MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 419, 30 January 1909, Page 8

MAGISTRATE'S COURT.

(Before Mr. W. : G., Riddell, S.M.) ' ,- ■■' . ■ -■■;=•: - . ■'■«'■ ' ; BETTING WITH INFANTS, , BOOKMAKERS FINED. Harry . Fenwick, bookmaker, pleaded not guilty to a charge of having, at tho Miramar races, on January 21, made a bet with a person whom he know to be an infant. Uuef Detective M!Grath conducted the case for the prosecution, and Mr. Mtzgibbon appeared for the defendant. ' loko Temaari,. of Kohinui, 18J years of age, stated that he was at the Miramar races on January 21, and saw/defendant put ss. on a horse called "Billy" with him. Defendant was .calling out the odds, and, when witness- handed: him us., gave a ticket (produced) in return. Witness put the ticket in his pocket. Detective Cassells then came along,, and tdok possession of it. Detective Cassells stated that lie saw a'cousedgetting.at the Miramar races on January. 21, and.saw him make a bet with the previous. witness." ■ The defence was an absolute denial of knowledge of the bet with the boy.. Counsel suggested that, where it was'shown that a bookmaker took all reasonable precautions this should be considered by the-CPurt, r? -2 , an -offence had been committed the Lourt'should impose only a nominal penalty. Henry Fenwicjc, bookmaker, stated that he made it a practice of'asking the age of any Person who appearedto be. under age. He'had ottonded a number by asking the question, but hevstill -persisted'in-it, ' Witness had no recollection of making the bet with the 'boy in guestion—in fact, .he' did not remember •seein^.liim.' , ,'■ - r .:'' '-'■'■"■;■ -.-'.■;. .;. His., Worship" remarked' that' defendant made himself liable to a -penalty up to.£loo. Jn .the opinion of 1 the Court: the case was proved, and defendant would be convicted and fined .£5 aird; cost's'-. £4 Is. 9d.. •'- v' . - Hunter, aHasHutchinson, bobkindicer, pleaded guilty to a similar charge ■'to tKe above. ' Chief: Detective M'Grath said'tho case wasexactly the same as'the'last one, except that -the ;■ boy who made, the bet was not a.Native. :'A conviction and fine of £5 and costs £2 ss. was, entered. ■ ' ';.■; .;:_' OBJECTfoNABLE LITTER. ; : ; .':'. Angus, '.pleaded not guilty, to acharge of beingftjie: occupier of premises in I| *?'? U(1 I :Street,, o>:which; rubbish' had been allowed accumulate, so to 'cause an offensive'.smell.;". ; .-. ; ."'Evidence was given, in support of theprpse'cntion:that defendant's premises were littered vv-itn- an-, evil-smelling mass of decayed fish neatls. decayed potatoes and manure, with a -general dressing of putrid- vegetable matter. 4Jetendaiit said'that he had not noticed any smel l "ion?; the :yar,d, and" could not unders*? I nd ;4 he , -Witnesses saying .what 'they had said.' -,Hehadsomehorses, and bcoasionally got some cheap;.food for, them. He also had about A) oatssto take care of,.and had to store food tor-them. , .... ■:■■ :■■ ■.■:'. ■'.'.,, • (r,, HiS f :^°" hi ?' in « I ' teri ng. a conviction aria ■fine Qf ,2ps.\and costs' £2 45.. warned defendant that he must.clear the rubbish away, or he be coming; before-the ..Court'again. ;j: : ■:-.:; .v,Tp;pEA;EIFLE-AGAIN. . 7 --' ~^A.. young.:man. nairied-' William ■': Robert htearns entered; a plea "of guilty to> a , charge ot-; having, on; January 13,. discharged a pea rule.without reasonable" excuse so as.to enuanger passers-by. •-■."' ■ : , - :. ...■: ;.r:Station^ergeant ; Darby Stated .that; the pollot.from tho rifle, grazed the ribs of a smalliboy, •■ ." : , >v,- .-; .- -r ■ defendant; arid warned hi n" that ..the ,cliarg e --against him: r ,mi.glit easily have been ; a more serious one''' A conviction and.fine'of 205.. and costs'Ds"'- , was oiiterod. ',-,-'•./, "', -, ■, ■ . tj' ] ,y. >;..',;A'Ro6m-MATE!S RING; ".' ■ r.^α, young -William John Wood , Chief ■ M'Grath' stated ' that accusecl. and complairiant ■ were room-mates in .a house in .Cambridge' Terrace.'; -Accnsed told ;-!H a ';J! la t 6 ; !}«■ was ; ;about. -to.,get, ; : work jeweller's ishop, and. asked jhim for 'the rinfi : ,ri»g and ■-■ . Accused said .he had .never, been in Court before. .He'had been'"drinking heavily, and this.was- the cause. ;of;,his trouble.' He'had m w- 6 % hl l mind n °t (to .drink 'again; ' - His .Worship, entered a:.- conviction,' and oulered; accusj'd -to; come iip.'.for senteHce Snr^oker:^ , be -^ l t ?'.-^ e -

AN.ECOTEDr;HAN]);SHALP-3abLIDAY; i; ; :-/'The .'lnspector' .6fV Factories.•'■proceeded' against George Pinnoek, licensee of. the'Com--mercial Hotel, on a charge of 'having,* during the week, ending January .9, failed to allow ;an. employee, Frank Caw; -ft".half-holiday' as required by the Shops and Offices Act; > , _; Mr. Fmdlay appeared for -the'- Inspector;'of i■ factories,. and,Mr.',Hefdman for defendant. : Jividence. for' the. prosecution 'alleged that the .'employee had not been given a halfholiday from-2-,p.m. onone day during the j week m. question; '•-.. v ■ : •.•-.'■■ --•- .-..' i.l. The;• defence -was?.a direct denial of the 1 .statements-.-made;'for.', the prosecution. '■'" ;i! rank Caw.stated that when one Halligan was-,employed .at ..the hotel as. porter lie (wit; ness),_was: ahimdy man. . On tho week in' question-.witness. hadAis half-holiday on.the lhUrsday,the samo.day as' Halligan was off/, Cx.eprge Pinnock- and two other" witnesses .gave'.similar evidence. , '. :: '-.. _Elijah-Carey, secretary of vtho Cooks ,, , and Waiters' Union, stated that' Caw had told mm/ that he had not had "a"half-holiday during- the; week in .question.:' ' Acting onthis .corroboration of HalliganV statement," witness reported' the. matter to the Inspector of Faotbries;.;: :. '■,•■■;••■ , : ..•' ■ . ■ : ~: His-Worship remarked that there were so many: contradictions in-the evidence that* it was .impossible to discover ; what the real position was. ''There"fras some doubt about the- matter,. arid: defendant" must have the benefit'of the doubt."' The information would be dismissed. .■;•:. ..... . lIORE ABOUT THE HALF-HOLIDAY. - .;Mrsi" .M. vE. 'Smith,', refreshment-room .keeper,.pleaded guiltv, through her husband,' to ;a charge of haying failed to allow an assistant, a -half-holiday as required by the: fehop'ai .and; Offices Act,--and was convicted and. fined'ss., and costs 9s.'. ... -'. '.'";;. : HAT', ■ - ■/ ' ■A young .-man'Vpleaded not guilty, to a charge, of., 'January 25, stolena. hat valued,.at.•Hβ.,..6d., 'tlje property of I 1 anny : Whitaker..,;Evidence, showed that ; ac-' cu ?, e(] ri hE d bee'iTin' the- habit of dealing at" the'-Hat. Box ,shop;v and had gone■ in and asked itpra , hat ,'pri credit, but when the shopman would-not- give it to him he took it, whereupon the manager put the matter in the hands-of. the police. \ '■:'■'■■■'■) - ' -, ' ■ Mr. : :Herdmanj-rwhb ?, 'appe'ared'for the delence, charactensed ; the'..offence, a» a. trivial one, --jwhiph.; should;' never have been brought 1 into, Court. •Accused's'intentions were honourable:;: ■ .Ayheii'• he; went back to the shop to arrange a settlement., he" found' tlie matter had .been rp'laced'-iri' the" hands : of the police.. His.•-.■ Worshi- did-noti call" on. the defence,remarking that.it was,not worth while wasting tinie Over.the ease. :On the evidence adduced ho was satisfied no theft; had been committed, but accused had only hiniself to blame •tor. Ins-present position.' The information wmildj be dismissed. ;. ,: . .'; -. ' ASSAULTED. ON A CABSTAND. Michael Lane; cabdrivcr. 'pleaded guilty to a charge of, having .unlawfully .assaulted ono George: M'Alistor. ■■-.'. -.-..• ■ ■ Station; Sergeant Darby stated that informant,, was on the cabstand at Customhouse tjuay at 5.45 a.m. on the date of the assault, and attacked .M'Alistor, striking him in the laco without any. provocation; ':..-. Mr. J. 'J.. M'Gratli, who appeared for de-iendant^'remarked-that the difference arose over a civil action in which defendant and ins em P lo y°r were concerned, and with which case inforninnt was continually taunting defendant, Dofendant'had been provoked into.striking M'Alisteiy but. wa"s now sorry for-what.he had'doiia. .-.'"'... .:■ ■i -A-conviction, and fine of 40s.r in default 7 dut ' ijnpriaoniueatf -«« iwowkd, ■

. [ BY-LAW. CASES. Wni. Miles pleaded guilty Ho a: charge., of having carried on business as a hawker with,out having obtained a license from the City Council.- Defendant was convicted and ordered to: pay costs ,7s. : \ ' : Wm. Treniaine was convicted and fined 10s and costs 7s for leaving a'vehicle standing in Donald M Lean Street for a longer time than reasonably necessary for. loading •■ or unloading. UNFORTUNATES.; ; A middle-aged woman named Elinor Lyons pleaded guiity.to achargo of importuning; and was convicted and sentenced to one month s imprisonment. A similar charge was preferred -.against .a well-dressed , , youne woman named Alice Watson, alias Dennison, who also pleaded guilty, and who was convicted and sentenced to one month's'imprisonment. ..- . ■ .. A • ~'.•....--. Mother case's. , Aas. Callagan (Mr. Dix) pleaded not guilty.to a charge of having, on January 19, unlawfully assaulted one George' Harry Hill Alter hearing the evidence, his Worship, dismissed- the information with costs £1 Is against informant.' . . '. Dudley Hamilton Pinney, 'charged with sobriety, was convicted and fined 10s., with' the a ternative of 48 hours in 2 aol. Two first offenders were; each convicted and fined Ss., in default 24 hours' imprisonment.. \- •.". JUVENILES AND A PEA RIFLE. ; Two juvenile offenders,'l4 and IS.years of age, pleaded, guilty, .to having, on January Id, being persons under the age of 16 years, ™« a certain firearm, to wit,-a pea rifle ■ isotn boys were ' 'convicted" and discharged with a warning.'.•■ ■'. ; ■ '. . • ; :"■,;■': civil business. ■' '■..'■■ I.'Before Dr.-M'Arthmv sued Alexander M. Harrison and Walter Morrison for five months' board and lodging and for certain architectnral fees iii connection with the-erection of.four houses'on: account of which the defendant alleged'he had only received'£4 4s/'.Mr. T. M. Wilford appeared for. the plaintiff an 3 Mr. M. Myers for the defendants. After the evidence in support, of 'plaintiff's ' case, 'Mr. Myers. applied for a nonsuit,': and 'on this question.his Worship reserved his , decision until .Monday. ' .- . •.:" - . ■-.