MAGISTRATE'S COURT.

New Zealand Times, Volume LXXI, Issue 4435, 15 August 1901, Page 3

MAGISTRATE'S COURT.

WEDNESDAY, AUGUST 14. Hloforo Messrs' W. Gill and G. F. Geo, J.P.’s.) A first-offender for drunkenness wav convicted and discharged. Mary Vaughan, for drunkenness, was lined 20s, in default seven days’ imprisonment. For being an incorrigible rogue, having no lawful visible means of support, and having been previously convicted of being a rogue and bond, she was ordered to be imprisoned for three months. Edward .Murphy, a lad, was charged with the theft of half a bottle of whisky and half a botti„ of oraudy, the property of James Henry Price, licensee of the New Zealander Hotel. During the hearing of the evidence for the prosecution tho chairman asked whether it was not a temptation to have bottles within reach of persons who visited tho bar.' The defendant went into tho box and said tho bottles were given to him by “another gentleman.” He admitted that he wan in the bar for about two hours, and that ho had the bottles concealed under his coat before they were taken from him by Mr Price. Ho said that about six weeks ago ho came from Taranaki, where he had boon milking. When ho arrived in this city he had £l3; when arrested h 0 had twopence in his possession. Ho had a home here. Constable Kirby said the defendant was sober when taken into custody. A fine of 40s, in default seven days’ imprisonment, was the punishment inflicted.

May Kennedy, a young woman, was charged on remand with the theft of clothing, the property of John Fallool. Her plea was not guilty. Sub-Inspector Wilson said that the defendant had been living with Mr and Mrs Fallon! in this city. They missed some, things from their house. They said the door had been broken upon, and that the defendant’s box was gone. This ransed her to bo suspected by them. A search warrant was taken out, and -the defendant was arrested at Takaka, neap Nelson. A laoe fichu which was mentioned in the warrant was found in her boxShe said «h 0 had bought, it from Mrs Fallool. She also said the door of the house was open when she removed her box. Tho prosecutor asked that the charge might bo withdrawn. After hearing an explanation which ho made, the blench intimated that Ilia request would be granted. Sub-Inspector Wilson asked that the prosecutor might be ordered to pay the police expenses. The Bench mi id that an order for their payment hv liim would be made. The prosecutor then asked that the case might lie gone ou with* Mr Gill : ’Won laid the charge and you have withdrawn it. Now you will havo to pay the ■ expenses. There is no alternative.” The expenses vhioh Mr Fallool was ordered t 0 pay amount to £3 9s. The charge was withdrawn, and the defendant was sot «t liberty. Fi nest Richardson, for driving/ a yell lei e around the corner of Abel Smith and Willis streets at 'other than a "•alking-pace, was fined ss, with costs 7m . (before Messrs T. Dwan and B. H. Edwards, J.P.’s-I A Tt, hearing was granted of a charge against two young men named Otto William Ivar and Harry Meeoh. Mr Atkinson appeared for the defendants. Ho said they were convicted on Friday on a charge of having been found by night without lawful excuse in or upon the promises of John Pyko, licensee of the Imperial Hotel. The case against them was that they were found in the back-yard of tho hotel under suspicious circumstances, and gave no explanation. No application for a remand was made by the defendants, who were not then represented by counsel. They pleaded guilty, and a sentence of thirty days’ imprisonment each was inflicted on them. It was clear that they could not have been aware of tli c gravity of the offence with which they wero charged. Evidence would be adduced as to >he circumstances in which they were on the nremises. On the night in epaestion Mr Pyke was away from Wellington. A man who was loft in charge of the Hotel was ill in bed, suffering from influenza. Ivar bad tea at his own home. He loft there to go to an entertainment at the Choral Hall. The next that his parents knew of him was an announcement in a newspaper that ho had been convicted. At about nine o’clock on the night in question Ivar arrived at the hotel. Meech got there a little later. They were both customers of the hotel, and had been there off and on for the last twelve mouths. There was no evidence that they were the worse for liquor. At 11 o’clock the bar was closed, and the men, with another man, 'and the barmaid and housemaid, went into the sit-ting-room. They noticed that the police wore on watch outside, and after about half an hour they adjourned from the sitting-room to the passage. At the suggestion. of one of tho women, the defendants were shown out the hack way at about half-past twelve. The third man remained in the hotel. Th o police found the defendants, and arrested them. One suspicious circumstance was that there was a case of liquor in a shed at the back of the yard, and an axo near it. The inference was that the defendants intended" to break open the case. There was no good reason for suoh an inference. The fact was that liquor was ordinarily kept there, and that the axo was used to open the cases. Several witnesses wero called by Mr Atkinson, and thev generally boro out ibis state ment. It was elicited by Sub-Inspector Wilson by means of cross-examination that neither the barmaid nor the housemaid volunteered to give evidence when tho defendants were first before the Court, although they knew that the men had been arrested: that the defendants did not make any explanation to the police when they were arrested; and that tho rouseahout at th e hotel said they had no business there after hours. Mr Pvko said he had no fear that his pronerty would ho in danger from the defendants. The Bench reserved their decision. HUTT COURT. (Before Messrs L. B. Johnson, John Wilkins and John Cudhy, J.P.’s.) A first-offender was fined 3s and costa. J. O’Donnell, at the instance of Mr J. Turner, Hutt Borough Inspector, was. for driving without lights, fined 10s and 7s costs. In tho civil case Hardy v. Tremonger. judgment was given for plaintiff for amount of claim, 18s 6d. and costs ss. Herbert Merrick, for assaulting James Brooklehurst on Friday last at Petono. was fined ss. in default twentyfour hours’ imprisonment.