MAGISTRATE’S COURT.

Taranaki Herald, Volume LXVII, Issue 16507, 7 August 1919, Page 2

MAGISTRATE’S COURT.

APPEAL BY ALLEGED DEFAULTER. PLEA OF AMERICAN - CITIZENSHIP. In the Magistrate’s Court this morning, before Mr. W. R. Al'Jiean, S.M., Charles Clifford Oakes applied to have his name removed from the list of military defaulters on the ground that it had been ’wrongfully placed there, he being an American citizen. Major E. P. Cox, group commander for Taranaki, in stating the position, said that appellant was drawn in a ballot early m 1017, and was examined and classed “lit A’’ on May 28, 1917. Lie was ordered to proceed to camp on June 25, but lodged an appeal on June 12. Ho failed to appear before the . Appeal Board, and his case was adjourned to July 12, when he again failed to appear, and his appeal was dismissed. Ho did not proceed to camp on July 25, and a. warrant for his arrest was infflie hands of the police until about the middle of last June, when he was apprehended. He was taken to Palmerston North for courtmartial, but lodged his present appeal on the ground that he was an American citizen. On attestation Oakes had said ho was an American citizen, had been born in America, and did not know the name of parents, who bad never resided in New Zealand. He said ho had been in New Zealand for four years prior to 1917. Under cross-examination, appellant said he had an uncle (Ceorge_ Oakes) living in New Plymouth. He had been brought to New Zealand when between four and five years of age by bis father, who then left him. H 6 did not *know his father’s name, hut had been told by his uncle that it was Jacomb, or something similar. When hei said on attestation- that lie had been in Now Zealand for four years he meant it was four years since he od from Sydney, where he had stayed fur a fortnight. He asked Mr. Young, secretary of the Seamen’s Union, to appeal on his behalf because, after lodging his own appeal, lie thought ho would bo going away to sea. At the time the appeals were to bo board, he was at Tahora with a cut foot; he had been felling bush. Major Cox pointed out that Oakes’ persoiftl appeal had boon made on the. ground that he was a marine stoker and for no other reason. Tile magistrate dismissed the appeal. INCIDENTS ON VICTORY DAY. Ernest Arthur Phillips, frrfiterer (Mr A. A. Bennett) pleaded not guilty to a charge of assaulting Wallabh Soma Moral, a Hindu fruiterer, on July 19, Victory Day. Sub-Inspector Hutton, in outlining the case, said that the_ action of defendant. who was the worse for drink, caused a crowd to collect, and there wys almost a riot. Ho was warned by a policeman to keep within his shop, which was on the corner next to Moral's, but had to bo again warned later. W. S. Moral deposed that at 4.30 defendant came to the door of his shop, told him that his shop should be shut, ■‘spoke swear words, knocked him in the face,” and broke a wjr© connected with the door of the shop. Witness dosed his shop when Phillips left. In reply to Air. Bennett, witness said lie. had not received notice that the fruiterers hud agreed to close from 11 o’clock to 6 o’clock on that day. David Nahna Aloral, brother of the previous witness, gave confirmatory evidence. Constable Nolan gave evidence as to warning Phillips to keep within his shop because of animosity ho was displaying towards the AloralsiV He did not witness the alleged assault. Air. Bennett pleaded on behalf of defendant that he was actuated by a desire to avert trouble by inducing the Hindus to close their shop. He had no connection with a more serious disturbance which occurred at 6 oVlock. Defendant gave evidence to the'effect that on arriving in the centre of the town with his wife, with whom ho had been to Pukekura Park bo saw a crowd in front of the Hindu shop, and on the impulse of the moment went and warned them to shut the shrfp to avoid trouble. He did not think he touched Aloral. Ho did not know why people said lie was under the influence of drink because ho thought ho had not bad more Hum one glass of beer. His laco might have been Hushed because ho bad a cold. In reply to tho Sub-Inspector, Phillips admitted that he tad not like Aloral and the latter did not like him, though tuey had nob previously had any words. Aloral had offered to buy him out, but ho refused to sell. He did not remember addressing the crowd while remonstrating with Aloral, nor could he understand why it was said tho called the two Hindus “hiatus

Ethel Phillips, wife of the defendant, stated her husband was quite sober when slio left him ou tlie way back from the Park. When the six o'clock disturbance occurred her husband was ■u the shop cellar, and she remarked "I'hauk Uod the boss is iu the cellar 1” i ils Worship said that there .vis evideiico that .Moral was struck by Phillips, and the latter did not definitely Many that he committed the assault, iia would bo convicted and fined £1 anu costs 19s. Andrew Williams was then -charged with assaulting David N. Moral, and v. alter Henry Doylo was charged on three counts with assaulting W. H. Me nil, breaking sio bottles of lemonade valued at <is Sd, and breaking a pan© of glass valued at .il. Pleas of guilty were entered. 1 roin the statement of Sub-Inspector Hutton it appeared that, following on the happenings mentioned in Phillips’ case, Doyle entered tho Hindu’s ■ uup and set oil’ fireworks, and on being told to leave grappled with Moral. In the Mu-ugglo a stand containing Jemomilo was knocked over. Williams joined in. saying one of bis '‘cobbers” was being assaulted, and a general melee ensued. Subsequently Doylo deliberately put hu u'hmv'through a glass pan©‘in the door Potli defendants gave 'ucotrcct names and addresses to the police. Doylo stated that ho was under the influence of drink, and that it was tho first time ho had been so since returning from the front a few mouths ago. Williams was fined £1 (costs 7s), Doyle was fined £1 (costs 7s) on tho first charge, and was convicted on tho other two and ordered to pay £1 6s Sd to cover the damage. MAINTENANCE CASES. William Lints was ordered to pay 10s per week, commencing from March 22 last, towards tho maintenance of his son Lionel at the Nelson Industrial School. An application for the variation from 7s 6d per week to Ids of an order against C. Coleman (Mr. A. H. Johnstone) for tho maintenance of an illegitimate child, was granted.. j