MAGISTRATE’S COURTS

Waikato Independent, Volume XXVII, Issue 2768, 7 April 1927, Page 4

MAGISTRATE’S COURTS

A SPECIAL SITTING. INDICTABLE OFFENCES. .. . A special sitting of the local Magis-, trato’s Court was commenced at the Courthouse this morning, before Messrs 0. H. Priestley and A. H. Nicoll, J’s.R Trouble in Soad Gang. A young man named Herbert Smith, an employee of the Waipa County Council, tvas charged with assaulting John Morris Scott, another council employee, on x\pril Oth at Pukckura. Accused, represented" by Mr Ivingsford, pleaded not guilty. Constable Cleary said accused had been employed as a lorry driver tor the Waipa County Council, and was working with a gang at Garland’s pit, Pukckura. He tvas dismissed yesterday morning and returned to the gang in the evening in a drunken condition. He had subsequently quarrelled with Scott, and assaulted him by striking him in the face. Accused had admitted when arrested, that he had struck Scott. He was then in an intoxicated condition.

John Morris Scott, the employee of the council assaulted, corroborated the police statement. Witness had instructions to take over accused’s lorry, and this liad apparently been the cause or the grievance. To Mr Ivingsford, witness said accused know his position with the council was only a temporary one. When ae-

•v-.od had entered his hut in a quarrelsome qmj drunken condition, witness laid not tried to push him but and had not used bad language to accused. Subsequently accused invited witness to his hut and .appeared quite .friendly until suddenly he said, “Scott, I’m going to crack you on the jaw.” Witness and another member of the gang lmd attempted to pacify accused. Mr Ivingsford said accused had hit complainant under provocation. He characterised the affair as of a trivial nature.

Tliis opinion was held by the Bench and the ease was dismissed with S/ costs against defendant. Theft from Employer.

‘Darcy Puapue Hammond, aged 21, a well-dressed native, pleaded guilty to a charge of the theft of a watch and torch from his employer, Mr Forbes Herbert Anderson, farmer, of Hautapu, in [March last.

Constable Cleary stated that prior to the time of tho theft accused had been employed by Mr Anderson as a farm? hand, and had resided in the house. Two indictable charges were pending against accused for. further thefts from his late employer. Accused had a number of previous convictions and was wanted for a breach of a probation order issued at Wanganui. Accused was convicted and remanded to the Supreme Court, the stolen property to be returned to the rightful owner. Further Thefts. On two further. counts Hammond was charged with the theft of various articles and money to the total value of £ls 3/4Constable Cleary outlined the circumstances of the charges and said that, some of the stolen property had been disposed of by accused. Clifford v Bertram Cubis, a factory hand, resident at Hautapu, said he knew accused when employed by Mr Anderson. On the evening of March 26th he went over to Mr Anderson ’s, and on approaching the house saw a map getting out of the window. He did not inform Mr Anderson at the time as Jic thought the man was a visitor: Subsequently he found that there wore no visitors at Anderson’s and with his father returned and informed Mr Anderson who- then discovered that the front bedroom, had been rifled. (Left Sitting).