MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 330, 17 October 1908, Page 9

MAGISTRATE'S COURT.

POLICE CASES. \ J (Before Mr. W. G. Riddell, S.M.) ' ] PAK-A-POO. ' CHINESE BEFORE .THE COURT., > : Joe Hee and Yin Lee,appeared on.remand •' on a charge of having,on October 6, at Hain- • ing Street, disposed of' a ticket, by which : permission was given to, the" person' obtain- ; ing tho same to have an interest in 1 a certain' lottery whereby prizes; are gained by a mode „ of chance. • ■ !' . : ' Two other Chinamen, Charlie Quinn and ' Louis Poy, also appeared on remand on a ' charge similar to tho above, but on a different date, October 8, Mr. Herdman appeared for defendants, all of .whom pleaded guilty. Chief-Detectivo M'Grath-; informed, - the Court that defendants-were not' the principals, but only acted as agents for the sale of the pak-a-poo tickets. Their premises were visited by probationer}' constables, who purchased tickets. As far as the police knew, .the' accused had no means of subsistence other than by the sale .of these tickets. . Mr. Herdman asked, that \a reasonable fine should be indicted upon his clients. They were poor men, who" had to struggle for a living. . They, did other work, but supplemented their small income by the pittance they earned by the commission , on the sale of tickets. .'. . ■ ' His Worship said-each of the defendants would be convicted and fined £10, and costs ■75., in default'jon<£ month's imprisonment. ; . ■ - ; ' A CABMAN'S OVERCHARGE. Thomas Lane was charged that on September 24, at' Wellington, being the driver of a licensed vehicle, he did charge one Jack M'Millan a greater fare, to wit 305., than was for the time being authorised by the Wellington City By-Law, 1908. ' Defendant 'did not appear. Evidence [.was called to show that defendant was engaged' in" Molesworth Street at 11.30 p.m. to drive a party to Revans Street, and'to bring ■ another party back." Tho legal fare was 75."6 d.,' ana~defendant • charged ■ and. collected 305.; Defendant was convicted and fine 405., and costs lf)s., and ordered to repay 'the difference between the legal fare and the fare charged, in. default seven , days' imprisonment. CHILD DESERTION. A young woman named Rita Evans, alias Partridge, alias Patton, pleaded guilty to a charge of having on October 10, unlawfully deserted her child Vida Dorothy May Evans. Accused was remanded, until this'morning for 'sentence. CRUELTY TO A HORSE. Harold Radford appeared in. answer to a charge of having, on September 30, at Wellington, cruelly beaten a horse. Defendant pleaded not. guilty, but after hearing the evidence, his Worship entered a conviction and fine of 405., and costs 165., in default seven .days' imprisonment. MISCELLANEOUS. A young man named Frederick Flan was convicted and fined £3, in default fourteen days' imprisonment, on a charge of -indecency. . . Cado Louis was convicted and fine 10s., in default 48 hours' imprisonment, for insobriety Wm. Waters appeared oil remand on a chargo of having- been found in a state of helpless drunkenness at Masterton on October 8, and was convicted and ordered to pay expenses 17s. 6d., in default 48 hours' imprisonment. Two first offenders Were each .convicted and fined-ss. BY-LAW CASES. Arthur Allen Lewer was convicted and fined 205., and costs 75., for allowing a bull to wander at Karori. ' A charge against. Wm. John Monaghan, of ' allowing a cow to wander at Karori, was dismissed on a technical ground, the ranger not being able to produco his authority to the Court. Mr. Wilford appeared for defendant. . . ' James Fairway was convicted and. fined 10s., and costs 75., for being the occupier of premises, the chimney of which was allowed to catch fire. Clias. John Johnson and Villielm Jensen were each convicted, and ordered to pay costs 75., for failing to keep certain water-fittings in good repair. CONSORTING WITH THIEVES. . • AN INTERESTING DECISION. ' An interesting reserved judgment was given by Mr. W. G. lliddell, 5.M.,-in-tho case of tho Police v. Wlliam Stevens. Defendant was charged under Section 4 ( J of the Police Offences Act, 1903, with being an idle and disorderly person, in that he habitually consorted with reputed thieves. Under the Act, it is provided that every person who habitually consorts with reputed thieves or prostitutes or persons who have no visiblo lawful means of support shall bo deemod an idle and disorderly person within the meaning of tho-Act,.and be liable to imprisonment for any term • not exceeding threo months. Tho evidence against defendant consisted of tho sworn statements of several police detectives. When ho said to Detective Andrews: "If you let 1110 go: I'll take tho ten train to .Kaitoko. I can get a 1 job thcro, and you won't get mo consorting any more." Defendant' had not given evi- ' dence, so that the statements of the witnesses ! for the prosecution ■ stood unchallenged. Counsel for the defence contended that there 1 was 110 proof of habitual consorting by de--1 fendaut, that the convicted thieves in' whoso [ company defendant was seen should not be taken into consideration, as they wcro not | reputed thieves within the moaning of the words in tho statute, and that tho evidence was generally insufficient. His Worship pointed out that what amounted to habitual consorting with re--1 putod thieves, etc., had already been dis- ' cussed, and decided in the cases of O'Connor v. Hammond, 21, N.Z.L.R., 575, and O'Connor v. Johnston, 5, G.L.R., 515, and tho Court thought tho evidence given was 1 sufficient to show habitual consorting on tho 1 part of defendant in accordance witli the de-

cisions in these cases. It was the business of the police to keep their eyes oil suspicious characters, and to make themselves aware of their reputation. His Worship thought the evidenco of the defendant's knowledge of the character of the persons with whom he had been seen was sufficient. Another argument for the defence was that those persons namod\by the prosecution, who had been convicted of theft could not be considered as reputed thieves within tho moaning. of tho words in tho statute. A person's reputation for being a thief would, his Worship said, merely bo increased by a conviction for theft, and would still be retained by tho individual after service of his sentenco. Tho defendant would bo convicted of habitually consorting with reputed thieves, and sentenced to one month and one day's imprisonment. Security for appeal was fixed in the sum of £10 10s. Ponding tho decision in the appeal, defendant was allowed bail in the sum of £10, and one surety of £10. Chief Detective M'Grath conducted tho case for the prosecution. MOUNT COOK POLICE COURT. At the Mount Cook Police, Court yesterday, morning, before Mr. Thomas Bland, J.P., William Ballantyne, for drunkenness, ■ was convicted, and discharged. William Boulton, charged with being drunk and disorderly, was fined 205., or in default seven daysimprisonment. ,