. VAGRANCY. An old man, named James Rhodes, pleaded guilty to a charge of being a rogue and a vagabond. Ho was remanded for sontenco in order that inquiries might be made as to whether ho could be admitted to the Ohiro Home. Later in the morning ho was brought up again, and ordered to come up for sentence when called on, a condition being that'ho entered the Ohiro Home and remained there for six months. THREATENING BEHAVIOUR. Two stalwart individuals, named Michacl Lynch and Joseph Wfldley, were charged with using threatening behaviour, whereby a breach of the peace was occasioned. Lynch pleaded guilty, but Wadley, though ho admitted striking blows, claimed that he had been given provocation. After hearing evidence, his Worship decided that Wadley must be convicted, but, as he had received some provocation, a light penalty would suffice. Wadley was fined 305., with tho option of seven days' imprisonment, and Lynch was fined i£3", in default fourteen days' imprisonment. MAINTENANCE. John M'Kelvcv was ordered lo pay Bs. a week towards tile support of his brother, Thomas M'Kelvcy, who was-stated to be blind and paralysed. Samuel M'Kelvey was ordered to pay Gs. a week towards the support of his "brother, Thomas M'Kelvey. Defendants were also ordered to pay 10s. Gd. each, solicitor's fee. Mr. P. W. Jackson appeared for the complainant. Michael Aylward, who did not appear, was ordered "to pay 15s. per week towards the maintenance of his wife. SENT TO ROTOROA. Thomas Chalmers Leslie M'Grogor, who has been before tho Court on numerous occasions for drunkenness and breaches of a prohibition order, was charged with drunkenness, and with two separate breaches of his prohibition order. Accused pleaded not guilty to the charges, but, after hearing the evidence, the magistrate recorded a conviction in each case. Accused was declared an habitual inebriate, and was ordered to lxj sent to the Inebriates' Home at Rotoroa, and detained there for a year. OTHER CASES. For procuring liquor during tho currency of a prohibition order, Christina ■M'Gregor was fined 20s. and costs 75., the alternative being seven days' imprisonment. . John Hayes, who admitted having been fo.irnl drunk on Saturday, was fined 10s., -with- tho option of 48 hours' imprisonment. Cecilia M'lntosh, charged with drunkenness, was fined 55., in default 21- hours' imprisonment. Three first-offending inebriates, who did not appear, were ordered to forfeit their bail (10s. each) or undergo 21 hours' imprisonment. Another first offender was convicted and discharged. Peter Middlemore was convicted and discharged for drunkenness, but was sentenced to one month's imprisonment on a charge of indccency.