MAGISTRATE'S COURT

Dominion, Volume 11, Issue 40, 10 November 1917, Page 12

MAGISTRATE'S COURT

EMPLOYING RESERVISTS

CHINESE OPIUM SMOKERS FINED

Mr. S. B. M'Cartiiy, S.M., was on the boEoli at tho Magistrate's Court yesterday.

Messrs. E. Hannah and Co., boot raanu. factitrora, for whom Mr. A. AY. Blair appeared, were charged with employing an unregistered reservist. The facts in the information were admitted. Mr. .Blair explained that Hannah and Co., liko all other employers of labour, were requested to giro preference of employment to returned soldiers. The reservist in question applied to the firm for work, and represented himself as a returned soldier, in consequence of which >>o was given preference, and although lie ivaa not a. competent mau yet he was paM tbe award rate of wages. It was the laod rulo in the factory that tlio factory manager must fully satisfy himself that ii luaii is enrolled when given work It is the duty of the factory accountant to assure himself that the factory manager has carried out his instructions before placing a man'e name on the pay roll. In addition to this, the managing director (Mr. James llnnuah) Visited the factory once u month at least to ascertain that no unregistered reservists were employed. The reservist in question produced his discharge papers and osplained how ho went aw with the Main Body and was in Egypt, where he was in hospital for about three months and then discharged. After tlio man had boon employed in the factory for somo time a police official visited the factory and made inquiries regarding the man. It was afterwards ascertained, that tlio rosorvist had not been a member of the Main Body, but a member oHho crow of one of the transports that took the Main Body to Egypt. The man did fall ill in Egypt, and was discharged and sent back to New Zealand. Ho en. listed with the Ninth Reinforcements, and was with that body until a few days before embarkation, when he was discharged as medically unfit. Ihis discharge was produced. Evidence in support was given by James Hannah and the factory accountant The factory manager who engaged the reservist was now manager of a factory in Sydney, and could not be called. Mr. Blair maintained that every precaution had been taken, and the Hrm honestly believed that the man was a returned soldier and wero not undeceived nntil a few days ago. Tbe Magistrate reserved his decision. SUNDAY TRADING, For Sunday trading William CMHns, Harry Davis, C. H. Gronnsell, and Mrs. E. Wood wero each fined 20s. and costs. OFFENCES BY MOTORISTS. For driving a motor-car on the wrong side of the Hutt Road, Albert Darrell was fined 60s. and costs, and James A. M'Kenna for a similar offence was eunikpredS George Warburton and Samuel C. Pearco were each fined £5 and costs for driving motor-cars at a-speed dangerous to the public. For driving their motor-cars at excessive speed, Charles James Howard, Alfred Henry Lytheer and Arthur Robertson were each fined 40s. ana costs, •Arthur Proctor, for driving his motor, car past a stationary tramcar while passengers were alighting, was fined 40s. and-costs, and Claudo O'Leary for committing a similar offence under extenuating circumstances was convicted and ordered to pay costs. M«"nus, Sanderson, and Co. were convicted and discharged for failing to notify change of ownership of a motorcar. MILITARY PROSECUTIONS. For failing to attend drill, Allan Erskine, a Territorial, was fined Cos. and costs, in default 28 days' military detention. .T. Whittington and R. Whittmgton, similarly charged, were each fined 7s. and costs, with the option of seven days' military detention. William Lewis, for failing to enrol as a reservist, was convicted and discharged. OPIUM SMOKING. Ah Yet for whom Mr. P. J. O'R'egan appeared, pleaded guilty to two charges of smoking opium. Mr. 0 Regan said it was the man's first offence. Ah Yet was fined in and costs. _ Yee Chong appeared to answer four charges, two for smoking opium and two for being in possession of the drug. Mr. O'Regan eaid that the man had been previously before the Court, but he had made great efforts to break himself of the habit of smoking opium, but unfortunately for him opinm was procured for him by an European man and woman. Chong pleaded guilty, and was fined £10, in default two months' imprisonment, and £20 with the alternative of three months' imprisonment. The other two charges were dismissed. FAILING TO CLOSE SHOPS. J. W. Dobson and Robert Willoughby Armit, for failing to close their shops at the appointed hour, were each fined 40s. and costs, in the alternative 14, days' im•prisonment. S. Siegall, for a similar offence, was fined £o and costs, with the option of a month'f imprisonment. MISCELLANEOUS C4SES. Sarah Hickson, licensed registry officekeeper, convicted of demanding greater fees from divert persons than specified in the scale of fees, was fined 20s. and costs, in the- alternative eeven days' imprisonment. On a second change of a similar character she was convicted and discharged. For allowing his employee to work after hours, Ying Lee was convicted, and discharged. % John. James Adams, for being in possession of an unregistered dog, was'fined 20s. and costs. A taxi-driver named Arthur Horner was fined 40s. and costs for charging a passenger more than the leijal fare. For'a breach of the sanitary by-laws, Edmund Platt was fined 20s. and coste, and for a similar offence John Green whs fined 60s. and costs. WANDERING STOCK. The following were penalised in the sums mentioned for allowing stock to wander:—Charles Baylise, fined £5 and costs; Albert Gooch, 20s. and coste; Elizabeth A. Hampton, 7s. costs only; and Glen Williams, 2fls. and costs. POLICE CASES. Ballone Govino, a seaman on board the ferry steamer Duchess, pleaded guilty fo tho theft oE pajnt valued at Jei, the property of. the_ Eastbourne Borough Council, and Louis Dellabasca pleaded guilty to receiving the paint. Mr. Douglas Jackson appeared for the accused, and explained that this wae their first offence. They /were each fined 505., with the option of serving 21 days in gaol. A Tcmand for a week was granted in tho case in which Henry Marsh, a soldier, was charged , that at Masterton on September 2i, with intent to defraud, he did obtain from Ellen Judd the sum of £6 10s., by falsoly representing that he had nloney in the Bank of Australasia, Eltham, by giving a cheque for ,£li 10s. on that bank. For ' insobriety, William Patrick Leo •waa fined 2te., in default 48 hours' imprisonment, mill wns ordered fo pay medical expenses, 17s. lid., with the option of serving seven days in gaol. Kathleen van Cant, -who was found helplessly drunk on the main road at Lansdowne, was fined 205., in default 48 hours' sei* vico in caol, and was ordered to pay 28s. fid. medical expenses, tho option being It ; days' imprisonment. Two first offenders were fined 10s. each, with tho notion of 24 hours' imprisonment, and a thiTd was fined 209., in default 48 horns , imprisonment. A soldier offender was ordered to bo handed ovor to tho military authorities.