S.M. COURT.

New Zealand Mail, 25 August 1898, Page 28

S.M. COURT.

A 'first-offending female was convioted for drunkenness and discharged by Mr R. E. Hornblow. J.P., at the Mount Cook Police Court yesterday week. At the Magistrate’s Court yesterday week Hannah Davis was sentenced to seven days’ imprisonment for loitering and importuning passers-by. A prohibition order was granted against William Hoavey, to extend over a period of twelve months. John Zortie and Henry Tasker were charged with allowing cattle to wander, and were fined at the rate of 2s 6d per head. A charge preferred against W. H. P. Barber for allowing a cow to wander was dismissed. The woman Sarah Jones, who was brought from Sydney by Constable .McGuire, was on Thursday changed with the indictable offence of having deserted her three children on the 23rd July last. She was remanded until Monday, bail being allowed, accused in £2OO and two sureties of £IOO each. A youth named Alfred Wilson, alias Jordan, arrested at Christchurch on a charge of obtaining board and lodging by false pretences, was remanded for the report of the Probation Officer. Bail was allowed, prisoner in £lO and one surety in a similar amount. Alice Moore and J. W. Dobbs were fined 10s, or 48 hours’ imprisonment, for drunkenness, and another inebriate wa3 remanded for medical treatment. At the Magistrate’s Court. Thursday judgments went for plaintiffs in the following civil cases:—City Corporation v. Annie Clark, .£ll 5s 9d, costs .£1 2s ; Commercial Agenoy v. J. Churches, £2O 8s Bd, costs .£1 10s, solicitor’s fee .£1 11s ; Laery and Co. v. A. M. Richardson, £4 14a sd, costs 18s; Laery and Co. v. 0. M. Richards, .£lO ss, costs .£1 Is 6d; Commercial Agenoy v. J. T. Delaney, £1 15s, costs 9s; Yerex and Jones v. M. Gow, £7 10s, costs 103, solicitor’s fee 15s 6d; same v. same, £7 sa, coats 10a, solicitor’s fee 15s 6d; Commercial Agency v. T. C. USmithyman, £4 16a 3d, coats 16s. City Corporation v. Carl Locher, £35 12a. Judgment for £ll 7s 3d, costs 10s. Cadbury Bros. v. John C. Clupp, £llls 4d. Judgment for defendant, with costs £3 9a 6d. In the case of Campbell and Dutch v. Eriend’s Steam Generator and Imporus Butter Box Company, olaim £B7 12s, a commencement was made and an adjournment agreed upon until next week. Mr Martin appeared for plaintiffs and Mr Tripp for defendants. A verdict for the defendant was last week given by Mr Kenny, Stipendiary Magistrate, in the case of A. E. Kernot against Elizabeth Ritson, a claim for £3O damages on account of a collision between a brake driven by an employee of defendant and the plaintiff’s gig. The Magistrate said that the evidence showed that the available width of the road at the spot where the accident happened was a little over 18 feet. The maximum width of Ritson’s brake was, say, seven feet, and the width of the gig six feet. Allowing 13 feet for the aggregate width of the two vehicles, tha difference was a little over five feet, so that there would certainly be a margin of absolute safety of at least four feet. He felt great sympathy for the plaintiff, but he must not let this sympathy blind him to the law and the facts. Hard cases made bad law. There was no positive proof of negligence on the part of Woods, the driver of the drag. The evidence showed that the pace was not excessive ; that there was reasonable room to pass, and the plaintiff practically invited the drag to pass by, drawing off to the extreme left of the road. The proximate cause of the accident was no doubt the sudden shying across the road of the plaintiff’s horse, an event which the Court did not think the defendant oould be expeoted to anticipate or provide for. He did not say that there was negligence on the plaintiff’s part.. The collision was one of those inevitable aooidents which would occasionally happen upon any road. Judgment therefore went for defendant, with coßts and solicitor’s fee £2 2s. There were a number . of unpleasant passages-at-arms between Sir Robert Stout and Mr Jellicoe during the hearing of the action Keith v. T. Kennedy Macdonald and Co. at the Magistrate’s Court last week. Mr Jellicoe asked Mr Macdonald a number of questions of a personal nature during crossexamination, and the witness hotly remarked that he would not submit to counsel’s insults. Sir Robert Stout asked the Court to restrain Mr Jellicoe from insulting his client, and later on objected to the introduction of irrelevant matter and the practice of Mr Jellicoe in making short addresses to the Court instead of cross-examining the witness. Subsequently Sir Robert complained of the manner in which counsel for the other side alluded to Mr Maodonald, and said that if the Court tolerated conduct such as Mr Jellicoe was guilty of no reputable practitioner would appear there to conduct a case. A number of remarks of a very personal nature were bandied between both counsel and Mr Macdonald when the hearing of the case was ended, the expressions made by each towards the other being “ painful and free.” Sir Robert told Mr Kenny that- if people were to be subjected to such treatment as had been accorded his olient they would sooner be blackmailed than appear before the Court. It was not until Sir Robert Stout had given Mr Jellicoe the lie direct concerning a statement he had made that the Magistrate interfered and said he could not allow that sort of thing to continue. The case concerned a claim for £IOO invested in the Victory .Goldmine, plaintiff olaiming its return.

Kenny, S.M., in the case of J. J. K. Powell against G. Potherick, W. M. Hare and R. Crabb, a claim for £64, being part of a guarantee given to the National Bank in connection with a deposit of £IOO for the intended purchase of the Choral Hall by the Wellington District Lodge of Good Tomnlars in 1896. Plaintiff had paid the bank and then proceeded against the three defendants in whose namo the account at the bank was kept. Two other guarantors had paid £2O each. The Stipendiary Magistrate said that upon the evidence ho wa3 strongly inclined to think that the proper persons to be sued were either all the members of the district lodge or the executive officers of the lodge, or all the members of the committee mentioned in the evidence. But the evidence was so incomplete and inconclusive (the constitution and rules of the lodge not being put in) that he oould not add defendants, because be did not know distinctly who to add. As, however, there was evidence of a personal request from Petherick to Powell in connection with the guarantee, he thought, though with some hesitation, that he was justified in giving judement against him. As regarded Hare, the plaintiff would be nonsuited. As Crabb had not been served, Mr Hindmarsh, who appeared for plaintiff, abandoned the suit against him. The Court costs totalled £2 10s, and the other expenses £7 7s. Mr Myers represented defendants. The deferred judgment in the civil suit Henry Taft v. JCd. Goteh, claim £52 6s 2d in connection with a building contract, was delivered last week by the Stipendiary Magistrate. The sum of £4l 10s had been paid into Court before the hearing. Judgment went for £42 0s 2d, each party being ordered to pay their own costs. Mr Atkinson appeared for the plaintiff and Mr Skerrett for the defendant. In the case of Mrs E. Clark against the Public Trustee (administrator of the estate of Elizabeth Lawrie), claim £69, judgment went for the defendant with costs 10a, witness’ expenses £2 Bs, and solicitor s fee £3 9s. Messrs Gray and Cooper represented plaintiff, aud Mr Quick the defendant. As the result of a raid which the police made on Tuesday night upon fema!o bad characters who frequent Christchurch streets, five women were brought before the Bench on the following day to answer charges of being without lawful visible means of support. Four of them were sentenced to terms of imprisonment ranging from one to three months with hard labour, and one charge was dismissed. A number of civil actions which were to have been taken at the Magistrate’s Court on Friday had perforce to be further adjourned until another day, owing to the length of time taken over the case of Hitchen and Winder against Thomas Bush, claim £97 15s t’d, in connection with the construction of a building, A counter-claim for £9 odd was admitted. Judgment was given by Mr Eyre Kenny, who presided, for £BB 11s lOd, with oosts, £2 83 ; witnesses’ expenses, £2 10s ; and solicitor's fee. £4 7s. Mr Skerrett appeared for plaintiffs and Mr Menteath for the, defendant. We understand that, the action will come before the Court again in another form. The usual complement of inebriates appeared at the Magistrate’s Court on Friday, when the Bench was occupied by Messrs John Jack, James Henderson and R. H. Edwards, Justices. Hannah McCarthy was mulcted in a 40a penalty, the alternative being fixed at seven days. John Dixon was fined a similar sum, or five days’ imprisonment, for being intoxicated whilst in charge of a vehicle, and some first offenders were dealt with in the 1 customary manner. An alleged assault casej Emma. Garrett against Nora McDonald, was dismissed, with oosts 21s, the complainant failing to turn up until after the matter had been disposed of. Mr Young appeared for the defence. A Wanganui publican was charged on Friday, on the information of the police, with selling liquor to a female aboriginal native on the 21st April. Mr Marshall, who appeared for the defendant, said that the woman, who was of great rank in the Wairarapa, was at the time she was hupplied entertaining the C doma! Soere' ary, aud that the latter, the woman and others were drinking the liquors supplied. The Magistrate (Mr Northcroft) held that a breaoh had been committed. The section of the Act dealing with the sale of liquor to Maori women was absolutely prohibitory. There was no doubt that the licensee had misunderstood the statute, and one could hardly be surprised when the Colonial Secretary, by his presence, induced the belief that what he was doing was legal. Under these oiroumstanoes he would only impose the minimum fine of 40s, with oosts 12s, and would not order the license to be endorsed. Three persons who apparently held the same view in regard to the great whisky question were on Saturday dealt with as first offenders, two of them at Mount Cook and the other at the Stipendiary Magistrate’s Conrt. The woman Sarah Jones, arrested in Sydney recently on a ehargo of absconding from the colony without making provision for the maintenance of her children, who had been left as a charge on the Benevolent Trustees, was on Monday committed for trial by the Stipendiary Magistrate. , Seven first offenders were dealt with in the customary manner for drunkenness by the Stipendiary Magistrate on Monday, Richard Power being fined 10s. David Middleton, who had been found without lawful excuse on the premises of Messrs Jenkins and Mack, was remanded until the 29fch instant for the iiairfriliinr Francis Willis -

and Thos. Mansfield, two stowaways on the Waikare from Sydney, were ordered to spend a month in goal in default of paying a fine of £4 10s. Charges of larceny of a watch and clothing against Margaret Fergusson and of jewellery against John McMillan wore proved by the police, the accused, in each case, being sentenced to a month’s imprisonment. Alfred Jordan was placed on probation for three months, ho having obtained board and lodging by false pretences from Susan Blond. Mr G. Arnold, J.P., occupied a sf'at on the Bench. Two cases brought by the Inspector of Factories against city business men at the Magistrate’s Court on Monday for having employed assistants during prohibited hours ended in convictions being reordod. Robert Hornblow was fined 40s, with costs, 17s, and John G. Restall (United Farmers’ Co-operative Association) 10s, with 7s costs and counsel’s fee, £1 Is. Frederick Muir, the well-known cyclist, arrested on warrant at Culverden last week, was brought before the Stipendiary Magistrate on Monday, charged with having obtained the sum of £BO by means of false pretences from W. F. Shortb. The case was, however, nob proceeded with, the aocused being remanded until Thursday. Judgment for plaintiffs was given by the Stipendiary Magistrate in the following cases Tuesday Alice Merry v. Annie McDonald, claim 10s, costs 12s; Empire Loan Company v. W. Cuthbertson, £L 53, costs 6s ; Mercantile Association v. H. Savage, £5 4s 6d, costs 103, solicitor’s foe 15s 6d; Mercantile Agenoy v. W. Dunne, £6 7s Id, costs 11s; solicitor’s fee 15s 6d; E. C. Warwick v. James Godber, 14s, costs 6s; Empire Loan Company v. John Lane, £54 14s, costa £2 ; same v. A. G. Owen, £5 11s 6d, eoßts 10s; George Winder v. Freeman and Matthews, £24 6s 3d, costs £1 10s; W. Linley and Co. v. J. Bachelor, £1 7s 6d, costs 63; Julia Tonks v. Alf. Kirk, £3 3a (and order for possession), costs 11s ; H. N. Galeati v. W. Klein, £4 16s, costs 6s, solicitor’s fee 53. Three persons charged with lunacy were examined at the Lamb ton quay Police Station on Tuesday, and committed to the Asylum. One, who imagined he was a member of Parliament, gave a considerable amount of trouble. Dunedin, August 17. Mr C. C. Graham, S.M., was engaged all the afternoon in hearing evidence in a case in which Constable Melville is charged with having committed perjury in giving evidence in the recent prosecution of Irving, of Clinton, for sly grog-selling. The case was adjourned till Tuesday, also a similar charge against Constable Cruickshanks. New Plymouth, August 22. In the Magistrate’s Court this morning Mr Stanford, S.M., gave judgment in the case of Bishop v. Burkhardt, a claim for expenses and damages caused by defendant’s steer knocking plaintiff down. The evidence showed that the animal was ordinarily quiet, but was maddened by overdriving. Plaintiff was awarded £SO damages and £9 costs. Christchurch, August 23. Mrs Conway, licensee of Tattersall’s Hotel, was fined £2 for refusing admission to the police on Sunday, August 7.

RAID ON AN ALLEGED GAMBLING DEN

SIX MEN ARRESTED. Tho police authorities have for some time past suspected that gambling has been quietly carried on in the back parts of a number of premises in the city, and on Sunday it was decided to make a raid on a couple of them. Shortly before 11 Sunday night Chief-Detective Campbell and Detectives Henderson, Broberg and Nixon proceeded to one of the suspected estiblishments and entered, but they did not find any gambling being carried on. An innocent game of crib was in progress, but nothing more. A visit was then made to a bookseller’s shop in Cuba street. The officers went round to the back, and after listening for a while determined to effect an entrance. One of them tapped at the door, and an occupant of the room, not dreaming who his visitors wer6, opened it. Detectives Nixon and Broberg at once burst in, and, announcing who they were, made a grab at the money on the table. There were six men in the room at the time, and they offered no resistance. The detectives searched the lot and took all the money they had, the total amounting to a considerable sum. There was a quantity of red and white counters on tho table, as well as a number of packs of cards, all of which were seized. A “ notice ” card displayed on the wall drew attention to a rule that was to be observed in connection with the game of poker, reference being made to “Jack pots,” &c. The six prisoners and four officers marched down to the Lambton quay Police Station, where the men were were further searched. They then gave their names as follows James Simmons, Elijah Maslim, George Bolderstrom, Christian Martin, Stephen Tilley and

Jas. Walker. It is alleged that the room in Y7hich they were found was leased by Simmons from the proprietor of the bookshop in front. None of the prisoners stayed on the premises. Simmons was charged with being the keeper of a room which was used as a common gaming house, and his five companions with being found without lawful excuse on premises used as a common gaming house. The whole of the men are well known in the city. They were bailed out at midnight. CASES BEFORE THE COURT. HEAVY PENALTIES. A result of the raid made on Sunday on an alleged gaming-house in Cuba street by the police was the appearance of the men arrested on the occasion at the Magistrate’s Court on Monday, before Messrs H. Eyr© Kenny, S.M., and J. Arnold, J.P. James Simmons, charged with being the occupier of premises kept for the purpose of common gaming, pleaded not guilty, but admitted that he had gambled there. The other accused Elijah Maslim, George Robertson, Christian Martin, Stephen Tilley and James Walker—were charged with having been found upon the aforementioned premises, which they had frequented for the purposes of gambling, and admitted the offence. Mr Wilford, who appeared for the defendants, said that the plea of the others did not affect his client Simmons. He went on to explain that the room wherein the offence was alleged to have been committed contained a notice to the following effect;—“Any person can pass the Jackpot, and after it is opened has the option of coming in and raising the pot before the bye.” This of course indicated to anyone who understood the game that it was a very new-chum gambling place indeed, and not the haunt of professional gamester 3. As a matter of fact it was a workshop in which Simmons carried on his trade, and the men had simply gathered there that evening for the purpose of having a quiet game of “ draw ” at shilling rises. This, it was obvious, could not make it a common gaming place, the definition of such a place being one in which people were in the habit of congregating in such numbers and under such conditions as to cause a nuisance to those living in the neighbourhood. The men had only been found doing what hundreds of others did every night of their lives, and it seemed to be unlawful for certain individual? to play poker for shilling rises while it was played in other places for pounds with impunity. It was notorious that gaminghouses existed all over the city—and not only in Wellington but all over the colony. The thing was a matter of common know, ledge among those who had to do with criminal prosecutions. The fact that the men now before the Court had made no resistance ; that they showed their regret for what had occurred by an open admission of their guilt; that they were all respectable men —not of the spieler class—were ' reasons why they should be treated with some consideration. He would suggest that they be convicted and discharged. Some discussion then took place with regard to calling evidence on the more serious charge against Simmons, and as to the advisability of swearing some of the other defendants. After a consultation with the Inspector of Police, Mr Wilford announced that Simmons would plead guilty to keeping a house to which people had resorted for the purpose of gaming. It was not habitual, however; they had only been invited there on the evening in question. Inspector Pender: I cannot allow that to go without pointing out that the place was occupied by Simmons and specially prepared—there were cushions all round, places for men to sit, a table in the centre, and all the paraphernalia for a gaming business. Of course I don’t know that these men were in the habit of going there regularly, and I will not ask for a heavy penalty against them, or even against Simmons, for his case is not a bad one. Mr Kenny: Very well, Mr Pender, I will accept your explanation of the case. Mr Arnold agrees with me that when the police do obtain a conviction in a case of this sort they should receive every assistance the Court can give them, and that in the event of a conviction the Court should mark its sense of the defendants’ conduct by inflicting a sharp fine. Mr Pender has said that the case is not so bad as it might be, or I might have seen fit to inflict imprisonment without a fine. Gambling is becoming a very serious evil, and it is absolutely necessary to make an example that will deter others. Simmons will be fined .£SO, in default three mouths’ imprisonment with harcj

labour. In the case of the other defendants, they are the geese who are plucked by the fox who keeps the gambling-house. As they are evidently respectable men and this is their first offence, though I cannot convict and discharge them, a small fine will meet the case. Each defendant will be fined <£l and pay 7s costs. The Inspector announced that there was sufficient money found on Simmons when searched after his arrest to pay the fine ; he had £54 and the others .£l3 between them.