MAGISTRATE'S COURT.

Hawke's Bay Tribune, Volume II, Issue 18, 4 January 1912, Page 6

MAGISTRATE'S COURT.

NAPIER. i (Before Mr. J. Sandtmann. J.P.) I IDLE AND DISORDERLY. George Cowan on the 3rd January, S 1912. at Napier, was charged with ! being an idle and disorderly person i having insufficient lawful means of I support. i The accused pleaded not guilty. i Detective Sergeant Cassels deposj ed that the accused had been knock- ■ ing about town for the past three or ! four weeks and during that time he i had done no work. He had warned 1 him to clear out but the accused had 1 not done so. On New Year's morning at about 6 o’clock the accused * was caught in the act of garotting a > men near the Provincial Hotel. On being interrupted (the victim being by this time black in the face) the 1 ae< used ‘ said that if the man who 1 had so opportunely come on the i scene, had kept away he would have ; Lad a "few quid.” The man who : was knocked down and ill-treated in this manner cannot be found or a more serious charge would have been preferred against the accused. On attempting to arrest the accused he struck at me.

The accused said that if given a chance he would leave the town immediately. Detective-Sergeant Cassell said that he always gave men of the accused’s stamp a chance to clear out but in this case Cowan had not availed himself of it. The detective then produced a long list of previous '••mictions against the accused. Constable Hendry gave evidence. He deposed that he knew the acaceused and had seen him knocking about town for the past three or four weeks. A week ago he had warned him to look out. He had stopped a man who was passing by with a young lady and demanded money. On not receiving it he struck the man a violent blow. There had been several complaints against him for cadging and making himself a general nuisance.

His Worship said he did nat think this man should be given a chance. Since March last there were no fewer than three convictions against him. He did not think that the festive season would account for the delinquency. He would sentence him to two months’ imprisonment with hard Inborn-.

ALLEGED THEFT. Kauru Martin was charged with stealing £26 in money on 2nd January. 1912. from the dwelling house of Frances Amy Liinbrick. The accused was remanded until Tuesday. Bail was allowed himself £•5O ami another suretv of £5O. i A DANGEROUS’ MAN. Janies Moore was charged with i being an habitual inebriate within i the meaning of The Reformatory j Institutions Act, 1909. The accused pleaded guilty. His Worship pointed out that he had no jurisdiction without the written statement of two doctors who had examined the accused. The wife of the accused asked that j a prohibition order be taken out J ainst him and she would be peri fectly satisfied. ; The defendant agreed to this. He •aid that it was only when he was Irinking that he was not respon-1 sible for his actions. If this were i lone he could get work in two hours. Alice Sarah Moore, wife of the defendant, deposed that she had been

■ married five years, and lived wit! her parents in Faraday street. Siner they had been married the accused bad been drinking heavily. He had had two prohibition orders issued against him, but they were of no use. He bad been convicted three times for breaches of the orders, the last time being only a month ago. Since last Saturday week the accused had been continually drunk. It was not the amount he took but the fact that he could only stand a couple cf drinks. During the five and a-half .’•ears they had been married the accused had been drunk every Saturday night. He did not spend much of his money. The accused had threatened many times during the past three years to shoot her. On Boxing Day. at Te Mata, the defendant had threatened to shoot her. At bar parents’ place the defendant had caii'fd a disturbance. The revolver produced was obtained by witness from a young man named Leo Sim. Leo Sim. a clerk in the Railway Department. Napier, deposed that he did not know the defendant. He first met Mrs. Moore at about 5.30 on the 3rd inst. The defendant was then drunk. In Faraday street the defendant asked witness for a pen, knife in order to extract a bullet from his revolver. Witness asked to be allowed to look at the revolver. It then appeared to be loaded. On obtaining the weapon witness asked him what right he had with it. The accused replied that he had had it for six years. Witness said it was quite new. and refused to give it back to him. The accused then attempted to obtain possession of the revolver and seeing it was no use asked him to take it to his wife. They went to the back door of the house. As soon as they got there defendant said : “I'm a better man than you : I will murder you, you b- b- They then struggled together for a few minutes. Witness got free, went to the front of the house and showed a woman who was looking out of the window the revolver. She came out and he gave her th-’ revolver. On taking it she said that tips was th? revolver with which he intended to shoot her. He then went away. The accused on being asked if he had any questions said that he did n<-*. remember seeing the accused. Constable Hainsworth deposed tbt’.t a? 2.3 > yesterday afternoon he arrested the accused on warrant. Witness found him sleeping in the gra-s alongside the railway line near Faraday street. He was then in a silly state through drink. On searching him witness found a razor. The d'fendant said he would be all right if it were not for the drink. This d< o d the evidence. His Wcr-h'p said tiiat the man was dang. "< ’j- (i;Hr io himself or to other people. He had evidently been cont- ••:pl?.t:ter t'.i’rchief. He was re-

manded until 4 o’clock this afternoon. during which time he will be examined by two doctors with a view to his commital to a suitable home. ASSAULT. Allan Charles Dunn was charged with assaulting Edwin James Harmer on 3Uth December, 1911. The defendant pleaded guilty. Sergeant Cummings briefly staterl the facts of the case. He said that on New Year’s Eve, the accused, who was a keen Scotchman, celebrated the occasion too freely. He. while in a drunken state, broke a bottle of beer over a horse’s head. A row ensued and Dunn was arrested by Constable Hendry. He was put into a cab and while doing so another man interfered. The constable got down to arrest this man. and Dunn, attempting to get away, tripped somehow on the curtain of the cab and fell forward onto liis 'ace sustaining slight concussion. e was removed to the Napier Hosni. The accused was a very respectable young man and held a high position in business in Xapier. Convicted and fined 40 - and costs S 3 1 1-, in default seven day’s imprisonment.