MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 2111, 31 March 1914, Page 9

MAGISTRATE'S COURT.

CABS FOR ARREST.

DRUNK MEN & UPHOLSTERY,

An interesting case was heard by Sir. P- G, A. Cooper, SM-, at the Magistrate's Court yesterday, when Gcorgo Saddle, a taxi-c-ah driver, was charged jvitb having refused to convey a jwlicc coiista.Lle and prisoner to tho Lnmbton Quay Police Station, when requested to (toso by the officer. 'ille mfpnnstkm was laid muter Bylaw No. '673, of tlw Wellington City Council By-laws, which stated: "No driver or esnduotor of any licensed ve- j hide siiajl refuse or delay to admit .or j carry in or by his vehicle , . . persons J : • • unless (iii the case of licensed hack- ] rosy carriages or' licensed georis carts, or , licensed expresses) tho vehicle shall have been, already hired (the proof 1 whereof shall be upon the driver), or ( such driver of conductor shall bo -other- < wise excused by any of tho provisions j of these by-laws." Mr. 15. Si. Becchcy conducted the ease- ( for the 'Wellington City Council, who pro- i seculeel, and Sir, Ji '£. Fitzgibboi! ap- ■ pßared for the defendant, wlio pleaded j uat guilty. ■ . ) After going over the facts of the case, j Mr, Beceliey sfevte<l that nnd.er ;By4ttW 1 ■6i19, a driver of a licensed vnhfcle could j ordinarily refuse to carry a pei'soft wli» ■ was noisily conducting himself) twt- ; epuld Hot refuse in eases where the destination was a pUiicj? station, and tho circumstances constituted an arrest. ; Police Constable Henry Cowe stated : tfeat he arrested nit intoxicated man in i Customlieuso Quay 011 Slarcli 14, and ■escorted him to the Fcathersitfii Street taxi-stand. Be asked defendant Whether }je was engaged, and defendant roJjlied, directing witness to take his prisftter in another cab. Witness then asked why , the driver -would ivat take tho prisoner, and the Jattef retorted, "I iito not Eigiing te take him to tbo station for !Jg,, and chance- losing, a. good jok" . AVitaess then secured the- services of another iaxi-cak The- prisoner was neither; violent nor quarrelsome , To Mr, Pfegflbbon"; Witness reported the .'matter to Sergeant Honery, *vta> interviewed the driver Waddle. Waddte'told. the sergeant that he "wit-s.fiot going to carry a drunken man." It was not true tfai defendant had j>ram,Ue& to get another car; lie had siviv ply said "Get another fcar," • Sergeant Jnntes Hewoy stated thai he faijd utter viewed Waddle. . Tho la t> ter had stated that his reason for iiot : taking the constable! and prisoner te the station was the man's e&mlitlon. .; In opening the defence* Mr. FitzgibbOij said that the case was one of importaitce te taxi-cafe drivers in Welling-' ton. and it was , for that reason that it was defended. His first point was that a, similar case came before Sir. Cntton, SiM..,.,at Aueldiuid, last month, attdHis Worship, in the course of a considered liidlJ.nj.ent, dvsiniesed tlw iwforasation. in, doing Sβ, Mr. €uttcft tad remarked that it was the fluty of tho loep, Ejis carriage, clean, and it was Ijupassible te do so if he-.lwd to cawy iniosicate'd porsons. fo tlife tssi-cab drivers fc whole paint was on. the is,sue of licenses,. and that dorj&ndecl ©n itrfr factors. . i Fir.sMy, aft app.!iea«t> bo a I .eagabte and skilled drive*; seeowdly, tfo sab tawst be- cieaii and in goad -condition. Bia oHen.tfs car hap'tiencd , to ibe a olase.cl me, and was upliolstecd iU linen, whicli cs-uld easily bo damaged. . Most of the ether cars were rjphptstoed in leather, vtl&h could easily tje deaiwd. He submHted that if Hie p<?Kce constable had 'exercised- ' alittle more tact, and hai. takett aftother Oar; , #iwe would have fiot bfeeii any. trouble; ' ' '. • Jam-As Alexander Waddle tliftn went Wo- tile box, H[t fitate.d that the - coiistable •:. approached . biiri , ..aii.d. said- "Is this your, bar?" Witness replied, "Yes." Witness ften said, '"Yon. are not going to teke that man toenTiing the prissiwiT) m tlKire. a-ro ,vau ; ?" The. ■coh.sfaibje rAplied "Yes, V! "Witness SaM, "Wottld you ttiiijd .goiftfi dosvii.-at the back, afld g*tout- of tfee ijtiter oars?" The constable then said': "Do yoTi. absolutely .. wfuse to .drive-; • mo?" Witne-gs re-, plied, "I don't refuse k> drive yen, but t'ro-.'irot iSOinE to tako you in this oar if 1 <mn jidp. it." .The constttWe replied, "Tou will hoar hior& about this." Witness went ~o.n. to say that, it Was held amongst tho Inxi-csb drivers, that 41ily cabs -vyltSi leather . ujibolstery should do police work. Mr. Becirhoy • Sew long is ii> eince you ffisre convicted for a breach af a by-law ? 'Witness {oftor miidt hesitation); Is that in. eomicction with this case ? 1 Mr. Becshoy:Ng. Aftef-«oino minutes bad lapsed, :llr, Bpeelwy again said:' Will you tall Hie Worship when you were last- convioied? Witness; A&vjt two weeks ago, .Hr. Bcecliey:' Havo you been previously cenvieted? AVifcness adaittßd that- ho liad been convicted for minor breaches of bj^kuve, Ceiitinuing, he deiiiei ih(it be had said . thai lie...was .not gouig to tab© tie eonstaile to the polio© station for 25., anil 1 thifs ehafice Josinsj a good job. I'rfo other t,a,M-cab drivers gave evidence. ' , 1 The Magistrate isfißosed a fine ot Isi, ] ~ laud costs 7a. . ' ' ■ SEBIQUS C'HAKGE; 2 -Albert Oarnaby and ..'William Farker, employed on tlte Harbour Board dredge, were jointly charged with having inde* cejitly assaulted a woman.. Both \vere. ■remand-od until to-Aiorrow Morning. My: H. I\ o'Lea.ry, who appeared for the accused, asked for ■ bail, which was granted in the sum of £2-5 each, . L'NATJI'HORISBD SLEEPING PUCE. A man lmmed Abraham Turaser, aged •51 :rears, ptedsd guilty te a charge of having been found en a dwelling-Sou so ai 'night, without fanful tneajis-or cx- , • cuso. Inspector H«ndrey stated that the ' accused, wh-o was a hard-working mail" from ttie country, had been. found sleeping in a house., which bad .recently been partly destroyed by fire, Accused was convicted and discharged. MISCELLANEOUS CASES. Charles Gharlwood, a native of New South Wales, was remanded -antil April' C on » charge of having stolen loewt, of copper and a drum of few , ) valued at £30 65., the property of the Westport C'oa! Company. The accused, who "was * represented by Mr, H. F. O'Leary, was granted bail in the slim of £.25. Ffitz MerXi a GerJcan, was fitted 10S;, and costs 45., for creating a breach or : _ tho peace. ' Thomas M'Oorfflack pleaded guilty to the following charges".—(l) CJommittiag an ob-jeqtiaHaljle act; (2) assaulting a police constable; (3) resisting a police cQustabte, and (4) damaging; ' a-'- eonstable's uniform, valued at £2 13s. Cd. On tlie first count lie was fined £2, and fof tho second and third offences, which wore taken'as one, lie was fined £1. On tlits fourth charge lie was ordered to itiako gaod the damage done. . For three breaches of a prohibition ovder, George Hastings was fuiad $3, and costs Si's., in default. 21 days' i?iprisousieut. For α-nalagous offences Harry Ssvanson and Mary Sprowell were each fined £1.

I'iiiGS of 10s. each were imposed upon Thomas Cartwright ami Percy UiHs, wlio pleaded guilty to charges of being found on licensed promises after hours. For insobriety, Thomas .Nowtoil Witliers was fined £1: For similar offences, Elizabeth' Musgrove, William Boict, Guy Cockbnrn, and Michaol J. MulhaHattd wore ftflsd 10s. «ach. Sis' first offenders were leniently dealt %vitb,. Susaa M'lijiigJiUa was fined £2 lor

lUiilimf! usn of certain language, niffl £1 for importuning. Tlio default was fists! at t«;o weeks, and fine month's imprisontiK'ut respectively.

For being an idle and 'disorderly person, James 31'KoL'vor was scjst to guel i'or mis month.

Richard Lynch appeared for sentence oh a charjjo of being found in a state of helpless drunkenness. He was cou» vieicd awl discharged, and ordered to pay modioli! expenses Amounting to .£3 ,17s. Gd.

Henry Edwards, who Was deemed to bu a 'liaisiintil drunkard, was ordered to he placed in the Roto Roa Inebriates' Heme for twelve months,