MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2530, 3 August 1915, Page 9

MAGISTRATE'S COURT

UNUSUAL CASE OF THEFT

Unusual circumstances centred round tho charge of theft preferred against a .young man named Eugeno Francis M'Carthy in tlio Magistrate's Court yesterday. M'Carthy was charged with stealing a collection of cutlery and three rugs, valued at £8 3s. Gd., tho property of some person unknown. Mr. IJ.1 J . W. Jackson appeared for accused, while Inspector Hondrey prosecuted. Tlio evidence given by Constable Marks, who arrested accused, was that lie saw M'Carthy in Willis Street at about 11 p.m. on July 2d last. M'Carthy then had two rugs on his arm, and was in t)ie act of putting a knife in his pocket-. Constable Marks'questioned him, and the answers being unsatisfactory, M'Carthy was taken to the police station. On being 'searched, M'Carthy's coat and trouser pockets disgorged twelve elaborately-mounted forks and forty-seven knives of various descriptions. Wrapped round M'Carthy's body in kilt fashion was a-third rug. When further questioned. M'Carthy said that he had bought all the property from a man in the bar of an hotel, the name of which he did not know. Efforts had since been mado to ascertain how accused became possessed of the property, but these inquiries had been unsuccessful.

Accused's story was that lie had bought the property off a man named Johnson in what he now knew to be tho Royal Hotel. He said ho had invited Johnson to have a drink, and it was during a conversation which followed that Johnson had offered to sell tho cutlery, and, later, the nigs. Johnson said he had bought them at a Belgian auction: M'Carthy said he had had a number of drinks that day. Ho had stored all the cutlery in his pockets, and had carried the articles about from 2 'or 3 o'clock in the afternoon until the evening. . Mr. Jackson submitted that there was no evidence that the articles were stolen, and that therefore accused could not be convicted. Tlie Magistrate, Mr. •D. G. A. Cooper, S.M., said ho was sorry, but that he must convict accused.

Mr. Jackson intimated that in that case he intended to appeal on a point of law. _ His Worship gave leave to appeal and fixed the security for same at £8 Bs. For the theft, he fined accused £3 in default ono month's imprisonment. TROUBLESOME FIREMEN.

Three firemen off the steamer Port Phillip, named Albert Byarnstedt, Emil Sommer, aud John Chas. Mantle, were each charged with disobeying the commands of tbo master of the vessel and Using obscene language. On behalf of the captain, Mr. T. Young explained that the three men had become dissatisfied with the conditions under which they worked, and just prior to the departure of the Port Phillip they had created a disturbance, disobeyed orders, aud threatened. to throw the captain overboard. The men had to bo signed off. and the vessel sailed without them. In consequence of the fact.tliat the vessel had sailed, Mr. Young said ho had no evidence to offer in respect to tho first charge, and asked that it be withdrawn. He asked for a substantial penalty iu respect to tho other charge. Each accused was fined £3, with costs 75., in default one month's imprisonment. OTHER CASES. ■ A fine of £3, with costs '305., was imposed on Elizabeth M'Callum, who was charged with using obscene language. Tho default was fixed at one month's imprisonment. ■ Frederick Williams was fined 10s., in default forty-eight hours', imprisonment, for drunkenness, and £2, or sevdn days' imprisonment, for indecency. For. indecency, Frederick Henry Burtoil was fined 405., in default seven days' imprisonment. Charged with drunkenness, Mary Snrowell was fined £2, with expenses 17s. 6d., in default seven days' imprisonment ; May Gibbons was fined £3, with tho option of fourteen days' detention: Rugeno Sunstrom, Patrick Hogan, and Michael Driscoll were each fined 10s., in default forty-eight hours' imprisonment. Six first-offending inebriates were dealt with. \ MAINTENANCE CASES. _ The following- were dealt with as mentioned for disobeying maintenance orders:—Sarah Burton, .sentenced to seven days' imprisonment; warrant .to bo suspended on the -payment of ss. a week; Kathleen Mary Mridigan, sentenced to three days' imprisonment, warrant' to bo suspended on tlie payment of ss. weekly (arrears of the order reduced from £5 ss. to £2 55.); Percy Wild, eight days' .imprisonment, or payment of 10s. weekly. Ned Phelps was ordered ; to pay 6s. per week for tho maintenance of each of. liis four children.

Agnes Wr'gl't Learmouth applied for the variation of a maintenance order against hor. The order was cancelled on condition arrears were paid. A similar' application was made by May Anderson, and the arrears of the order were reduced to £5.

Jane Hayvice. applied for a separation order against her husband, Joseph Hayvice, on the grounds of failure to maintain. Mr. P. W. Jackson appeared for complainant. Tho application was granted.