MAGISTRATE'S COURT

New Zealand Times, Volume XLIII, Issue 9956, 27 April 1918, Page 9

MAGISTRATE'S COURT

POLICE AND BY-LAW CASES

Mr S. E. McCarthy, S.M., presided over yesterday's sitting of the Magistrate's Court. Eight inebriates who wero classed as first offenders wore each fined for their lapses. Evelyn Bair was sent to Pakatoa for twelve months, and William Lynch was fined £5, in default to go to gaol for fourteen days. The defendant is a. periodical visitor to the court for drunkenness.

A STOLEN PISTOL.

Albert Kennedy Barrett, a cripple, who arrived in the court on crutches, and Otto Benjamin Kuch, two young men, were charged with being concerned in the theft of an automatic pistol, valued at £5, the property of John Thomas Brown. Barrett was was charged with stealing the weapon, and Kuch with having received tho article, well'knowing it to have been dishonestly obtained. Inspector Marsack < said that Barrett, who worked at theatres, and was unablo to do any hard work, 'lived in. rooms over the "Hat Box" in Manners street. Barrett made the acquaintance' of Kuch and informed him he knew where an automatic pistol could be easily;, procured. tvuch, who is an alien, said he wa s anxious to procure such a pistol, hut was unable to get a certificate from the police to'purchase one. Barrett pleaded guilty, to. theft. Mr H.F. O'Loary, who represented Kuch, said that tho court, might be inclined to .deal, with his,client in, «■ different wayy because ho wa« an alien. The accused,., who admitted the charge of receiving, was only twenty years of age, was born in New Zealand, and his parents always had conducted themselves in a.n honest and upright manner. The youth had served in the Coast Defence Force for six months, and in duo course would go into camp for service abroad. Counsel, in the oireumstancos, asked-the" court to deal, with both !the, accused in the same manner as >nny other youths who offended for the first time, v Both the defendants were convicted, and ordered to come up for sentence when called upon.

CHARGES OF ASSAULT. George Arthr . Fuller, a- full-whis-kered man, pleaded guilty to drunken, ness and; to, assaulting, ..Adam John Munro. The accusod was. thrown, out of tho bar of the New Zealander, which he, entered in .a., drunken condition. He returned, however, and when the barman went to eject him again:, the defendant struck him and knocked him down. For drunkenness Fuller was convicted and discharged, and was fired £'s, in default to"servo.one month in gaol for committing the assault. "SHOULD XOT DRINK."

Alfred William Wheal, a soldier, pleaded not guilty to assaulting Joseph William Mills.

Lawrence Lambert, farmer, Feathorston, said ho saw the complainant walking along with a- lady. Tho defendant, who was very drunk, : followed, and struck Mills a blow on tho ear. Mills was ctazed and witness went to his assistance. Wheal was subsequently arrested.

At this stage 'the defendant altered his plea to one of guilty. He explained that ho was a returned soldier, and had taken too much drink on Anzac Day. The magistrate: "Even a returned soldier must obey the law."

Defendant: "I should not take drink at all."

Wheal, who consented to a prohibi tion order being taken out against him, was convicted and fined £2, with costs. ABSCONDING SHAMAN. John Shultman, a Russian subject, was charged with unlawfully absenting himself from his ship without leave. Mr A. W. Blair, who appeared for the shipping company, in applying for a remand, said tho defendant had left his vessel without leave, but there woro circumstances in connection with the caso which were the cause of a remand being asked for. A remand for a week for medical treatment was granted. PURLOINED CASH.

Wililanr Buehan Barlow, a soldier, pleaded guilty to charges of receiving the sum of £1 8s 6d from one Paino, and £1 13s from Charles Prcntzcn, and with fraudulently omitting to account for the same to Thompson, Lewi's and Co.,' his employers. Inspector Marsack said the defen-

dant was formerly employed by the firm of Thompson, Lewis and Co., as a carter. During the course of his duties customers paii? liim for goods and lie failed to account to his firm for the amounts collected. The thefts for which he was before the court were probably two of many others. Barlow was remanded for a week, and in the meantime is to bo reported to the military authorities. DEFINITION OT AMEN.

John Gustav Carl Smyrek, a Gorman admitted that he had not enrolled in accordance with the provisions of the Aliens' Registration Act. Constable Black said ho had occasion to interview Smyrek, who is a German, on March 15th, and ho asked him why ho had not enrolled. The defendant replied that he had been reporting himself at the Lambton quay police station daily for the past three years. He did not appear to understand that he had to register under the Act. Smyrek was living with _ a German named Doring, who was registered. Notices were placed in prominent positions notifying aliens that they were required t« register, defendant could not help but see a. notice to that effect -which was posted at the police station. _ , The accused said he regarded an alien as a person who was an enemy of Great Britain. He did not have anything to do with Doring, and stayed at the same house for . convenience sake. Ho was unaware that Doring was registered, as he had not told him. The defendant was convicted, and fined £2, with costs. VARIOUS OTHER CASES. For failing to give notice of his change of abode, Hezokiah W. J. Turner, a hawker, was convicted . and discharged. For allowing a lorry to stand in the street unattended; William J. Allison was fined ss, with costs 7s. "William M. Early, for failing to have sufficient lights on his motor-car, was fined 10s, with costs 17s 6d. Eignatz Schxamka, for driving a .;'.: mo£or-oar 'across the intersection of a street at a greater pace than eight miles an hour, was mulcted to the extent of £6 os. It was shown that the defendant had collided with a. boy on a bicycle. The car wag travelling at so fast a rote that it went on for forty yards before it could be pulled up. Schramka did not wait to see if -the boy was hurt..