MAGISTRATE'S COURT.

New Zealand Mail, Issue 1249, 6 February 1896, Page 35

MAGISTRATE'S COURT.

The case in which Alexander Fraser and John Cole are charged with having acted as dentists although unqualified was again before Mr Martin, S.M., last week. Evidence was given that the name of E. G. Evens was over the door leading to the defendants' surgery. Fraser denied that he acted as a dentist, and Cole said he did the operating as assistant to Mr Evens and was paid weekly. Other evidence having been given, His Worship said no breach of the Act was committed if a person said that someone else was qualified to practise dentistiw. Mr Fraser had not held out that he himself was qualified. Mr Evens had not said that he

was qualified, and Mr Cole said nothing and at present had nothing to do with the profits of the concern. Subject to the cases submitted by Mr Skerrett, who appeared for the prosecution, he did not think he could convict. He would, however, look into them and give his decision the following day. Ultimately the case was dismissed with £3 3s costs. Mr Edwards appeared for the defendants. With reference to this case, Mr Eraser writes :—" Before leaving Melbourne for New Zealand we wrote to the Registrar here asking if we were entitled to register as dentists of this Colony. The reply was so worded that we had no hesitation in coming here at once. On applying for our certificate we were astounded to find we were not allowed to practice on an Australian qualification. The following are some of our qualifications : Fourteen years' experience as dentists in Melbourne with such gentlemen as Mr Webb, of Manchester ; Mr Thomson, L.D.S , M.R.C.S., England; Dr Hill, United States, America, and other leading Melbourne dentists,. A part of that time was spent as assistant honorary dentists of the Melbourne Hospital, besides being honorary dentists to the police and! numerous societies." Mr E. C. Evens, whose name was mentioned in the course of the case, complains that it may be inferred that he is not duly qualified, and ho asks us to correct such an imoression. He writes :—" I hold an English certificate under the Imperial Act of 1878, and am further registered under the New Zealand Dental Act of 1880."

At the Magistrate's Court last week, before Mr Martin, S.M., Hannah McCarthy, alias Scully, was fined 10s, or 48 hours in default, for drunkenness. Jacob Rosun, a seaman on the barque Tillie Baker, was fined 5s for drunkenness, and for damaging the vessel he was fined Is, and ordered to pay £2 damages, or in default to go to gaol for 14 days. Grace Harper was charged with keeping a house of ill-fame in Dixon street, but on the application of Mr Gray, who appeared for her, the case was adjourned until Monday. Matthew Pickering was remanded for ft day

on a charge of being an incorrigible rogue. A charge against W. Melville of having failed to obey a maintenance order was adjourned until February sth. The case against Janet McCarthy, charged by her mother with vagrancy, was dismissed, as the parties have come to an agreement. Mr Jellicoe appeared for the accused. An information against Chas. Ward for having deserted his wife was dismissed, as it is understood divorce proceedings are pending. Mrs Skerrett appeared for Mrs Ward. A curious case came before Mr Martin, S.M., last week, when Robert Sutherland was charged with having deserted his wife. The facts, which were admitted, showed that on defendant deserting his wife she instituted proceedings for a divorce, but on hearing that her husband was dead she married another man, and had children by him. This man has since died, and she then heard her first husband was alive, and sought to recover support from him on the ground that she was a destitute person. The question for His Worship to decide was whether Sutherland was liable for her support under the Destitute Persons Act, she being a destitute person, although at common law he was not liable, as she had technically committed adultery. Mr Skerrett appeared for the husband, and Dr Findlay for Mrs Sutherland. His Worship withheld his decision until Friday. In the Court on Thursday last, before Mr Martin, S.M., Tames Anderson and Joseph Nestor were fined 20s each for fighting in Cuba street, the alternative boiug five days' imprisonment. Aboy named Thomas Williams, charged with theft from his father, was committed to the Burnham Industrial School. Matthew Pickering was sent to gaol for 12 months as an incorrigible rogue. Margaret Lenham was fined 10s, or -IS hours in default, for drunkenness, and John Yorkston, who had been drunk and disorderly, was fined 20s, or four days' imprisonment in default. The total amount sued for in the A Wellington Magistrate's Court last year was no less than ,£47,437 4s lid, of which £21,341 5s 51 j was recovered. In the 2G cases in which Europeans were plaintiffs and Maoris defendants .£4Bl lis 7d was the amount sued | for, and £392 7s 3d was recovered. There

were two ca:;es in which Maoris were plaintiffs and Europeans defendants, and £l7 3s Sd was sued for, but none of that amount was recovered. The cases in which Europeans only were concerned numbered 4-1-99, £40,938 9s Sd was sued for, and £23,948 18s 2d was recovered.

Two first offending drunkards were fined 5s each by the Hon G. F. Richardson and Mr J. Smith, jun., Justices, at the Magistrate's Court on Monday. John Knox Purvis, charged with theft, was fined 40s, or seven days' hard labour in default. Frederick Lynass, charged with being an incorrigible rogue, was sent to gaol for six months. Five boys named Sydney Johns, John Benge, John, Edward and Morris Kelliher were charged with having thrown stones at the shop of a Chinaman named Kee Lee. The case was dismis&ed, defendants being allowed £1 lis costs. Mr Gray appeared for the Kellihers, and Mr Wilt'ord for the complainant. A charge against Grace Harper of having kept a house of ill-fame in Dixon street was dismissed. Mr Gx*ay appeared for the accused. Hung Lee was fined 5s for having in his possession a measure which had not its capacity marked upon it, and a charge of having an unjust measure was dismissed.

Pahiatua, January 29. At the Magistrate's Court yesterday. Henry Wagstaff, brewer, Mangatainoka, was charged with breaches of the Beer Duty Act. On the first charge he was fined £75, on the second £lO and costs, and on the third £75 and the brewing plant ordered to be confiscated. Another case is to be heard this morning.

Dunedin, January 30. At the Police Court to-day J. G. Laurenson, baker, was charged with selling bread deficient in weight, and with failing to provide a scale for weighing. An objection that the information was not laid within 72 hongi after the alleged offence was upheld, case was dismissed, but the objection considered relevant to the chargojH stamping a pan loaf, and a fine of V costs was inflicted. fl

William Boyce, against whom there is a prohibition order, was fined 20s to-day for entering a licensed house. A charge against John Ogg, publican, of knowingly permitting Boyce to remain on his premises was dismissed, as there was no evidence of knowledge, but on the charge of selling drink to the man, the Magistrate held that the onus was on the defendant, and he imposed a fine of 40s and costs, but as the police gave the hotel a very good character the license would not be endorsed.

Napier, February 3. At the Magistrate's Court to-day, Joseph Roulston, licensee of the Albion Hotel, was fined £2 and cost and his license endorsed for Sunday trading. Defendant, sis days' previous to the offence, sold out, but the transfer had not been signed by the Stipendiary Magistrate, and though Koulston was absent in the country when the breach of the Act was committed, the Magistrate held him liable.