MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 457, 16 March 1909, Page 8

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) INSOBRIETY. Three women and four men wero charged with insobriety.- One malo and ono femalo first offender wero convicted and discharged, ono malo was convicted and fined 55., in default 21 hours' imprisonment, and one malo and two female first offenders wero convicted and fined 10s., in default 21 hours' imprisonment. John Hughes was remanded till March 19 for curativo treatment.

CHAKGE AGAINST A WOMAN. Olivia Carnell, charged with being an idlo and disorderly person without sufficient legal means of support, pleaded not guilty. Constables M'Kclvie and Hodson gavo evidence as to accused's idlo habits. The former stated that .she had been soliciting in tho vicinity of ■ Victoria Street. He had warned her several times, but she took no notice, so ha arrested her on Saturday night. Constable Hodson stated that ho had seen accuscd soliciting in Taranaki Street. Accuscd stated that slio could get evidence to show that sho had been wording, in a laundry, and she asked for a remand until Wednesday. This Was granted.

PAK-A-POO PROSECUTIONS. Three Chinamen, Chow Yock, Tong ICee, and Ah Pong, charged with selling pak-a-poo tickets to Thos.'T. Flewellen, were, on the application of Mr. Fitzgibbon, further remanded to March 22. Bail wis allowed as previously in .£25 each, and one surety of ,£25.

ASSAULTS ON TRAM CONDUCTORS. Charges of assaulting a tramway conductor (Hugh Joseph Kearns) and using. obsceno language to him on , February 2G were preferred against Edmund John Kenny. Mr. T. M. Wilford, who appeared for recused, stated that his client, since ho committed tho oifenc<s, had been so troubled by remorse that he had been unable to sleep at night or work in tho daytime. He thought that tho tram conductor, seeing that the man was undor tho influenza of liquor, should have used a little tact in dealing ivith him. James Doyle, inspector for the City Corporation, gave evidence as to the regret which accused had expressed for his offence. Evideuco as to accused's character was given by Alex. Campbell. On behalf of tho police, Sub-Inspector Phair stated that on February 28 accused was riding in a Wallace Street car, and when it arrived at the terminus refused to leave. The conductor thereupon left him inside,, and Iho car proceeded on the return <journey. When it was opposite Hankey and Taranaki Streets accused rang the bell. The car was stopped, ami when the conductor opened the door for tccused to get out the latter assaulted him, and then followed him round the car using the language stated in the charge. His Worship convictcd accused on both charges. On the chargo of assault a fine of 40s. ,and costs 135., in default seven days' imprisonment was imposed, and on tho charge of using obscene language a fine of M, in dofault 11 days' imprisonment. Martin Francis Cunniffe was charged with assaulted a tram conductor, Thos. Coffey, on February £G, and using obscene language to him. For tho prosecution, Sub-Inspector Phair stated that, on tho dato mentioned, accused travelled'\yith a companion to Karori, and nt the terminus, without any provocation, assaulted the conductor and used obscene language.

Mr. A. L. Herdman, who appeared for accused, urged that the latter had acted under strong provocation. , The. conductor had tendered the wrong change, and when spoken to on the matter, had answered in an uncivil manner. Ilis Worship said that it was not tho iluty of accused to take the law into his own hands. Ho should have reported (he conductor. On tho first charge, accused would bo cohvictod and fined '10s, in default 7 days' imprisonment, and, Oil the second, a fine of «E3 and costs XI 35., in default 14 days' imprisonment, would bo imposed.

ALLEGED CRUELTY TO A HORSE. Cruelly ill-treating a horso in Adelaide Road on March 1 was the charge preferred against Joseph Walker, Sub-Inspector l'hair conducted the caso for the prosecution, and defendant was represented by Mr. Wilford. Matthew Barr, a painter, residing at Newtown, stated in evidence, that on the date in question he was cycling down Adelaide Road anil saw defendant, endeavouring to get his horse to move. A little later, on the same dav, he saw the horso going up Adelaide Road at "a pace which was very rapid, considering tho steep grade of the street. Defendant was lashing the animal severely with' Jus 'whip. Later, witness, in company with a constable, examined the horse, and found that it was covered with very heavy weals. Evidence was given by the constable in question, and Frederick Seed, inspector 'for the Society for the Prevention of Cruelty to Animals. > For the defence, Mr. Wilford stated that he lmil witnesses wlio could prove that the horso was a very bad-tempered animal, and he proposed to call three members of the Permanent Artillery in proof of this. 'l'ha witnesses referred to were not present, and his Worship, therefore, granted an adjournment until March 22 to permit of their being called.

A CHARGE OP THEFT. Richard White ami Joseph Leslio ivero charged with, that during January, 1909, they did steal 102 fencing-posts, valued at £1 135., the property of tho Government, from the Hawtrey estate. The prosecutioil was conducted by Sub-Inspector Phair, and ill'. Wilford appeared for accused. Samuel Craig, in the employ of the Lands Department, stated that tho accused, wero engaged on a contract, cutting tho gorse on tho Hawtrey estate. Tho posts which had been removed numbered about 102, and they wero all sound and of a value of Is. each. Evidonce as to the removal of the posts was given by a number of witnesses.' Tho defenco did not deny tlie removal of .tho posts, but maintained that they wero of no value, being cither burnt or unsound. ilr. Wilford, in outlining tho case for the defence, protested against a criminal charge being brought against Uis clients. They had, he said, been engaged on a contract for clearing tho Hawtrey estate of gorse, ctc. In the courss of their work they had to remove a piggery, which had been erected by a former occupant. Instead of burning the sticks from this piggery along with the gorse they had paid men to cart them away for use as lirewood. After further evidence, the caso was adjourned till this morning. ALLEGED THEFT. Michael Hurlihy, who pleaded not guilty to tho theft on February 27, from John Wm. llichuan, of two metal watches, a rolled-gold chain, and a silver medal, valued at £1 2s. (id., was remanded to appear this morning. Bail was allowed in .£BO and two sureties of JMO each.

OTHEK CASES. For committing an indecent act in Old Customhouse Street, Henry Thomas, who elected to bo dealt with summarily, was convicted, and lined .fri. Edgar Joyce was ordered to pay the sum of 7s. a week "towards the support of his illegitimate .child, and to lind security of ,£SO and two sureties ot' .£25, for the payment of previous expenses. The default was lixed at three months' imprisonment. h'or failing to contributo to his father's support, Arthur T'. Bennetts was convicted and lined 405., in default seven days' imprisonment. Edward Bevan, who did not appear, was charged with failing to maintain his wife and child. Mr. Cooke, for the prosecution, stated that the payments were always in arrears, and liad to be sued for. His Worship inflicted a sentence of ouo month's imprisonment. ■A plea of guilty was entered by Samuel Smith to a charge of failing to support his illegitimate child. He stated, in defence, that lie had been out of work for six weeks, and had just obtained employment. His Worship imposed a sentenco of seven days' imprisonment, tho warrant to be suspended so lone as defendant paid .CI a week oil the arrears, first payment to bo made on March 22. A youth named John Hill was charged with, on Slarch 1, using obscene languago oil tho Upland estate, Kelburne, within hearing of a public road. Mr. J. J. Dcvine appeared for tho defendant, and tho prosecution was conducted by Sub-Inspector Phair. Ono of tho witnesses, John Sweeney, did not appear, so the case was adjourned until March 22, an order being mado for a warrant to bo issued for the arrest of the witness Sweeney. A young man, Gordon Kenneth M'Kenzie, pleaded not guilty to a charge of using indecent languago to Win. M'Morran, a guard on tho Wellington-Wairarapa railway line. Sub-In-spector Pliair appeared for tho prosecution. After hearing evidence a conviction and lino of .IS, and costs 125., in default It days' imprisonment, wero imposed by tho Bench. Herbert Montagu Kosenberg was charged by his wife, Ada Koseuberg, with foiling to con-

tribute to her support. Mr. Von Haast appeared for prosecutrix, and defendant was represented by Jit. A. L. Herdman. After hearing ovidence by Ada Rosenberg and defendant, his Worship said that the bulk of tho evidence had been directed to showing what the relationships of thr couplo were, and it did not bear on tho question of maintenance. The husband had offered to provido a homo for his wife, but this had not been done until some time had elapsed since tho expiry of tho last order. His Worship ordered defendant to contribute to tho maintenance of his wife. • Costs wero allowed for two guineas. Security for appeal was fixed at 10 guineas. A plea of guilty was entered by Robert Upton to a chargo of driving across the intersection of Manners and Willis Streets at other than a walking pace. Ho was fined 10s., and costs 7s.

Cases against Edward Peter Breen, Frank Kronst, and Peter Thomas Johns wero adjourned to March 22.

MOUNT COOK POLICE COURT. At the Mount Cook Polico Court yesterday, beforo Mr. H. Baker, J.P., John Chadwick, charged with insobriety, was convicted and discharged. Fivo first offenders on bail, who did not appear, were fined 10s. each. Henry M'Cormack, John Hislop, Frederick Johnson, and Jamos Mitchell wcro charged with insobriety, and each was fined 10s., in dofault ■IS hours' imprisonment.