MAGISTRATE'S COURT

Dominion, Volume 2, Issue 320, 6 October 1908, Page 4

MAGISTRATE'S COURT

POLICE CASES. (Before Mr. W. G. Riddell, S.M.) A VALUELESS CHEQUE. Basil Gordon M'Elwain and John Barrett appoared on remand on a charge of having, on September 2G, obtained of and from 0110 Barbara Dixon, the sum of £2 15s. by means of falso pretences, to wit, a valueless cheque. M'Elwain had already pleaded guilty, and came forward for sentence. Mr. P. Jackson appeared for defendants. Basil Gordon M'Elwain, waiter, stated that lie went to tho Commercial Hotel with accused (Barrett) 011 September 26, and cashed a valueless chcqu.. for £2 15s. in tho

presence of Barrett, Before tho cheque was I'aslied the barmaid raised'the question of tho bona fides of witness, wheroupon witness introduced his mate as Jack (Detective) Cassells. Tho barmaid then cashed the cheque, apparently on the strength of tho namo Cassells. Witness had known Barrett for somo months, and had frequently got loans from him. Barbara Dixon, barmaid at tho Commercial Hotel, knew the two accused, who called at the hotel on Dominion Day. M'Elwain introduced Barrett as Detective Cassells, and witness cashed tho chcque, which cheque she had refused to cash earlier in tho day, when M'Elwain came in by himself. Tho chcque was presented at the bank, and returned marked "no account." Witness did not know . Detective Cassells, but thought tho fact that Barrett was with a detective was good enough ground to warrant tho cheque being cashed. Barrett said he thought tho cheque was nil right. John Barrett stated that lie met M'Elwain 011 Dominion night, and went into the Commercial Hotel with him. M'Elwain had a cheque, which ho said was all right, and when they got into the hotel M'Elwain had a talk with the barmaid, but witness did not know what took place. Tho barmaid asked witness if the cheque was all right, and witness said "I think so.'' Witness took 10s. of the money, as lie vre M'Elwain a good deal of money at different times. Witness had no doubt in his own mind at the time that tho chcque was genuine. M'Elwain had said it was his corner" of a dividend on Itoyal Maid. ■■ M'Elwain was convicted and fined £5, and costs 10s., and ordered to refund the £2 155., in default ono month's imprisonment. Barrett was discharged. CHARGE AGAINST A DRAPER'S Assistant. John Ernest Price, draper's assistant, appeared on summons on a charge of having, on September 24 at Wellington, stolen one sovereign, tho property of the D.I.C. Company. A plea of not guilty was entered. Evidenco was called to show that an officer of tho company decided upon a scheme which was to detect employees who wore careless in the matter of giving out change. The £1, tho subject of the charge, was, it was alleged, not accounted for to tho company. After a partial hearing, tho case was adjourned until Wednesday. Mr. Wilford appeared for defendant, Mr. Levvey watched the case on behalf of tho D.1.C., and Chief Detective M'Grath conducted tho case for tho prosecution. INSUFFICIENT MEANS. Jessio Hay, alias Hempthorne, an elderly woman, appeared in answer to a chargo of being an idlo and disorderly person within the meaning of tho Police Offences Act, 1908, in that she has insufficient lawful means of, support. A conviction and sentence of threo months' imprisonment was imposed. OBSCENE LANGUAGE. ' Wm. Whiteside, alias John Nully, was charged (1) with insobriety, and (2) with haying used obscene language. Accused pleaded guilty to' both charges. A conviction and line of os. was entered on tho first charge, and on.the second chargo a sentenco of twenty-one days' imprisonment was imposed. MAINTENANCE. ; Samuel James Gow was charged with failing to provide his two children with adequate •means of maintenance. Defendant was 'ordered to pay 7s. per week in respect of .'each child and £1 Is. costs. Mr. Blair appeared for complainant and |'Mr. Neave for defendant. MISCELLANEOUS CASES. Patrick M'Gill was further remanded until Wednesday on a charge of having, at Wellington on September 21, assaulted and robbed ono Henry Webberly, of the sum of £20.. On tho application of Air. Wilford for tho defence, bail was allowed in the sum of £50 and ono surety of £50. A stoutly-built young man nafned Richard Miehlko was remanded until Friday on a chargo of having unlawfully incited a certain woman to resist Constable Havclock whilst tho latter was in the execution of his duty. On the application of Mr. P. Jackson for tho defenco bail was allowed in tho sum of £10 and ono surety of £10. ■ Denny Win. Quill pleaded guilty to a charge of having been found in possession of a battle of beer during tho currency of a prohibition order. A conviction and fino of 40s. and costs 75., in default seven days' imprisonment, was imposed. Lucy Smith, who failed to appear in answer to a chargo of importuning, was convicted and fined £2, in default ono month's imprisonment. Annie Moore, alias Johanna Cossgrovo, charged with habitual drunkenness, was convicted and remanded until this morning for sentenco, in order to givo her an opportunity of getting away to her people up tho country. Chas. M'lvor, charged with insobrioty, was convicted ahd. fined 205., in default 7 days' imprisonment. Henry Martin, Thos., Easton, Cyrus Arthur Annison,' and Alexander Dick, similarly charged, wero each convicted and fined 10s., in default 48 hours' imprisonment. Five first offenders were fined 10s., and ono was fined ss. RESERVED JUDGMENT. CHARGE OF CRUELTY DISMISSED. Reserved judgment was given by Mr. W. G. \Riddcll, S.M., in tho case of tho Polico v. Robertson, a chargo of ill-treating a dog by not bandaging its log, which leg had been broken by shot. Air. O'Leary, for tho defence, quoted authorities to show that passive behaviour did not constitute ..cruelty. Counsel urged that thore could be no illusage unless something was definitely and actually dono to inflict pain. Alerely doing nothing to heal a wound or euro pain was not cruelty. His' Worship .upheld this\view, and- quoted the caso Armstrong v. Mitchell (67, J. I'., 329), where .cruelty was held to be unnecessary ill-usage by which tho animal substantially suffers. Passive behaviour was not sufficient to constitute cruelty, vide Everett v. Davics (26, W.R., 332) and Powell v. Knight (42, J.P., 597). The facts of tho case showed that defendant had acted passively. Tho information would be dismissed. At the .Mount Cook Polico Court yesterday morning, before" Mr. J. Collins, J.P., William Devlin'was'fined os., or iii default 24 hours' imprisonment, for being drunk and disorderly. ' James AVilson, for drunkenness, was fined 205., or 7 days' imprisonment in default. Albert Palmer and Edwin Arnold, for drunkenness, were convicted and discharged. Of six first offenders, two wero convicted and discharged, and the other four wero fined 10s., or hours' imprisonment in default. The name Bartholomew Maloney, which appeared by a typographical error in this column yesterday, should have read Bartholomew Mahoney.