THE COURTS.

New Zealand Mail, Issue 1247, 23 January 1896, Page 37

THE COURTS.

MAGISTRATE'S COURT. At the Magistrate\s Court, yesterday week, before Mr Martin, S.M., Dennis Reardon was sentenced to a month’s hard labour for failing to support his children. The little gii 1 charged with theft from houses in Hobson street was further remanded until February 26th, liis Worship remarking that it appeared an older girl was mixed up in the affair, and was more to blame than the accused. Henry Phillips and his wife, charged on remand with having used indecent language, were convicted and discharged, as they have been meanwhile conducting themselves in a proper manner. James Campbell was remanded for a month on a charge of stealing a pair of boots. Mr Martin, S.M., entered up judgments for plaintiffs in the following civil cases at the Court on Thursday last : —R. Huffam v. W. A. d’Oridant, -fill Is 6d, costs £3 Is; Bell, Cully and Izard v. Isabella Hay, £32 13s 3d, costs £2 16s: Cook and Laing v. Miss Chisholm, £3 15s I’d, costs 11s ; Cook and Whittaker v. T. Montague, Bs, costs 6s : Commercial Agency v. S. Geary, 15s, costs 6s ; Ross and Glendining v. L. J. Hooper and Co., <£2o, costs <£l 15s 6d ; Win. Newell v. Mary Moynihan, .£l2 13s lid, costs £1 ; same v. F. Valentine, <£G 14s 6d, costs 10s. In the defended case of Sim Lee v. Rouse and Hurrell, claim <£6 10s, storage of buses which had been placed on plaintiff’s property, judgment was given for plaintiff for <£l (is, with 8s costs. Dr Findlay appeared for the plaintiff, and Mr Young for the defendants. At the Magistiaate’s Court last week, before Mr Martin, S.M., Olivia Carnell, charged with drunkenness, was convicted and discharged. John .Stacey, charged with drunkenness and obstructing Constable Poland at the fire in Cuba street, was remanded until Saturday. Edward Doherty was fined 40s for having used insulting language at the Government Railway Station, and Henry L. Wilton was sent to gaol for two months for the theft of an overcoat. Henry Lissendon was fined 10s, or 48 hours in default, tor drunkenness, and John Lunu, also charged with drunkenness, was remanded for medical treatment. A case of considerable importance was heard before Mr Martin, S.M., on Friday, when Alexander Fraser and John Cole were charged, on the information of A. Hoby, secretary of the Wellington Dental Institute, with a breach of section 3 of the Dentists Act, 1880, by practising as dentists, although neither of them were registered. MrSkerrett, who appeared to prosecute, said the defendants, who were not registered, carried on the Australian Dental Institute, Lumbton quay, that they described themselves as dentists in

the Wellington newspapers, and had practised as registered dentists. Evidence was given by Annie Cook and Alfred Retter of having their teeth attended to at the Institute, and it was also proved that the defendant Fraser had inserted advertisements in the New Zealand Times and Evening Post, and paid for them with his own cheque. E. J. Von Dadelszen, Registrar-General, produced the register under the Dentists Act. which he said did not contain the names of the defendants. Mr Edwards put in a certificate that Cole was registei’ed as a dentist in Victoria, and contended that there was no proof that the defendants themselves constituted the Institute, and that there was nothing to prevent them acting as assistants, besides which it was not proved that they did not hold English qualifications. His Worship reserved judgment on these points until Monday. Prohibition orders were issued by Mr Martin, S.M., on Friday, against Sarah Russo and Henry King, to apply to Wellington and suburbs.

Mr Martin, S.M., gavo judgment on Friday in the case in which D. T. Orr, chemist, was charged with a breach of the Shops and Shop Assistants Act by not closing on the afternoon of Wednesday, December 11th last. The case was brought to test the question whether a chemist could sell such articles as i tooth brushes, Ac., and yet bo excluded from the operations of the Act. His Worship said by the original Act it was provided that chemists’ shops might bo opened for the supply of medicines and surgical appliances urgently required, but that he should then open his shop only for such purpose. That, provision showed that the Legislature had in view the fact that chemists dealt in other things besides medicines and surgical, appliances. Then by the Act of last year section 4, subjection 2, was repealed, and the principal Act was amended so as to read that it should not apply to a shop wherein was carried on exclusively the business of a chemist, but he could find nothing to suggest that the chemist referred to in tho Act of 1895 is a different chemist to the on« referred to in the Act of 1894. He could not restrict the word chemist to its strict primary meaning, for then there would be no necessity to mention chemists in the Act, seeing that they would not be shopkeepers. The word must, he thought, be construed iu the sense in which it was ordinarily and generally used, and as the prosecution admitted that the business carried on by the defendant was similar to that generally carried on by socalled chemists in the Colony, the information must be dismissed.

At the Magistrate’s Court on Friday, Hamilton Gilmer, licensee of the Empire Hotel, was fined £l, with 2Ss costs, for failing to allow one of his barmaids a half-holi-day. Dr Findlay appeared for tho Inspector of Factories, and Mr Skerrett for the defendant.

Some time was occupied by Mr Martin, R.M., on Saturday in hearing a case in which John Stacey was charged with having been drunk at the fire in Cuba street on Wednesday night, and also with having resisted Constable Poland in the execution of his duty. Dr Mackin stated that the man was excited, but not drunk. Constable Poland

stated that lie ordered accused to move back into the crowd, and he refused. He inferred from the smell of his breath that he was drunk, and as defendant resisted witness he

f' T —rrmifi x» wnn—w ir mrjr inrrnrrrnrrrTn m—arrested him. H. S. Woolcott, of the Fire Brigade, said accused would not allow* him room to work. His manner Was that of a drunken man. Several other witnesses expressed their belief that the accused was drunk. C. M. Luke, for the defence, said he had never known defendant to have been drunk, although he had known him for 25 years. Defendant said he had two shandy-gaffs at 5 o’clock on the evening of the fire. He was pushed forward by the crow'd, and told the constable he was unable to get away, but would do so as soon as he could. Other evidence having been given, His Worship dismissed both charges, saying the evidence showed defendant Was not drunk, but he thought the constable was justified in thinking he was drunk. Conrad David, for whom Mr Wilford appeared, was charged at the Magistrate's ■Court ou Saturday with having unshipped a box of cigars without paying the duty thereon, also with having knowingly attempted to evade the Customs. Mr Gully appeared for the Collector of Customs, who had elected to sue defendant for <£loo. David, who was found by Michael Flannigan, acting tide-waiter, coming from the «hip Mount Sirion with the cigai-3 under his arm, said he was then on his way to find a Customs officer in order to pay the duty. Mr Martin imposed a fine of £IOO, which he subsequently reduced to £25 on the first charge, and Is on the second charge, and ordered him also to pay £3 3s costs. Christchurch, January 15, At Lyttelton this morning. Alexis Menand, charged with having an illicit still in his possession, wa3 fined the minimum penalty of £SO, or three months’ imprisonment. It appeared from the evidence that the accused, who is a foreigner, did not know that it was wrong to have a still in his possession, and that he had never tried to dispose of the spirits. Dunedin, January 16. Several cases under the Factory Act were heard at the Magistrate’s Court to-day. John Fleming, produce merchant, was fined 103 on two charges of keeping assistants in the shop after 1 o’clock on the weekly halfholiday. James Connor, restaurant keeper, was fined 5s on each of three charges of not giving an employee a half-holiday. Charles C. Croft, grocer, was fined 5s and costs on a similar charge.