MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 21, 19 October 1907, Page 8

MAGISTRATE'S COURT.

i THEFT FROM A STEAMER. . (Before Mr. W. G. Riddell, S.M.) A labourer, William Murnan, entered plea of not guilty to a charge of the theft < a roll of tweed valued at £4 from the Hu< dart Parker Steamship Company. ' Mr. Jael son appeared for accused, and Mr.. Tripp' fc the Huddart Parker Company. ■ . Robert Ryle, chief officer of the steamc Zoalandia, deposed that just before 5 o'cloc on Thursday evening he saw accused, wh was Avorking. in the hold of tho steamc Zealandia, standing over No. 3 hatch. H saw him take up his coat and throw it'dow tho lower hold, and then go down into tli hold. About six minutes later prisoner a] peared with something concealed beneath tr coat. He seemed disinclined to. expose tl contents- of .tho coat, but on a search beiii made the roll of cloth was found. Accuse half admitted that ho had taken tho clot! and then tried to back out by saying he ha found it on a' stringer- at tho bottom of th ship. . „ William tindsay, who was working m N( 3 hold, stated that he saw accused comin out of the hold with tho cloth under hi oilskin coat. . Constable Buttars gave, evidence as to tl arrest of'accused, who had owned up to tl theft of tho cloth, which was concealed in.tli sleeve of his oilskin coat. Sub-Inspector O'Donovan deposed that o arrival at the Police Station ■ accused ii formed him that he did not steal the- clotl but found it on a shelf inthe lower hold, an took it on deck with' him. Ho did not ha\ a chance of explaining to the chief oflicor. Accused stated that he found the cloth c a stringer in the lower hold, covered wit straw, and brought it up:to .show it to h mates. Ho did not throw his coat into tl lower hold and then ro down for it, as su| gested by tho chief officer, and had no intei tion of stealing tho cloth. His Worship considered that. on tho ov donee defendant had committed theft. Tl theft was a barefaced one, and accused won bo convicted and sentenced to fourteen day imprisonment. ' ■ ALLEGED OBSTRUCTION OF A RANGEI Thomas Smith pleaded not guilty to charge of having on September 29 unlawful] obstructed Patrick Fitzgerald, an Acclimatis: tion Society Ranger, in the oxecutiori of tl: powers conferred upon him under tho An mals' Protection Act. Mr. Grey appearc for the prosecution, and Mr. Wilford' d< fended. . . Fitzgerald sjtated that on Sunday, Septen ber 29, lie met Smith and another man wl: were carrying guns, and was attracted by tl: bulging'of defendant's coat. He went up I defondant and felt the article under the coa which from its weight and sizo he thougl was a hare. Ho produced his warrant, bi defendant would not show him what was ui der the coat.' Subsequently, after threatei ing to give witness "a crack," defendant an his mate ran away. . Defendant stated that on the day in que: tion he was accosted by Fitzgerald, who aske him what he had under his coat. . Witnes asked Fitzgerald what authority he had fc domanding to know, and refused to allow an search to bo made until some authority wa forthcoming. After hearing several witnesses for the di fence, who stated that no authority ha boen produced by tho ranger. His Worshi said he considered the cvidenco was cor tradictory, and tho information would be di; missed. REMANDED. The case of Edward Murtagh charged wit having wounded a child, Mary Lorraine Ti Leigh, with a razor at M'Donald Crescent o October 11, with intent to do grievou bodily harm, wfc remanded to. Octobor 2J on account of the indisposition of ono of th witnesses. Bail was allowed, in self £100 and tw sureties of £50 each. * AN INDECENT ACT. ' A well-dressed, middle-aged man. namei William Wilson appeared on a charge of hav ing committed an indecent act on Lambtoi Quay on Thursday night. Accused pleadei that he had no remembrance of the offence His Worship said there was no excuse fo accused. He would bo convicted and finci £3, in default seven days' imprisonment. INDUSTRY v. SPORT. A Mungaro'a sawmillor, William Burt, ap peared on a charge of having, on Septcmbe 14 placed sawdust near the bank of tin Narrow Neck trout stream, a, tributary o the Mungaroa stream, in violation of tho re gulations under tho Fisheries Conservatioi ■Vets Mr. Grey appeared for the Acclimati satio'n Society and Mr. Wilford for tho do fonco. . • e i, Reginald John Downie, ranger for tho Ac climatisation Society, deposed that defend aut's sawmill was situated on tho banks o the Narrow Neck stream, and sawdust liac been piled up on theibank. A fonco had beer orcctcd to keep tho sawdust out of tho stream but a change, in the course of tho strean had resulted in tho undermining of the bank and tho fence had had to be shifted back leaving a large heap of sawdust between tin river and tho fence. Witness had spoken t<

Mr. Burt about the matter on various oc- I casions, and had scut him notices stating that i the nuisance would have to bo remedied. 1 Mr. Wilford contended that it was not j right that tho timber industry should be • crippled because a few men wished to fish < for trout. i James Gorrio, of Mungaroa, deposed that ho had examined tho stream of lato, and could not see a grain of sawdust in it. William Burt stated that he had been sawmilling at Mungaroa for about five years, and this was the second time the Acclimatisation Society had prosecuted him. When he , saw any sawdust escaping into the river he put men on to stop it. His Worship said the regulations had the force of law, and no doubt when they were drawn up tho different interests were carefully considered. The case might be a hard one, but he must impose the minimum fine of 405., with costs £1 14s. Gd. A CHINESE CASE. (Before Mr. Riddell, S.M.). Loons Loui Qui and Low Chbng Yow were chargeu with soiling pak-a-poo tickets to William Herbert Bradley. On tho application of Chief Detective M'Grath a remand was' granted until October 25. Bail was allowed in £50, and one surety of £50, in each case. OLD-AGE PENSIONER IN TROUBLE. (Before Mr. Riddell, S.M.) An old-age pensioner, who was convicted of •drunkenness last week, appeared before Mr. Riddell, S.M. ; yesterday afternoon, to show cause why his pension should not be cancelled for the offence. Tho pensioner entered into an elaborate explanation, and pleaded that the conviction was not justified. _ Tho pensioner had a sum of £30 in his possession when arrested, which fact led to a searching cross-examination by His' Worship, . who did not consider the explanation of the pensioner altogether satisfactory. His Worship spoke strongly in reference to pensions, or any part of them, being expended on drink. . . ' Voluntary evidence as to defendant s good , character during the past'twenty years was • given by a former employer. His Worship said, the good character, given by witness would not alter his. decision. Ho would not cancel the pension, but would order the forfeiture of, two instalments. . ALLEGED INSULTING LANGUAGE. (Before Mr. W. G. Riddell, S.M.) A neighbours' quarrel resulted in an action ' by Alice Evans- against William Woods for ' the alleged -use ■of insulting and indecent language. Mr. Jackson appeared for complainant, and Mr. Cook for defendant. After hearing the evidence, His Worship dismissed tho' information, and ordered defendant, to pay costs, £114s. . . , \ MINOR CASES. A young woman named Ruby Kirk pleaded guilty at the Magistrate's Court yesterday morning to a charge of drunkenness in Abel Smith Street, and was fined 205., in default seven days' imprisonment. • Frank Strange, for drunkenness in Lambton Quay, was fined 205., in default seven days' imprisonment, and Honry Truman, on a similar charge, was ■ fined 10s., in default forty-eight hours' im- ' prisonment. One first-offending inebriate ■ was convicted and fined 55., in default ■ twenty-four hours' imprisonment. CIVIL CASES.'' (Before Dr. A. M'Arthur, S.M.) Judgment was given for plaintiff, in the following civil cases:—Dresden Piano Company v. Georgo Maginness, £10 Is. 10d., costs £1 14s. 6d.; flutt County Council v. Burrell, £9 Is. Id., costs lis.