CITY POLICE COURT.

Otago Daily Times, Issue 19198, 14 June 1924, Page 19

CITY POLICE COURT.

Fkiday, June 13. (Before Mr H, W. Bundle, S.M.) Threatening Behaviour. —James Houlahan (Mr B. S. Irwin) and Henry Paisley (Mr G. J Payne) pleaded guilty to using threatening behaviour within the view of passers-by whereby a breach of the peace was created. —Senior-sergeant Mathieson said that the accused were rival milkmen, and resided at North-East Valley. A quarrel had commenced on Houlahnn’s farm concorning customers, but Paisley, although challenged, would not engage in a fight on that occasion, as they were on Houlahan’s property. Later, however, the parties met on the Main road, North-East Valley, and a fight took place, a large crowd assembling. The police were of opinion that Houlahan was really to blame. —Mr Payne said that Houlahan had twitted Paisley with being a shirker, which was entirely unfounded seeing that several of his brothers had been killed at the war. In the fight Houlahan got the worst of it. —Mr Irwin said he could not understand why the police should say that Houlahan was to blame. Houlahan could not have said that Paisley was a shirker, because he knew that his brothers had been killed at the war, and ho also knew that Paisley was too young to go to the war. Paisley was really the aggressor, and when challenged it was not likelv that a man rejoicing in the name which his client had could stand it. It was quite true that Houlahan had suffered a tomnorary knock-out as the result of the tight, and that Paisley kicked him when he was on the ground, from which injury he was still suffering.—The Magistrate said that Paisley technically was to blame for the breach of the peace. He would treat the matter on this occasion as trivial, but if the parties came before bim again on a similar charge it would not be treated lightly. Each defendant would be fined ss, with costs (7s). Variation of Maintenance Older.—-1 he police, through Senior-sergeant Mathieson, applied to have the wecklv amount paid by John William Phillips with respect to his child increased to 15s per week.—Defendant in evidence said he was a single man and employed as a general labourer. He earned about £3 per week, but suffered through wet weather. His mother was the only one dependent on him. He contributed £2 per week towards her support. She paid 7s fid per week rent. —The order was increased to 12s fid per week. Theft of Mattock.—A charge of stealing a mattock valued at 10s. the property of the Dunedin City Council, was preferred against John Putcpll.—Defendant pleaded not guiltv.—John Edward Ayers, surfaceman, employed by the Dunedin City Council, was engaged on tho Anderson s Bay road, near Tahuna Park. On May 26 he was so employed, and left the mattock against the fence. The accused, who resided in the vicinity of Lawyers Head, had passed there about 3.30 o’clock in the afternoon in a spring cart. He identified the mattock as the missing article. To Defendant; He was quite sure that the mattock was not resting against the fence at 4 p.m.—David Bennio, who was engaged in Chisholm Park, said he saw defendant get out of his cart near the spot where the mattock was left.--Constable Moiklejohn said he interviewed the accused, who lived in a tent in the lupins near Lawyers Head. He made inquiries from defendant, who at first said he passed the spot about i. 30 p.m., and almost immediately afterwards he corrected this and said it was much later. He found tho mattock in accused's tent.—This closed the case for the prosecution.-Charles Kerr, who was called by the defendant, said he was passing the spot where the pick was, and defendant drew his attention to it, and said the workmen had evidently neglected to put it away. To the Senior-sergeant; He was at present serving a sentence in prison for impersonating a detective. Ho had also served other sentences in prison.—The Accused deposed that he went home about 4 o’clock in the afternoon, and returned to get a loaf of bread and a bottle of beer. As the pick was still there he took it home for safe keeping, and told the constable when he called on the following day that he was going to return it. —jne Magistrate said there waa not a shadow of a doubt that defendant took the pick on the first occasion on which he passed. —The Senior-ser-geant said tho defendant had a long list of previous convictions. He followed the occupation of a bottle gatherer, and lived m a tent with a woman who was not his wife.—Constable Meiklojohn, who was recalled, said defendant and the woman lived on cookies and beer. It would be no use prohibiting one without prohibiting the other.—The Magistrate said bottle gathering was the worst possible occupation for a sneak thief. Defendant deserved to have the maximum sentence imposed. Ho would be sentenced to one month’s imprisonment. Failure to Pay Income Tax. —William S. M’Donald was charged with having failed, when required by the Commissioner of Taxes, to attend and give evidence before an authorised officer in that behalf concerning the income derived by him. —Defendant did not appear.—Mr F. B. Adams, for the Commissioner of Taxes, said the case had geen adjourned a fortnight ago to allow accused to get some- necessary information. Accused was in the office of the Income Tax Inspector after tho adjournment, and knew the date upon which the case was coming on. I* "as an offence not to attend and give such information. The department wanted a statement as to defendant’s banking account, and although large sums had been put through, as much ns £16,450 in one month, defendant would give no information to the department. He asked the magistrate to inflict a heavy penalty ; and endeavour to get defendant to attend and give tho necessary information. —Wallace Watson King, late inspector of the Income Tax Department, Dunedin, said defendant had made no return of income for many years. There was a default assessment out for 1923, which had not been paid.—Mr Adams said that until the man came and gave evidence of what he possessed, tho department could not assess him or know whether he had in income. Ho was evidently determined not ot give the information.—The Magistrate said tho defendant had had clear notice, and apparently it was a case in which defendant did not intend to give the required information. He would be fined £9 10 s (costs£4). —The magistrate remarked that if defendant did not now carry out his obligations he could be brought before the court again. Drill Defaulter.—Thomas M’Ewan waa charged with failing to render personal service under the Military Service Act.— Sergeant-major A. W. Johnson said that for the past, five years defendant had been anything but a good parader. As he came from Fairfield he (witness) gave him permission to stay away during wet weather. He had been given an inch and had taken a mile. —Defendant was fined 40s (costs 9s). Motor Cyclist Fined.—William John Styles was charged with carrying a passenger on his motor cycle, in other than a side chair; John Burke was jointly charged with being the passenger.—Sergeant Murray said he saw a motor cycle going along Melbourne street on April 18 with a man riding behind the cyclist.—Senior-sergeant Mnthieeon said tho two men left Gore on the day in question, each riding a motor cycle. Burke experienced trouble with his machine at Green Island, and his friend brought him to town behind him.—The magistrate convicted and discharged Styles, and fined Burke 5s Breach of By-law.—Arthur Brown was fined 10s (coats 7a) for failing to have a light placed on a heap of sand outside his icsidenco in Richardson street, St. Kilda.