MAGISTRATE'S COURT.

Manawatu Standard, Volume XLI, Issue 9452, 27 February 1911, Page 5

MAGISTRATE'S COURT.

P'ALMERSTON.-MONDAY.

(Before Mr A. D. Thomson, S.M.)

DRUNKENNESS,

Three first offenders were fined ss, in default 24 hours' imprisonment, for drunkenness. W. Payne was fined £1 and costs 17s for being found on licensed premises during the currency of a prohibition order. BREACHES OF AWARDS, D. Charkor was charged with' the following breaches of the bakers' award I'll) Employing a carter in a bake-house; (2) Boarding, an employee without first obtaining a permit from the inspector; '(3) Failure to keep a proper time and wages book. Defendant pleaded ignorance of the award. He was ordered to pay fines totalling £2 17s. • W, Thornton, driver for defendant, and A. Meda, who had boarded with him, were also lined 10s and 5s respectively. N. Paulsen was charged by tho Inspector of Awards with failing to keep a proper time and wages book. He pleaded guilty, and was fined £l. BREACHES OF THE BY-LAWS,

Eleven cyclists, charged with riding their bicycles at night without lights, were each fined 10s and costs. For driving a motor car at night without a light a local resident was fined 10s and costs 10s. ALLEGED ASSAULT. _ John Madden was charged with assaulting Thomas Trow in Monrad street on February 16th. Mr Cooper appeared for the informant, and Mr Moore for the defendant. Thomas Trow, aged lo years, stated that on the evening oi the 15th of February tie was playing in the street, when tho defendant, Jonn Madden, let us horse go and came up to witness and hit him three or four times across tho face. A man named Withell camo and stopped Madden hitting him. He did not say anything to Mr Madden. Cross-examined by Mr Moore, he stated that on the morning of the day in question he went over to Madden's for tomatoes. He saw Mrs Madden and asked ner for a pound of tomatoes. She would not give them, to him, and told him to clear out. He said he would not go as quick as sho wanted him. He then went slowly over his own fence. It was the first time he had ever had any trouble with the neighbours in that street. He was running up the street, and Madden came up to him with his horse.

Adolphus Trow, aged ten, and a brother of the previous witness, stated that he 6aw Madden hit his brother. They were all playing on tho road before Madden came up, but witness ran insido tho gate when he saw Madden. Cross-examined by Mr Moore, he- stated that he was quite near Madden when he hit his brother. His brother shouted "tomatoes all ripe" before he was hit, but it was not to Madden. He and his brothers had all been over to Madden's place that day to annoy Mrs Madden. To the S.M,: Altogether five of them went to Mrs Madden that morning to ask for tomatoes. They went for the tomatoes for fun.

Michel Withell, carrier, deposed to seeing Madden hit, the boy Trow. He went to him and stopped him. Madden wanted to tell him all about the trouble. Cross-examined by Mr Moore, he stated that he did not know of the provocation that led to the trouble. He had never seen, the Trow boys annoy tho neighbours. He did not know that there was continual trouble between the boys and their neighbours. The boys were well conducted. He did not want to fight Madden on the day in question. He was quite sober then John James Madden, carrier, deposed that he had had considerable annoyance from the Trow. boys. When ho got home his wife told him about something that happened during the day. The boys were running up and down the street crying out "Madden all ripe," "tomatoes all ripe." The. boy sliouted out this in his face before he hit him. Cross-examined by Mr Cooper, he stated that he had often complained to tho boys' father about their. behaviour, but ho had never taken any notice. He had warned the boy before. His Worship said that no doubt the boy had been struck, but he had been very impudent, therefore.he would dismiss tho information. No costs were allowed. THE FACTORIES ACT. The Inspector of Factories charged the Palmerston Borough Council with being the owner of an unlicensed factory, viz., the Opera House. This case had been adjourned from the 13th hist.-, to enable ;tlie Labour Department to be represented by counsel, this being taken as a test case. .

In the absence of counsel the Inspector said his Department held that power house where the electricity was generated was a factory under the Act because the electricity was 6old' to visiting theatrical companies, through being included in the rent, and also to patrons of the pictures by being used for the cinematograph. The Borough Solicitor, who defended the case, argued that the owners of the Opera House did not sell electric-. ity,_ and no work was performed such as is usually performed in a factory. He quoted cases where doctors used the_X-rays ; where oculists used electricity for inspection of the eyes, and hotelkeepers who used it in their hotels, etc., charging fees for inspection or for use of rooms. These were on •exactly the same: lines with the Opera House, and if His Worship held the Opera House was liable for registration then these places must also be registered. . ; His Worship took time to consider his judgment. , THEFT. Charles Wilson, for whom Mr Bagnail appeared, pleaded guilty to the theft of_ a ring. ■ Sentence was deferred till other charges against tho accused were heard. BREAKING AND ENTERING. Charies Wilson and Ada Wilson pleaded not • guilty to a charge of breaking and entering at Longburn and to stealing certain tools, the property of John Anderson. Mr R, Bagnall appeared for the accused.

John Anderson, manager of the Longburn freezing works, (stated that he found that the articles produced were missing when he returned from a holiday on the 31st January. The lock of the door of the washhouso in which the articles were left had been forced open. He valued the missing articles at about £5 10s. The two accused had no authority to go to his house and take anything:. Rose Dixon; residing at Longburn, deposed that she lived about 100 yards from Mr Anderson's house. She saw the two accused go across a paddock on the 31st of January, about two hours before Mr Anderson came home. They sat down, and then she saw the man go over to Mr Anderson's house and enter the yard by the side gate. The woman was about 100 yards from Mr Anderson's gate. The male accused had a rug over hie arm when he went in. The male accused came back to the female accused, and they both returned to the house. She saw them both walking about the yard at the back of the house. They came away about half an hour later and had something rolled up in the rug. The two accused afterwards passed quite close to her, as she was talking to a neighbour. , Cross-examined hy. Mr Bagnall, witness stated that she could not tell

tho colour of"the rug the male ac cused was carrying. In reply to Sub-Inspector Norwood, witness said that she saw tho male accused take a drink out of a bottle, but she did not think they were drunk, Alfred Smith, barman at the Munawatu Hotel at Longburn, also gave evidence. Alfred Smith, barman of the Mauawatii Hotel at Foxton, Sarah Amelia Jiurnctt, boardmghousc keepr at Foxton, Constable Sweeney and George Lee, of Foxton, and Detectives Quirke and Sweeney, of Palmerston, also gave evidence, Tin's closed the case, and the two accused were committed to the Supreme Court for trial. On a separate charge of theft Charles Wilson was sentenced to three months' imprisonment,