MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1507, 1 August 1912, Page 2

MAGISTRATE'S COURT.

(Ucfore Mr. \Y. G. Riddell, S.M.) THE ADVERTISEMENT. CALL FOR TWENTY SHEARERS, "ONE I'OU.ND DEPOSIT." Alexander Garriek Harold was broufrhl belore Mr. Uitlilcll, S.M., at' tli« (rate's Court yesterday mornine, charged with havhi,?, on •lnl.v -•>, attempted to obtain a siiiu of ..IT by false pretences. C'hiol'-DctcUive ilrotorg comhu-Uxl the case tor the pros-cution. Mr. 11. T. U'Loarv appeared lor accused. Leslie \V. lEutsell, porter at the Empire Hotel, staled that accused had called at the hotel, ami hail asked if there were any letters for a "111'. Abbott." Witness hall told him that there were no letters, but that there had been several inquiries for "Ur. Abbott." Chief-Detective Hrobert> said that, when accused was arrested, he had admitted that he had placed an advertisement in a daily paper, as fiillnw-:—"The undersigned' U desirous of procuring; -0 shearer- I'nr Mount (laiiibier di.-lriel 7011(1 per man; piu'inanent work al'ler shearin,:; rare chance to -.Lea'lv men ; .£1 deno-it. F, . AHUOT'J.', Umpire Hold, Wellington." Accused. had further

admitted that ho had done wroiijf in inserting, this advertisement. Mr. O'Leary (for accuscd), said that according lo a definition in tho Crimes Act, 1908, a false pretencc must have reference either to the present or to the pas', but not to the future. In this the alleged false pretence related to the future. Moreover, the detective who had arrested accused presumed that he (nccused) had no authority for inserting such an advertisement. 'fiic advertisement, however, did not purport that his client did have any. It was'merely iv statement that tho .accused could' Bet work for. '20 shearers. , False pretence coiild' not 1 lie proved until llio men were taken to Jtbunt Gambier and it was shown that accused was unalilo to get them the work to which ho had referred in his advertisement. As to signing another name, that wt.s no oflenceper sc. In fact, it was quite a common tiling for shearers to go under various names. 11l regard to (lie advertisement 'itself, it was merely a preliminary announcement of a business proposition, in- . viting-nion-to disdis-s- the' matter with the nccused. If that was to bo held as "ail attempt to defraud,"' then half tho business men in town were doing tho same thing. For instance, land agents frequently described a pieco of land as being ''slightly undulating,',' "gets the sun all tho year round," etc., and, although they not infrequently ask for a deposit, 110 ono says that they are attempting to defraud. Besides, no sano man would have sent .£1 simply on the strength of that advertisement. In his opinion the detectives had "caught this, man too soon." His Worship said, that, on a commonsenso reading, the advertisement purported that the undersigned had authority to collect shearers. As for 111'. O'Leary's contention that tho "false pretence was a future matter, it all depended oil how one read the advertisement. It, nevertheless, made certain statements which (to shearers, reading, it) would certainly make them think that the person inserting it' had soul's authority to guarantee 7000 sheep per man, and to obtain permanent work.for them.. Tlip evidence was somewhat at variance with a certain admission' made by accused, and his Worship was of opinion that it was a natural conclusion to infer that ho had no guarantee for tho employment ho advertised. Ho did not think it mattered much if he had actuallv obtained any money or not. Concluding, his Worship was proceeding to remark—"the accused must be convicted " Jtr. O'Leary thereupon interposed. Ho stated that so far ho had only submitted facts of law, and had not called any witnesses. With his Worship's permission he then called tho accused, Alexander Garrick Harold. i Examined by 111'. O'Leary, • Harold stated that he had intended lo go to .Australia for the shearing, ile had. been over there last year, and, as he lcn;w the working- conditions there, he determincu" fo endeavour and get some other shearers to go.with him. .He.could easily"haVe found work for tlieiii. When he was leaving Australia last year lo come back to New Zealand, he had talked witli several runhohlers and managers, and they had told him to bring over some good men. As to tho deposit of .CI, he never intended that, it should he paid here, but in Australia, if necessary, ]t was quite common for managers and owners to demand a deposit from shearers, lo ensure (hat they kept their engagement. Cliicf-Detectivo Broberg: Is it true that the shearing does not start till October? Accused: Vt-s, about then. Chief-Delective Brolierg: Why do yon need two and a half months fo get to Mount Gambier? ' Accused replied (hat tliey cbuld get other work before the shearing, commenced, and it would give them lime to look round a bit. When asked why he had admitted he had .done wrong ill his statement, to tho police, accused said thnt he was not sober at. the' lime, and was licrvims over tho arrest. After consideration of the evidence, his Worship ordered.thai the accused lie convicted and discharged. NO. 22 lIAKIOX STBEET. Mr. Hidden, S.M., gave reserved judgment in the case Rex v. Palmer yesterday morning at the Magistrate's Court. Tile defendant, Palmer, who keeps a. billiard saloon in the city, was charged with keeping a common gaming-house Jit No. 22 Marion Street. 11l the course of his judgment, the magistrate dealt, inter alia, with the elements of skill and chance in such games as "draw poker." He entered a conviction against defendant, and imposed a fine of ,£3 and costs. I.cavc to appeal was granted. Mr. A. 1,, llerdmnn whs for ;vccu s ed. Till', T.E CI'KX CASE. Ernest Alfred l.e On was c'ommiited to the Supreme Court for trial on a serious charge. Mr. M \fvers and Mr. Vit;-.-giblion appeared for the accused, and Suh-ln«pei'tur Hlieehan for the prosecution. OTIIEK CASKS. Henry Leonard Press was charged with having' broken into the premises of the Vacuum Oil Company and with having stolen a sum of money in coin and notes amounting to .404 4s. lid., and nn overcoat. Mr. F. O'Leary appeared on behalf of the nctn?ed and Chief Detective Broberg conducted the prosecution. The accused pleaded guilty ami was committed to Hie Supremo' Court for trial. .lulin William, I'ikkon was charged with stealing a suit' of clothe.s and an overcoat valued at £1 the properly of James Evane. He was convicted and

sentenced to two months' imprisonment. ' Thomas Patrick I'ritchard was charged , with assaulting Neil M'Wougall, quartermaster of the s.s. 'Morayshire on July IG. M'Dougall is still in the hospital, but efforts will bo made to secure his evidence as soon as possible. Accused was remanded until then. Mr, C. Coulter appeared for accused. Ada Mabbett, who pleaded guilty lo a charge of stealing various articles of apparel and books to the value of HOs., was ordered to' come up for sentence when called upon. ' John Driscoll charged with helpless insobriety, was remanded, for one week. Pour first offenders, charged with : insobriety, were also dealt with, .