MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume III, Issue 312, 23 December 1913, Page 2

MAGISTRATE’S COURT.

NAPIER. Before Mr. S. ~MeCarthy S.M.. .MONDAY DECEMBER 22nd. George Henr.v Timms, for disobeying a maintainance order in respect to his child, an inmate of an Industrial school, was sentenced to three months imprisonment, no warrant to issue until applied for. TERRITORIALS IN TROUBLE. For failing to render persona] service. the following territorials were mulcted in fines. —Bruce A. McKay, 40 - fine and 2- cost of court in default i 4 days military detention : Andrew Martin was fined £3 and 7 - costs in default 21 days military detent it.n : Tom Record Slade was convicted and fined 20 - and costs in default < t attachment order against liis employer to undergo 7 days detention. James Downing who was represented by Mr. Dolan, pleaded guilty to a charge, oi wrongfully damaging a rifle to the ext ent of 25 -. Dei cudant was convicted and fined 30 -. and ordered to pay costs amounting SUNDAY CRICKET. Arthur Chambers, William AleLean. Herbert Haste, Charles Mills. YVesley Cameron, Percy Exeter. Sydney Franklin and Hugh .Murdock were all charged with taking ; part in a game of cricket on the Recreation ground, Napier, on Sunday, December 7th. A plea of guilty was (entered by each boy. ! Sergeant Cummings said that or: the face cf the information the offence might appear trivial, but. the position was that for some considerable time past complaints had beer made by the residents in the vicinitj about the unnecessary noise and the j language used. The police and the I caretaker had spoken to these boy: ■as well as others about playing o. ■ the Recreation ground and thougi j special precautions wore taken i I keep the boys out they still got ino • the reserve, damaged iue crick;* i pitches, "broke the windows j ithe pavilion and in some cases th: ■nets were taken away and used ic* i fishing purposes in the river. Al. ;the boys then before the court in.: ’the exception of Murdock had bet : v amed bat tlie wurmi-g was ii(iheeded. ‘’'Tilings have come i

.such to a pass” concluded the Se: Igeant, ‘‘that they coak! not be colc-r i atari any longer.” I His AVorship addressed the boys ! and pointed out to them that if the;. ! could not obey the commands o I their parents er anyone else they ; would have to be taught io obey th; i law. Each defendant, with the ex ; caption of Murdock who would be ■ convicted and discharged, would be convicted and fined 10.'- and alloweo 14 days in which to pay the fine.

% DPtUNKENNESS. George Emmett for being drunk whilst in charge of a horse and ex press was fined 40/- and 7/- costs in default 7 days imprisonment. Drunkenness and procuring liquor during the currency of a prohibition brder were the charges preterreo against Frank Sutherland, to both, of which he pleaded guilty. In giving his decision His AVorship saici that he would give accused a chance this time but if he* came before the Court again he would be sentence:, to imprisonment. Sutherland would be convicted and ordered to eorne up for sentence when called on. One first offender was convicted and fined 20/- with 2/- costs or the alternative of 48 hours imprisonment.

TRUANCY. Chai les Trickiebank for failing to send his children to school was fined 10 - and costs 7 -. HASTINGS. (Before Mr. S. E. McCarthy. S.M.) MONDAY, DECEMBER 22. THEFT. A lad. aged about 12 years, charged with stealing 5 6. the property of Joe Tvs. was lemandvd until .Jami ary 30th. 1914.

Joseph Lcatham. charged with stealing a toilet set valued at 10 . the property of Emily Schaeffer, pleaded not guilty, saying that he was given the articles to take care of. Det< ctive Butler stated that on Saturday last Mrs. Schaeffer purchased a toilet set and placed it in a trap at the rear of White’s blacksmithy, from where ft subsequently disap peared. From inquiries made, it was ascertained that accused had endea voured to pawn the toilet set at John Bee’s and G. Bell's second hand, shops. He was unsuccessful at.both places and left the articles at Bell’s, saying he would call again for them, but did not do so. When arrested accused said he did not know any thing about the set and had not offered it for sale. Accused was lock ed up and the next morning he sa: i -he obtained the set from a man nam ed Rush. Evidence bearing out the detec ’five’s statement was given by Emily I Schaeffer. T. Wells. John Bee. Geo. ’Bell and Detective Butler. Accused made a statement on oath ;tc the effect that a man named Rush, who said he was not on good terms i with John Bee. asked l.ini to take the | set to Bee to see if he would buy it. J Leathain denied a number of pre I vious convictions for theft and ivagiancy and was ordered to stand down in order to give the pro’-ccu tion an opportunity «.f r/io- iug the list. ; FORGING AND UTTERING. I A Native named Hare Pntihat-a ; was charged on remand with fe.iging a document purporting to be a cheque drawn by W. Fuming on the Bank of New Zealand in favour William Clark for £1? 3 . and utter ing it to William Graham. Detect iv-? Butler prosecut ed and Mr. E. J. V- . * Hallett representer! accused. ‘ William J. Graham. stal>leke<:.p .-r. : stated that accused came to Ins ; stable at about io.2u on the night of | sth December, and said he wanted motor car to go to Kchupatrki. He said he had come from Waipawa in a car. He asked Low much the charge would be to Kohupatiki, and

witness replied that it would be 15'-. Accused handed him the cheque (pro duced) signed by “AV. Fleming” :n favour of W. Clark for £lB 3 . Witness asked accused if the ‘W. Fleming” referred to Fleming, of Waipukurau. Accused said it did and the cheque was wages for wool pressing. Gave accused £2 15 . ami was to have given him the balance the next morning. Accused went away in a car. The cheque was paid into the firm’s account and was returned marked “No account. ”

YA illiam G. Stables, groom, in the employ of Graham and Gebbie. gave evidence that accused ordered a niotoi ear from him. and save his name as “Clark."

AA . J. Gebbie. st ablekeeper. stated that on the morning <>f December 9th accused came im ( > IPs stables and asked for some money which he sai l had been held In (he ■“boss” from the previous night. \A . Stables then handed witness a cheque and a card on which it was stated tint accused had received change .-md 15 was to be deducted fe.r v!! hire. Ac fused was to he paid the balance. Gate him all the money there was in the safe. £ll. ;>ml accused said he would return for the baluice. £3 13 a little later cm. He did not return.

Charles Gordon Stuart.,, ledgerkeeper at tlte Bank of New Zealand. Hastings, deposed that the cheque was returned “no account.” The chfqut* (protttieed) was taken from the cheque book issued by witness’ bank to Hugh McKee on October 28th last.

To Mr. Hallett ; Did not issue the book himself, and did not speak from his own knowledge. He spoke from what he looked up himself in the special book kept which showed the opening and closing numbers of all .■heque books issued to clients.

To His AVorship : It would be impossible that the bank would issue wo cheques of the same number to any part of the Dominion.

AAilliam D. Fleming, sheepfarmer, •esiding in the AA’aipukuratt district, aid that, he had no account with the

of New Zealand in Hastings, 'Ol an; other bank. Did all bis busi

■■ess by order'on the New Zealand ■ oiin and Mercantile Agency Com- ; any, Ltd. He did not draw the ■heque and did not authorise anyone o do so. Did not know of any other ■V. Fleming in the AA’nipukurnu disi net. Accused had never worked for ri’..nrs s liut he had seen accused at 'Vanstead on two occasions. Accus'd know witness bv sight only.

Hugh . road contractor, stated that he hud an account with the Bank of Nev Zee! m,l at Hastings. Until th - ]s'h oi December In* had been working at Mnngatarata, where he was cmnpiiig for five weeks. While thme he missed his pocket book containing his cheque book. £3 in notes, 10 in silver,-and a pair of silver sleeve links. Witness missed the pocket book about tin* commencement of Deiembm. He got the cheque I a.: ok bo lost from the Bank of New Zealand at Hastings after the Spiing Show, and since he left Mangataratn he obtained another cheque hook. Did not draw the cheque (produced). To Mr. Hallett : Could not say how he lost the pocket bock or if it. had been stolen.

David hmovey. restauranteur. gave evidence that accused came into his resiauiant about s.;in p.m. on December Bth and asked for a pen raid ink, which was given. Accused took a cheque book out of his pocket and placed it on the counter. Did not know what accused wrote on the cheque. Accused left and returned at 9.30 p.m. and had supper, for which he tendered the cheque (pro duced) in payment. Witness said he had no change. Accused said he would call hack and pay in the moni ing. which lie did. Defective Butler, stated that he nr rested accused at Wanstead on Ft i day, December 12th. He was then drunk. ,At Hustings he was shown the cheqffe in question and asked -f he cashed it with AV. Grnhnni. 'Accused said : ‘‘How did you find out mv name .” He denied having seen the cheque before or knowing anything about it. He said he -was not in Hastings mi Monditv night. De i-’miher Bth. th’ w-m winking <tf Mangatarata. wimlprcssing. and all his tilings weir thete. He went to M j’tistc’id because : t was wet. He was going Lack to Mangatarata.

Mtntgii Kemp, chauffeur in the employ of Graham and GeLliie. also u’t’.r evidence.

Accused reserved his defence and wa< committed for trial at the Supreme Court. Napier. in March next. Bail was allowed, accused in £tl<io and two sureties of ,£5O each. Detective Butlrr » < ->■< uted and accused was represented bv Mr. E. J. W. Hallett. THREE MONTHS’ HARD.

Joseph Lead ham. aged “0. convicted of the theft of a toilet set valued at 10 . was sentenced to three months’ imprisonment with hard labour.