MAGISTRATE’S COURT

New Zealand Times, Volume XXXI, Issue 6871, 15 July 1909, Page 2

MAGISTRATE’S COURT

WEDNESDAY, JULY 14. (Before Mr W. G. Riddell, S.M.) A CHARGE OF ASSAULT. James Reynolds was charged on remand with having assaulted Frank Johnston. The accused, for whom Mr R. W. Jackson appeared, pleaded r.ot guilty. Sub-inspector Norwood concluded the prosecution. The complainant stated that he was in the Terminus Hotel on Monday evening. Tho accused was also there. The complainant went down Courtenay place, and had gone some distance when someone overtook him, threw him down, and “put a boot into him.” Johnston had to go to tho hospital, where ho remained until next day. Ho could not say that it was the rc-’ cused who attacked him. In answer to Mr Jackson, the complainant said that ho had been living in the same house as the accused, but denied having interfered with Reynolds’s wife. His real name was not Johnston, but Boss, and ho had recently come out of gaol after serving a sentence of six years. He bad been convicted many times. Evidence was given by a young lad that the accused had kicked the complainant while the latter was on tho ground. Sergeant Dale said that the complainant was rendered unconscious, and had to be hurried to the hospital. When charged with the assault, tho accused said, “If you are asked to fight, what are you to do? You can’t bo a coward.” Constable McKelvio saw the accused just before the occurrence, without a 'ooat and vest. Other witnesses saw a man similarly dressed about the scene shortly afterwards.

Tho defence alleged that the accused acted entirely in self-defence, having been struck by the complainant, who had previously given him groat provocation. No evidence was called in support of the accused’s story. His Worship decided to convict, and fined the accused £A , and ordered h ; m to pay expenses and costs £3 16s fid, in default one month’s imprisonment. A BAD CHARACTER. Ada Lister, alias Lester, alias Emily O’Hagan, pleaded not guilty to a charge of being a rogue and a vagabond, having no lawful means of sup port, and having been previously convicted as an idle and disorderly per--60 n. Police evidence showed that the accused had a very bad record, and was a constant source of trouble. She had a long list of previous convictions. His Worship inflicted a sentence of six months’ imprisonment. ALLEGED THEET. Alfred Johnston, alias Williams, an elderly man, pleaded guilty to a charge of stealing books, valued at £A, . tho property of Dr Patterson. On the application of Sub-Inspector l Norwood, the accused was remanded' for sentence until Monday nest. A CHARGE DISMISSED. Alfred William Laminan, a searfar ing man, was charged with having used indecent language on the Glasgow wharf. There was some doubt about the matter, and his Worship dismissed the information. IMPORTUNING. Margaret Webb, for importuning in Taranaki street, was sept to gaol for a month. The accused had a bad character. DRUNKENNESS. Robert David Phillis, alias Hectorson, for drunkenness in tho Albion Hotel, was fined IDs, in default fortyeight hours’ imprisonment. For reiusing to quit licensed promises when requested to do so, the same accused •vas fined £l, in default seven days. One first offender was fined ss, or ..wenty-four hours, and one other was convicted and discharged. HUSBAND AND WIFE. George Edward Humphries was charged with having assaulted his wife, jeesie Humphries) who also asked for luminary separation, on the grounds of persistent cruelty. Mr Wiltord appeared on behalf of the complainant, Mr Peacock representing tho defendant.

Mr Wilford, in opening,' said that the case was a very sorry one. The defendant had been ill-using his wife to a surprising extent. He was in a prominent position, and relied on that to get him off, believing that no Court would convict him. In order to inflict pain on his wife, whom he frequently attacked, he would whip,his daughter, who was suffering from a spinal complaint. Evidence was given by several persons, including Detective Kemp, of the fear which the complainant had of the defendant. The defence alleged that the complainant was a woman of ungovernable temper, and that she was the cause of all the trouble. The defendant had struck her, but under the greatest provocation. A very large number of witnesses wore examined, the hearing lasting over five; hours. His Worship held that the defendant must be convicted of the assault He would be fined £2, with costa £1 Is. On the application for summary separation, his Worship reserved tis decision. CIVIL BUSINESS. (Before Dr A. 'McArthur, S.M.) BREACH OF CONTRACT. Juliua Henry William Angerstcin and Percival George Jeffrey, farmers, of Belmont, sued W. H. Bengloy, contractor, Newtown, for £IOO, damages for alleged breach of contract in connection with some bushfolling work. His Worship gave judgment for the plaintiffs for £lO, with costs £3 Bs.