MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 201, 19 May 1908, Page 4

MAGISTRATE'S COURT.

■ POLICE CASES. . ■ ' ..- '(Beforo Mr? S.M.) ; ' ' : : A SEAMAN,-• IN TROUBLE:-:'" ' ; ,BydnjßX,,lientiiS9i[^'an;seaina'n oii not' ;% i'.cnarge ojj' 'Miy ls.disqlK!yea.:th(i lawfjil commai'ids''bf ;tf,eiijamiiißansby, "mate; of-'tlio'vosSel.' '.-v,, V '' ■' Evidonco. .was, gjvon' by--the , mat 6, of . the boat to tlio.,!ep'ect' ! t'llat ,; defd'n(}Aift ; tifced'tiaid lati'guSge' iii'.front} dPtlio"'cabin',' and- refused td'" gd-' away'• whtitf ordered 1 to do' ! .so;-By' tho' mato; .' ■ " ■" '■•'■' y

Defendant stated that''if-"he' did do' : what was complained of ho was- not awaro of it. He, had-a little drink in him at-the time*. 1 Ho would ask for. a ■.chance to go., back to liis ship. Defendant was convicted rind, fined 10s., and costs' 75., in 'default 24 hours' imprisonment.

ACTION FOB(ALLEGED CRUELTY. ,' 'FAILS. • James Phillips was charged by the Society for ' the' Prevention of Cruelty to Animals with cruelly, ill-treating a'hprso by working it. whilst .it, was in a. state. unfit to work. ' . Frederick Seed, Inspector of tho'"Society' for "the Prevention of,, Cruelty to- Animals, stated that on April 10 he saw the horse in question standing opposite the fruit market. Tho animal'could scarcely put cither of its', foro' legs' to the ground. ' Witness came' to tho conclusion that the horse was suffering froril -navicular 'disease, also from contracted tendons. .He arrested tho horse and had 'it examined; by a veterinary . surgeon, who said it was not fit to.'work or, to live. The horse was destroyed next .morning on tho ordor of a Justic'o of the Peaefe. ,Wrii. .0. Quinnell, veterinary .surgeon, deposed that tho horse was -suffering great pairi.;. He did" not think the bwncr could fail .to notice, that the. was in pain'. Tho ihorso was in fairly good condition. • For-the defcnco.'.it was, urged that, the prosecution must show ■ that defendant had a guilty knowledge, which, it was argued,' had/not, been proved. , James.Phillips, dealer, owner, of the horse,', deposod. that the' animal was used in ' a light express for hawking'- vegetables. Tho horso looked all right, arid an examination of the legs showed nothing wrong. Sergeant Stewart knew the horse in question, and had nover noticed anything wrong with it, except that it appeared to. be uneasy at. times... Constablo .Longbottom '.gave', similar'evidence...

i /His.. .Worship hold, that the'f.p' was, some doubt.. in- ,tho . matter, and defendant ; must, havo the benefit of it'. Tho information would bo dismissed, i Mr. .Webb appeared! for tho prosecution, arid Mr! ,o'Leary for the doferice. YOUTHFUL OFFENDERS. Fotlr young men, all under 18 years of age, named Albert Murphy alias Woods, Edward Wilton, anil two other lads, .camo forward for sentence on a charge of, on May 13, at Wellington,having stolen a quantity-of;.Copper,' value':'ss.,. the property of Chas.'F. Pulley..-}'':, Sub-Inspector O'Donoyan stated that tho youths were fourid stripping . ..copper.' off a number of piles • on the foreshore. They had been thoro before, arid sold tho copper for ss. Murphy ;and Wilton had been before the Court .before on a cliargo of .theft of copper, Co. Al.r. j' : Johnston;..-fp'r •.•Murphy, stated " that the piles - lying; on tho foreshore, and under tho circumstances tho offence was not as-serious; as-' : the prpviolis ono defendant had been convictpd of.. .Counsel realised tliat something must bo dorio with tho boys for their own good. , Ho know tho Court was averse. to thrashing, but suggested, a-fur-ther rtonand-' should bo granted,, 'and; that tho boys should in tho mcant\iiie bo 'punished by their parents or in th'o','alternative that .the Court should act- under 'the ■ Industrial Schools Act, > arid ; send the' ! boys to 'ono of .the schools.-' ••' - " V ..- • Mr. Herilman. said that,, his' two clients 'had noyer-been'A'chargcd. with theft before. •Ono of the boys-had . never been before the .Court before, arid, therefore, counsel asked 'for leniency', and suggested that these, two ;lads should be convicted and ordered to come 'up for .sentence when called lipbi). ' I His''Worship remarked that the theft did jnot ariiount to much, but Murphy and Wiljton had -been before -the Court; before; and jtlio leniency extended had had - little effect ,on thein.'. ;Wheii there : was a "chance of ■young-men'turning over a riew loaf the Court •was averse., to . sending ,them>to. gaol., • They '■'wore over tho ; n'j?o wheri'corporal puriishmcn't andj.tfcoy;did.,ju}t.:icoiisent,

to it. However, the boys had been in prison fiy6 days, and ho would givo' them' a c.ianeo by imposing ■ a monetary penalty. Murphy and Wilton, who His Worship had been addressing, would encll ho convicted and fined £3, in default 21 days' imprisonment. As far as the other two accuscd we.ro concerned, bo would- point out to them that the future depended upon themselves. They would each bo convicted and ordered-to come lip for sentence when called upon, and he ti listed they would profit by their experience. UNLAWFULLY ON PREMISES. .A middle-aged man, Cornelius Sullivan, was charged that on May 17. .at Wellington, lie was lomid by night without lawful excuse in a dwelling i u Tory Street, the property of tho Rhodes Estate. According to the polico defendant was found sleeping in ail unoccupied houso in Tory Street. Defendant said ho bad been wbrking at Stratford, and camo. to Wellington, arriving too late to get lodgings. He had money ill the bavings Jinnk, and was prepared to go bacls to his work. His Worship entered a conviction, and ordered accused to eonio up ■tor when called upon, on condition that, ho, would go back to his work immediately..

A BREACH OP THE PEACE. Henry Koogh and Charles Edward James ; J ones both pleaded guilty to having behaved .'in a threatening manner, whereby a breach ;ot the peace was occasioned in Taranaki Place. , Sub-Inspector, O'Donbvan stated that tho 'two men collected a crowd of 200 or 800 ■people through fighting outside the Sham■rock boardinghouse. They were fighting .furiously when the police came up. Each defendant was convicted and fined 405., .in t? c SOVGn days' imprisonment. Defendant Jones was also convicted and lined. £o, in'default 21 days' imprisonment, .lor ■ resisting. Constable Mahoney whilst in ( the. execution-of his duty. • .

j SERIOUS CHARGES. ; A middle-aged'man named John Griffin .was charged with having, on or about May 110, at ' Wellington, indecently assaulted a •girl under tho age of 12 years. Sub-Inspec-tor 0 Donovan stated ' that ■ defendant had [only been arrested. on Sunday afternoon, and he therefore, asked for a remind until ■Wednesday,; on 'which"date it might be neces;sary to ask for a further remand. , A young man named Arthur Nankivcll appeared iii answer to a charge that, on May 15, at Lower Huit, he committed aft offence against a girl 14J years of age. Mr. Wil,ford, who appeared for accused, asked for remand until May 2/, as it would be necessary to call witnesses.' Bail was allowed in the sum of £50 and one surety of £50. . ;■ . miscellaneous;: '... Sarali Waters. (Mr. P. 'W. Jackson) was granted a separation order from William 'Waters (Mr. Hordman) oii tho'ground of persistent cruelty. Tho defence was a comdenial of tho acts complained.,of. . William .Pringle, who did not apiiear, was convicted and fined 205,, and costs" £1 125.;,. in • default seven days' imprisonment,, for having, on 1 May 4, on.Glasgow Wharf, made .use of. abusive.languago to . Dariiol Glbnnio an. ,employee of- tho. Wellington • Harbour Board. . .. .

Ivor, insobriety, Annie Mooro was ,convicted and lined 205., in, default seven days' imprisonment. Four first, offenders wero also charged, one boing convicted and lined'. 105.,' in-,default,'4B ,hours'_ imprisonment; another ss. or 24 hours' imprisonment, ■ and two. others wore convicted and discharged.' : John Millno was convicted--and ordered to come up for sentenco when called upon for having been found by night 1 without lawful excuso in an enclosed: yard in Taranaki, Street. Charles Henry Rushton.was ordered to pay tho.sum.of:los. nor .week towards.the support of his wifo, and also 4s. per weok towards -tho support of.his child.,