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THE COURTS-TO-DAY

CITY POLICE COURT

(Before J. R. Bartholomew. Esq., S.M.I

Drunken Offences.—A first offender was fined 7s, in default 24 hours: four first of* fenders, who failed to appear, were each fined 10s, in default 48 hours, and John David Conway, who had been once previous! v convicted within six months, was similarly dealt with

Remanded.—John Oporgo Kennedy was charged with having on or about 7th November. at Gladstone, near Invercargill, stolen £l2, the property of Robert Holliday.—Chief •detective Herbert explained that accused was arrested on Saturday night on arrival of the train by Detectives Connelly and- Hammerly. The offence was alleged to have h:en committed at Invercargill. and a remand was desired to that town or. Friday.—Mr Irwin, who appeared for accused, said he understood that it was an isolated ease. It was not a f|uestion of a scries of offences, and he asked for bail, —Chief-detective Herbert said h-e thought the bail usual in such cases would be sufficient.—Bail was fixed, accused in £SO, and two sureties of £25 or one of £SO.

Cnsc for the Supremo Court.—Edward Kelly win; charged with having failed to comply with tho terms of his release on probation.—Senior-sergeant Dart said that accused was admitted to probation on tho llth August, he having to fulfil certain obligations, which ho had not done. It would ho nc. cssai y to have tho evidence of the probation officer from Gore, o that he would ask for a remand for a week. Probably by that time some arrangement would ho niado to bring him before tho Supremo Court, where, ho had Keen admitted to probation.—Tho Magistrate said that as the Supreme Court was sitting it would he better to have him taken directly before that Court.—Tho Senior(sergeant said that accused would bo handed over to the gaoler

Maintenance.—Mary Ann Charlotte Morton applied for a reparation aud maintenance order against her husband Willi no Crawford Merton.—Mr Bedford appeared for complainant, Mr B. S. Irwin for defendant —After hearing evidence. His Worship intimated that he would make separation, maintenance, and guardianship orders. Defendant would bo ordered to pay 25s per week maintenance, and professional costs (£1 Is) would bo allowed. His Worship remarked that the allegations of habitual drunkenness and cruelty had hardly been made out. With regard to providing maintenance for his wife and children, defendant had not done this, or prop-’rlv endeavored to do so. The complainant wan entitled to the separation order, and he would also make a guaidianshin order in her favor.

Ordered to Come tip for Sentence.— George Owen Jackson appeared on remand charged on two informations with having o.i the 3rd and 4th November wilfully done a grossly indecent act in a public'place, to wit, the Town Belt.—Mr Hanlon appeared for accused, who pleaded not gniltv. —Sonior-scrgoant Dart briefly outlined the facts.—Mr Hanlon said that after having heard the senior sergeant’s statement ho was prepared to admit those facts.—Tho Magistrate: Decs that involve a plea of guilty.—Mr Hanlon ; No. I say that under the section it does not. Your Worship may take a different view.—The Magistrate: I think I had Hotter hear the evidence.—■ After hearing Constable Macartney, the Magistrate intimated that he had” heard sufficient evidence.—Mr Hanlon said that accused wac charged under the latter part of section 41 of tho Police Offences Act with having done wilfully an indecent act. Wilfully implied wilh indecent intention, and counsel submitted that accused had no intention of offending passers-by at nil. It was a very unfortunato case. Tim young fellow had been here all his life, had taken a keen interest in ambulance work. and had lived a highly respectable life, and appeared to be of thoroughly good character. Some time ago lie was attended hy Dr Newlands for pleurisy and congestion of the lungs' and had been in a very had way indeed, and had not completely recovered from tho illness when the act was committed. It was not a rase where a young fellow did a certain thing with intent to offend passers-by. There was no desire on his part to offend anybody at all. He stood charged with tho olfctico not as tho result of malicious intention, not as a criminal act. but as a person who had been weakened by an illness, anti had performed an act which he had been scon performing without any desire to offend anyone.—Dr Newlands gave evidence as to having attended accused for pleurisy and congestion of the lungs, and described the effect it had had <m his health. Before the illness he had been an alert voting fellow.—Joseph. E.. Bone and Alfred Byrne both teatilied as to accused's excellent char-acter.—'Senior-sergeant Dart said ha was prepared to admit that tho man had had an irreproachable character.—The Magistrate said that it was an exceptional case, .but there must ho a convict inn, either under tho first part or the latter pint of the section. It was a peculiar case, where a young man who had always borne an irreproachable charm ter had contracted an illness. The public interest did mot require any penalty exacted. It would bo sufficient if accused were convicted on one charge mid ordered to come up for sentence when called upon any time within 13 months.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ESD19141109.2.41

Bibliographic details

THE COURTS-TO-DAY, Issue 15645, 9 November 1914

Word Count
876

THE COURTS-TO-DAY Issue 15645, 9 November 1914

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