MAGISTRATE'S COURT

Dominion, Volume 11, Issue 211, 25 May 1918, Page 12

MAGISTRATE'S COURT

POLICE AND liY-LAW. CASES. Air. L. U. Keid, S.M., presided at the Magistrate's Court yesterday, and dealt with the police and by-law cases. I'or insobriety, Myra Donaldson, against whom there were two previous convictions, was lined ifls., in default seven days' imprisonment, and a prohibition order was issued against her, to be in forco for a period of twelve months; William Woods and George Farrell were each fined 10s., iu the alternative three days' imprisonment. Two first offenders, who failed to appear, wero each lined 10s., the amount of tho bail.

Jfury ltoss was charged that, about April G, at Porirua, she did steal one ring, two sheets, ouo quilt, tlireo towels, and one pillow-slip, valued at £i 11s. Gd., the property 01 David Prosser. The defendant, through her solicitor, Mr. P. J. O'Eegan, pleaded guilty. Sub-Ivtspic-tor Emerson stated that the whole of tho goods except the pillow-slip had been recovered. Mr. O'Regan, on behalf of the defendant, snid that she- was a married woman who had been deserted by her husband. She had two children, whom she maintained out of her own earnings. She had given way to a sudden impulse, which was regrettable. She had never previously been before the Court, and he suggested that she should bo convicted and ordered lo come up for sentence when called upon. The Magistrate adopted counsel's suggestion, and besides convicting and oruuring her to come up for sentence when called upon he oruered her to pay tho vuluo of tho missing articlo and also to pay expenses.

I'or assaulting Julius Ziiickur, a man named Bartholomew Mahonoy was fined !ios., in default seven days' imprisonment, and for resisting Constable Goulding while in the execution of his duly ho was tiued a further 2Us., in default seven days' imprisonment, tho terms to be cumulative. For boing found drunk, Morion Pago was convicted and discharged; for using obscenu language in Courtenay Place he was lined 00s., with the option of fourteen duys' imprisonment, and for damaging a constable's helmet hu was convicted and ordered to pay 11s. od. or serve three days in gaol. I William Gordon, convicted of stealing ! tinibur valued nt 45., the property ol ! I'letcher llros., was tnied Jfls., tho alternative being fourteen duys' imprisonment. A youth wits convicted and ordered to uoiuo up for sentouco when called upon for stealing im. of silver, valued at )Bs. The accused was employed by a. jeweller, and wishing to raiso a few sLilling.s stolo tho silver, and offered it, unfortunately for himself, to Plain-clothes Constable Black, whom Ho mistook for a plumber. Mr. O'Lenry, who appeared for accused, said that In'o youth's employer was willing to tuko him back. This was tho lad's Unit, lapse. Arthur Edward Grigs was charged with committing a breach of the Licensing Act in carrying beer to Wellington South without notifying tho authorities, and l''ranci's M'Parland was similarly charged. Mr. J. J. M'Grath, who 'appeared for both defendants, explained tho'circumstances under whicn tho breach occurred. Grig;? was lined 20a., und ordered to pay costs, 75., and M'Parland was lined 10s. and ordered to pay costs, 7s.

i'or failing to register under the Aliens Act, Carl Wilhelm Gustafsen was fined Site., with costs 7s. Elizabeth Mouten was charged with committing a breach of tho lntuuts Act in boarding a child for reward without being registered as required by the Act. Air.' H. V. O'Lenry, who appeared for tho defendant, entered a plea of guilty, and said tho woman erred in ignorance. She was under the impression that it was only in tho case of an illegitimatechild that registration was necessary. Tho child that defendant had in her poiisossiou belonged to a married couple, and was well cared i'or. The Magistrate convicted tho defendant, and ordered her to come up for sentence when called upon. Edith Annie Harris, similarly charged, was convicted and discharged, as in , her case she was merely looking after tho child, and was not receiving any payment. Jack Dowsen, convicted of boarding >i tramcar while in motion, was fined 10s. and costs 75., in default three days' imprisonment, Bonjamin Bailey, ior whom Mr. H. F. O'Leary appeared, was convicted of assaulting William Ernest Clarke, and was fined 205., and ordered to pay 21s. costs, iu default seven days' imprisonment. For allowing stock to wander, Joseph Taylor was lined 20s. and costs; Charles Gadd, 10s. and costs; and Tolene Aloore ss. and costs. V. AV. Bavrlinson, Inspector under tho Health Department, proceeded against J. Bertram, farmer, who has a dairy farm at Makara, for selling milk deficient in butter-fat, tho analysis showing that Iho proportion was only 2,80 per cent, iustead of 3.25. Air. Myers, who appeared for the defendant, pointed out that when the sample was taken the milk was not the property of tjie defendant, but belonged to the Wellington Dairy Farmers' Association. His second point was that Kiovers, who carted tho milk, was not the agent, nor was he employed by the defendant, and, further, that it was a wholesale sale, nnd, therefore, a propor samplo was not obtained for the purpose of initiating a prosecution. Mr. J. Prendevilfe, who appeared for tho prosecution, contended that the difficulty could be overcome by amending the information. Mr. Myers said that would not affect the position, as tho sample taken was not a composite sample. A sample should have been taken from each can and tho average analysis taken. The Magistrate upheld the contention of Mr. Myers, and dismissed the information.