MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2834, 27 July 1916, Page 9

MAGISTRATE'S COURT

ALLEGED INDECENT ASSAULT ' Mr. AV. G. Riddell,' S.M., presided at the Magistrate's Court yesterday. Percy Holt ..ppeared ' to auswer a charge of indecent assault on a girl under the age or lli, it.lielnir alleged that tho assault took place, in the neighbourhood of Talavera Terrace on Wediiesuav. July 11). . Chief Detective Boddam prosecuted and Mr. T. M. Wilford applied for accused. Mr. Wilford said lie proposed to esrablish an alibi. He called Walter Sigh-id Ccderholm, of Ceder* holm and. Sou, of Manners Street, -who detailed his movements, and said that just a few minutes 10.3 o'clock on 'the -my in question he ,vas in tlie long room clearing some electrical goods. He found that lie. hud omitted to bring a document >vliich the landing officer would need He. went back 'to his shoj. and eventually cleared tho goods, whicli he placed mi an express, and, tdKine, a scat on the vehicle, the express was driven round the back streets and entered Manners Street from 'Parish Street, Just previous to pulling up tho express iio saw accused, whom he had known for over two rears. Accused passed quite close. to tho express,- and witness bent down and touched him on. the head, lie and accused just exchanged greetings when (he express stopped. Accused was going in the direction of kia confectionery shop in Manners Street, nearly opposite' Everybody's Theatre. After getting his goods into store, paying ior the cartage, and entering the amount, ho went up to his office. His accountant (a lady) leaves the office at 4 p.m. every day, and not llnding hor then-it he naturally looked at the time, and noted it was seven minutes past the hour. '

Gertrude Margftret -Murray, cousin ol Mrs. Holt, said that she helped in tha confectionery shop. On the day in muostioii she was in the shop with Mrs. TTolt, but the latter went out after making on appointment to meet witness to ga Id tho Record Office. Holt was out at th» 'time, and olio remembered coming into the street and looking up. and down 'or Holt, who returned to the shop before ■( p.m. and relieved her. Hilda Elizabeth Holt, wife of the nc ■sused, ;;avo corroborative evidence. Tho accused'was committed for trial. A second charge of a similar character npoinsfc the .sama accused was allcurd to navo talcen place on January 2N. IDID. Tho Magistrate, after hearing the evidence for the prosecution, it as being went, ami dismissed the information. A. third charge against Holt was withdrawn by the prosecution.

NO JUEISDICTiON. Goorga O'Brien, a young American seaman serving on board the Florence Luckenbach, which recontly arrived from New York, was charged that ou .Tulj' 1!), while- on the High was, he disobeyed tho lawful' commands of the master of the TOSRSI.

Mr. H. F. O'Lcary, who appeared for thu dcfenoe, contended that the Court had no jurisdiction in the matter. Although tho accused pleaded on the previoua day even that did not give the Court jurisdiction. He quoted analogous uses to provo his contention. Neither the British nor the New Zealand shipping laws conferred jurisdiction on (ho toDTt.

Mr. G. G. Watson, for the prosecution, stated that the captain had considerable trouble with the accused on \ho high seas. Ho was put in irons, and the captain relied on the American law, which gave to foreign Courts jurisdiction over its subjects under certain circumstanceß. Tho British Act, Mr. Watson held, gives power to the Court \o try the accused if he, for any timo during tho preceding three month*, had served on a British vessel. Relying on the American law and the British statuto l\p> thought the Court had jurisdiction. Tha accused went into tho witness-box

nud stated that lie was born at Newport News, Virginia, and that prior to joinwg tho Florence Luckenbach he had served on two other American vessels for, a period of about six months. Tho Magistrate concurred with tlio or. I,'iiments advanced by accused's counsel anrl dismissed the .'case, and ordered O'Briea to be placed on 'board tho vessel. . Mr. O'Leary pointed out that the Magistrate could not order the man to be placed on board except oh-ft chargo of desertion. Finally this view, was adopted, and tho man was set frw. OTHER CASUS. For insobriety, Roderick Mathicson and Williiun Murphy were each fined 10s., default being fixed at 48 hours' imprisonment. The authorities at the Ohiro ITomo having agreed to receive Richard Jnines Davis, an old man who has completely lost the use of his legs, tho charge ogainst him of boinc an idle and <lis. orderly person and with having no visible means of support ivas withdrawn, and Davis wm handed over to tho Ohiro Home. REMANDS. Madeline M'Laren was remanded to July 31 on a charge of theft of soods valued at .£3 the property of Edward Emanuel Nordlunt. Arthur Uorham, charged with assaulting Charles Newcll, and causing him actual bodily harm, was further remanded to August 2, the complaiuant being still in the Hospital. Tainira Coote, for alleged theft from the New Zenlander Hotel, was also remanded tn August 2. Joseph Garvor, charged with, tho theft of an overcoat, value 10s. and two pairs ladies' shoes, value Hfls., total .£3 10s., was further remanded. James Joseph Eccles and his w'ifp wera also reminded on a charge of falsely applying to fire extinguishers Uie trademark "Ajax." John Dome, on a charge of indecent nssault on a little girl, at 'Hie Tipper )Tutt, was, «n: the npuliation if Mr. 'IT. y, O'Leary, romaudeiJ lo next 'Wednesday. '■■'~