MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1224, 5 September 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. \K. G. Riddell, 3.M.) "MOVE ON!" POLICE MAKE A POOR CASK. _ A nucstion of obedience of a order to move on arose nt the Magistrate s Court yesterday morning. _ ~,,,„,,„ KdwaVd Afkinson am) Patrick M Mai on were charged with loitering in \VH 1= Street onAugust 1 after being directed by Cousiable Squire to move on. Mr. litzgibhon appeared lor the defendants, wlio=o ploa was "not guilly." ~„,,. Evidence was B ivcn by Constable Sfiuire. Hβ stored that he was on duj oil Lambtou Quay and had seen Atkinson and M'Mahon standing at htcwarl Dawson's corner. He asked them to mo\c on, and they did so. Later he saw them at tho Duke of Edinburgh Hotel corner and ngain moved them on. Iwice eubscquenlly ho had made them movo on. Ho took their names and JfJlahon gave the name of "Harrison." Mr. Fitzgibbon took exception to evidence Sub-Inspector 'i'heehan wished to adduce through certain questions, and no further evidence was given except that Constable Squire said in reply to a question that ho had moved the defendants on twice in four hours. His Worship: "Well, if a. man is instructed to move on and does so, and is told again to move on and again does so, he is obeying tho law." Sub-Inspector Sueehan: "If, that is the way your . Worship looks at it, it is no use my wasting the tinio of the Court." His 'Worship: "That is the way I look at it." Sub-Inspector Sheshan: "In that case it is no use my proceeding." His Worship: "Very well, the informations will bo dismissed." HOW FIT WAS THE HORSE?' Walter Robert Hare and Gordon Hare wore charged with cruelly ilUtreating a horse. Mr. Kirkcaldie appeared for the informant,- and Mr. Jackson for the defendant; Frederick Seed (Inspector for the Society for the Prevention of Cruelty to Animals) and Constable Doyle gave evidence that the horse was in a somewhat low condition, and had inflamed sores on its shoulders. For the defence the evidence was thai the horso "vras u Tecent purchase, that its shoulders were protected, and wore not causing pain, and that t'he horse was in working condition. His Worehip remarked that it was purely a question of evidence, and neither Inspector Keed nor Constable Doyle were interested parties. :W. R. Hare. was fined £2 and costs, and Gordon Hare (his son, and the driver of the. animal) was fined 10s. and Court .costs. WAS THE WHIP USED? Thomas Conn,ell'was fined 20s. in respect of a charge of assaulting Albert Whittaker. Mr. Dix represented tho defendant. Mr. Jackson appeared for Whittaker, whose case was that Connell had struck him with a whip. Whit'Uiker's statement was supported by one witness. Connell denied the assault, but his Worship held that the weight of evidence was against him. SEPARATION GRANTED. An application by Alary Lucena for separation from her husband Charles Herbert Lucena, maintenance by him, and guardianship of hvo young children was granted. The maintenance amount was fixed at £1 per week, and it was stated that Lucena' had provided tho applicant •with a house. Tho ground of (ho application was that' Lucena was a habitual drunkard. ' IDLING WOMAN. Florence Emma Emeny pleaded guilty to charges of drunkenness and to being idle and disorderly, and without sufficient lawfnl means of support. . ' Sub-Inspector Sheehan stated that Emeny had been importuning men, and living on tho proceeds of vice. Emeny stated that she was willing to' go (0 the Salvation Army Home. 'She was convicted of drunkenness and discharged and on tho order of tho Court was couriered and ordered to come up for sentence when called on, on tho condition she goes to the Army Homo for six months. OTHER CASES. For failing to comply with an order of maintenance, Hugh Davis was sentenced to one month's imprisonment, the warrant to be suspended while ss. a week is paid off the arrears. An application by Elizabeth Jane Gosling for separation from her husband (John William Gosling) was dismissed: John. Moore pleaded guilty to a charge of committing an act of indecency, and wns fined £1 in default 21 days' imprisonment. Percy .Tames Fleming was sentenced to 21 days' imprisonment for disobedience of a maintenance order. , Cecilia M'lntosh was declared to bo a habitual, drunkard, and was ordered to spend a year on Pakatoa Island.