MAGISTRATE'S COURT.

Otago Witness, Issue 3331, 16 January 1918, Page 18

MAGISTRATE'S COURT.

POLICE AND CIVIL BUSINESS. Further returns are available with respect to the police and civil business for 1917. Last year 2571 civil plaints were dealt with, the amount sued for totalling £23,680 9s 2d, the quarterly figures being

On tho criminal side there wore 1122 arrests, 1029 being of males and 103 of females, and tho procedure by summons involved 1210 persons, of whom 1110 wore males and 100 females, Tho quarterly figures show as under:—

DUNEDIN POLICE COURT. TjEnniSDAr, Jantjaet 10. (Before Mr H. A. Young, S.M.)

Two-up.—Arthur Dominio Plunket, Francis Alexander Hare, William Joseph Roberts, Arthur M'Dermid Roberts, and Dominio M'Laughlan, each through Mr B. S. Irwin, pleaded "x\ot guilty' to a charge of playing two-up on the Town Belt on the 6th inst.. —Constabio M'Cartney stated that ho saw accused on the Town Belt. All with the exception of M'Loughlan wcro playing two-up. A young man named Johnston was a spectator, and his parents came after him. The game then ceased. He interviewed all the defendants, and told Plunket ho knew where to find him when he wanted him. The others went to the Police Station and made the signed statement produced, and containing' an admission that they had played two-up. Continuing, witness said this game was played within 23 yards of the tram sheds. —In reply to Mr Irwin, he said that ho asked them to make a statement showing or explaining what they were doing. He saw what they were doing. The statements obtained would be evidence against them, but he did not get them with a view to getting such evidence, as _he had ample evidence without them. His object in getting the statements was to discover the ringleader. He did not tell M'Laughlan that if he made a statement ho would use him as a witness against the others. —William Douglas Robson stated that the accused were all comrades of his. On the day concerned ho was crossing the Town Belt in the vicinity of the Mornington par sheds, when_ ho eaw the defendants playing a game with two pennies on a stick. M'Laughlan was not playing. He saw them play for a quarter of an hour, when play was disturbed by a Mrs Johnston, who came for her boy. Since these proceedings commenced 1 some of the defendants had spoken to him, but nothing of importance had been said concerning the case. He had made a written statement to- the police, but Constable M'Cartney had told him what to say, and told him that if he did not he would be in the same trouble as the others. —Mr Irwin said that in the face of the evidence of the last witness he difil not propose asking the police to carry the case any further. The action of the police in obtaining these statements might be oxsen to criticism, but still this had nothing to do -with the actual commission of the offence. He admitted that the charges had been proved.—ln reply to tho lMagistrate ; iSulb L insneetor : Matnieson said that very little was known against the four boys, but, of course, Plunket had been before the court previously, and was tho ringleader. The others had given Constable M'Cartney ■ some trouble. —The defendant Plunket was sentenced to 14 days' imprisonment, without hard labour, the Governor to bo asked to have him transferred to an industrial school. The others were convicted and ordered to come ur> for sentence when called upon, the condition being that they were of good behaviour and obeyed the directions of Mr Cumming, under whose control they were placed.

Friday, January 11. (Before Mr H. A. Young, S.M.) Sunday Trading.—Edward Searl pleaded not guilty to a charge of keeping the Bodega American bar open for the purposo of trading on Sunday, January 6. —Mr W. G. Hay appeared for the defence and Sub-inspector Mathieson prosecuted.—Slergeant Shanahan gave evidence as to the Bodega bar being open on the evening of Sunday, December 23. Witness asked defendant if he was carrying on business as usual, and he replied: ''Yes. It would pay to be fined 20s and costs. I cater for about 1100 customers on Sundays.' The customers at the time were' being served with soft drinks and ices. The place was also open on Sunday, December 30. —Sergeant Scandrett stated that he saw the place open on Sunday, January 6.- The defendant said he hoped the police would visit the other shops, so that they would all be served alike. —Mr Hay said the defence was that the defendant carried on a business which was "a work of necessity." He would submit evidence to show that it was necessary, not only in the interests of public convenience, but of public need, that a shop of this class should be carried on as it had been. The burden of proving that it was not a necessity was on the police. This man's premises were classified under the Arbitration Act as a tea and luncheon room, and his Sunday hours were from 10 to 10. He supplied tea and hot pies and the like, and also cold drinks when requested. It might be argued that these American drinks were not a necessity, but he would point out that they had now.become a standard bodily need, and there were a multitude of shops serving such drinks all over the dominion, while the Government had installed them in camp. The carbonated drink had, indeed, largely displaced tea, and had, in fact, become a necessity—not an- absolute necessity, but a relative necessity—to the public. There was also the question of public convenience. There were very many girls and others living in rooms who got their Sunday meals at such places. They could get them as cheaply nowhere else. A shop like this profaned the Sunday in no sense, but rather served a public need, and it was stated that many people who attended church satisfied their appetite by the use of ■ these drinks after service. Finally, counsel pointed out that, in order to keep within the law tho had specially excluded lollbs and luxuries of that kind, ar.d these Amarioan drink 3 must be cor.stxued at this date as a.' "reasonable necessity." Mr Hay further quoted the remark of Lord Kenyon, Chief Justice, in the eighteenth century cas* against a baker: "I am for an observance of the Sabbath, but not for a pharisaioal observance of it. But must tho laborious part of the community, who are entitled to somo indulgence for the labours of the past week, faro harder on that than on any other day?"—His Worship pointed out that this case' had nothing whatever to do with drinks—Mr Hay said it referred to food. But it could not be contended that, because there were fountains where people could get water, that therefore there was no necessity for the sale of carbonated drinks. It was, as ha said, a relative and not an absolute necessity, and the point of "necessity" had to bo considered in a relative sense—namely, in relation to tho habits and convenience of the public- -The defendant, manager of the Bodega, said that the place was classified under the Arbitration Court award as tea and luncheon rooms. Ho did not stock sweets or such things as would bo looked on as luxuries. People living in rooms came to his place on Sundays for a light breakfast and a light lea. Assistants working

in tea room*, who did not have their homes here, were also customers on Sundays.— Cross-examined by Sub-inspector Mathieson, witness said it was a necessity to remain open on Sunday to supply the travelling 1 public with American drinks. Ice cream was a necessity.—Sabina Ford, formerly assistant secretary of the Hotel,. Restaurant, and Tea Rooms Workers' Union, said that there were hundreds of girls living in rooms in Dunedin, and they patronised a placelike the Bodega, where they could get a cheap meal on a Sunday. They could not afford to pay Is 6dl for a meal. —Mary O'Neill, chief cook at an hotel, said a placo liko the Bodega, where girls' could get a cheap meal on a Sunday, was a necessity^— His Worship said the supply of meals, even light meals, if bona fide ordered, would probably be "a work of necessity." As to what constituted a light meal was not necessary for him to determine in thiscase. It might be that afternoon tea, bona fide ordered, might be a light meal. The evidenco in this case showed that what was supplied were icecreams, American drinks, and strawberries and cream by themselves, and not in any way connected with wbat might be described as a lieht meal- Not being a light meal, the supply of these articles by themselves was not "a work of necessity." That being' so, the defendant must be convicted He would be fined £l, and costs (7s), on each information.

Alleged Assault and Robbery.—Donald Henry Campbell and John Healey were charged with assaulting: and robbincr Robert Price Wilson of four single one-pound notes and a cheque for £2O 8s. —The complainant, a labourer from the country, said he arrived in Dunedin on the 7th inst., and spent the following day about town, having a few drinks with different mates. Between 8 and 9 o'clock in the evening, when at the corner Arcade and Maclaggan street, Campbell spoke to him and put his arm round his neck and swung his head back, Healey at the same time, taking his purse containing the money and cheque out of his trousers pocket. The accused then made through the Arcade. He had been drinking with them during the day, when ho gave Campbell ss. He bad known Campbell all his lifo and Healev for thre« or four years.—Both men were committed for trial.

THE GERMAN ESCAPEES

COLONEL TURNER TO BE COURTMARTIALLED.

WELLINGTON, January 8

Sir James Allen, Minister of Defence, to-'day stated, regarding the escape of the prisoners from Motuihi, that the report of the Court of Inquiry had been carefully considered by Cabinet, and it_ had been decided to set up a court martial for the trial of Lieutenant-colonel Turner. As Colonel i. Patterson and Major OsbourneLilly were not present throughout the inquiry, it becomes necessary to hold a further inquiry, m order that they may be present and place their ease before the court. Subseqiieait action will depend on the report of the, court. From the report of the court, Majorgeneral Robin is the only other officer concerned, and the extent of his responsibility is under consideration.

COURT OF INQUIRY SET UP. WELLINGTON, January 9. The following officers have been selected to oonstituto-the Court of Inquiry to investigate the cases of Colonel Patterson and Major Osbourne-Lilly in connection with the escape of the Germans from Motuihi: — ' ■* '. , ~ Colonel Potter, Camp Commandant, Trent-ham. •Lieutenant-colonel Fletcher, of the Now Zealand Expeditionary Force (returned from active" service). Major Cooper (an Imperial officer, who lias seen" service in this war, and has been doing staff duties in Otago).

as under: — No. of Amount plaints. sued for. £ s. d. First'quarter 688 6,252 19 10 Second quarter 688 6,701 2 4 Third quarter 570 5,032 12 2 Fourth quarter 625 5,633 U 10 Total 2571 £23,680 9 2

ARRESTS. Males. Females First quarter ... ... 253 28 Second quarter 272 42 Third quarter 301 19 Fourth quarter — 193 U Total SrMMOXSES. 1019 103 First quail, r 295 24 Second quarter 298 41 Third quarter 252 IS Fourth quarter 267 22 Total 1110 ICO