MAGISTRATE'S COURT.

New Zealand Times, Volume LXXV, Issue 5040, 11 August 1903, Page 2

MAGISTRATE'S COURT.

MONDAY, AUGUST 10. CBcforc Dr A. McArthur, S.M.) TOO THIRSTY. Throo first-ofionders ■were fined 5s on charges of drunkenness, Timothy Donovan, whoso third ofi’ouco it was, was fined 20s, or seven clays’ imprisonmont. ‘Michael G.irtland. who pleaded guilty t-J being an habitual drunkard, was sentenced to one month’s imprisonment. John Michael Fitzgerald, for drunkenness, was fined 10, or 43 hours’ imprisonment. OFSOFNE LANGUAGE. Archibald Henderson, charged with being drunk and using obscene language on Lambton quay, pleaded guilty, but said lie did not remember anything of tho occurrence. Evidence was callod prove the charges, and accused, who is a member of tho crow of tho Wallaroo, was fined ss, or 24 hours’ imprisonment, on the charge of drunkenness, and 40s and costs 16s, or in default fourteen days’ imprisonment, on the second count, Percy Larking pleaded guilty to using obscene language, and was fined £o, with 8s costs, or one month’s imprisonment. Tho occurrence, which was of a serious character, took place in Adelaide road. A “GUESSER.” James McMillan was charged, with being an idle and disorderly person and with having no lawful visible means of support. Several detectives testified to their knowledge of the accused and his modus oporandi. He was, in short, a “racecourse guesser,” The Magistrate said ho must really increase tho penalties in cases of this nature. It was such men who brought bad repute upon racing and other kinds of sports. Ha would sentence accused to three months’ imprisonment. Detective McGrath said men of this kind woro coming hero in droves. ASSAULT. Samuel Tvarsten, a married man, whose wife is in Finland, charged with assaulting a young girl at Kelburne on Saturday evening, said he knew thing about it. Tho Magistrate said it was not his place to induce accused to plead one way or tho other, though it might ho better for him if tho evidence were not gono into. Evidence was given by tho girl in question and a girl friend whom she was with at the time of tho assault; also by the arresting constable and a brakesman on the- Kelburno tram way. Tho 'Magistrate considered the charg© proved. Ho said they must protect young girls going home at night. Tho accused, who had sailed very close to a more serious charge, would bo fined £3 or ono month’s imprisonment. INDECENCY. The charge was concluded against Charles Smith, a married man living at Roseneath, who was charged last week on three separate informations with indecency at Oriental Bay during last April, May and June. Tho accused, who strenuously combatted tho charge, was represented by Sir Tanner, in conjunction with Mr Herdman. Tho defence, put forward comprised tho evidences of several neighbours and others acquainted with Smith. Tho general tenor of the evidence was that the witnesses could not imagine accused being guilty of such an offence, and they were surprised when they heard of the charge being made against him. Mr Herdman, in addressing the Bench, considered the story told at the previous hearing by the little girls was extremqly improbable. Ho pointed out the great difficulty which a man had in defending a charge of this kind made by children. Tho Magistrate, in dismissing the charge, said h© must givo the accused tho benefit of the doubt on this serious charge. If he were guilty he had his own conscience as punishment. James O’Hagan, for committing an indecent act on Lambton quay, was fined 20s, or seven days’, imprisonment. THEFT OF MONEY. Frederick Robson and Stephen Toms, who pleaded guilty last week to charges of stealing various sums belonging to tho Freeh Food and Ice Company, in the business of which firm they were employed, came up for sentence. Mr Herdman appeared for accused, and asked for lenllent treatment. Tho Stipendiary Magistrate said this kind of thing was becoming too frequent; indeed, it seemed almost impossible to get honest men to collect tradesmen’s debts. It was a lamentable thing for a Magistrate to have to say. There was this point, too. that those who were honest were discounted to a large extent by the doings of such men as the accused. The First Offenders Act, he would like to point out. was intended to apply to cases where sudden temptation had been yielded to, and not to instances in’ which culprits were for the first time found out. Toms would be sentenced to one month’s imprisonment, and Robson, who appeared to have been the greater offender, to two months’.