MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 463, 23 March 1909, Page 9

MAGISTRATE'S COURT.

/ fr— — ; POLICE CASES, (Beforo Air. W. G. Kiddcll, S.M.) : At the Magistrate's Court yesterday, one first offender,' charged with insobriety, was convidted j ond 'discharged; another was convicted and fined 55., in default 24 hours' imprisonment. A third; vrho failed to put in an appearance, was convicted arid fined the' amount ot' his bail (195.),' with tho alternative of 43 hours' imprisonment; ■ John M'Kay, who had been, previously .convicted, .was fined 10s.', in default 4S hours' imprisonment.' ' 'In addition ,tb tho charge of insobriety, a ehaYge of being an idle tirtd' disorderly person vas-.brought against Minnie M'Neil, alias Wolfe. : Sub-Inspector', Phair stated that aetused carte to Wellington nine months' ago, and ,had since dorio no work. She had been ■warned by the police, but had taken no' notice of the warnings. She pleaded guilty to both charges]', and, on the chargfc of drunkenness, was cirivicted, and fined 55., in default 24 hours'/imprisonment. On' the charge of being idle and-disorderly,'she was convicted and sen- j tenced to three'months' imprisonment. ; '.' THEFT PROM A -SHOP-FRONT. , Whilst- drunk on Saturday, Hohry James 'Wren: committed the theft of 27 vards of. print, the property of John, Carter, draper. Wren Was called upon to answer both charges yesterday, • and pleaded guilty. Sub-In3peotDr Phair stated:thai the roll of print was placed outsider Mr. Carter's shop,- from which place accused .took it to his lodgings and chdoavourcd to sell it to his landlady. • On tho .first charge accused was fined 55., in i default' &i hours, imprisonment, and on tho! other' charge was convicted and fined 20s. and costs 12s'., in default seven days' imprisonment. . -i. PA K-A-POO CASES. . Threo Chinamen, Chow Yap, Young Kee, and Ah Pong, were' charged on remand with selling pak-apoo tickets to-Thos. Flew'ellyin, also with being, the occupiers of premises which were ■used as a gaming-house. On behalf of aooused, Mr. Fitzgibbon asked for a remand until Monday, March 29, which'was granted. Bail was fixed as before, each accused in" £2o and one surety of £25. AN UNPROVOKED ASSAULT. Two .middle-aged' men, Wm. Bevin and Walter Leary, pleaded guilty to a charge that, on March: 20, they did unlawfully assault Hugh Donild ■ M'Ketizio.' • : : :J Sub.-Inspootor Pliair stated that, <jn the date in question, aocosed Leary, who rented a room from: Mr/ M'Keniie,. sen., returned to the honse, 'accompanied by accused Bevin. They were .under the influence of liquor, and without any. provocation attacked young M'Kenzui in such, ft; violent manner that the police had to be called in. .'His' Worship convicted both accused, and fined ;Bevin 405., and costs 95., with the alternative of seven days' imprisonment, and Lcary i£3 and costs 95.,- with the sanlo default. FORFEITURE 01' BAIL. An ' old man named /Michael .Herlihy, .who w .eut bail: for a man of the same name," was - u P on to sftow cause why,', tho ■.amount of the-ball should be forfeited. On: Herlihy's - behalf, Mr. Cook| stated that his. client- had done everything in ,his power to, bring: the accused Herlihy to Court: Tin? latter had since been arrested, and committed t6 the: Supreme Court for. trial.' : If the bail were .forfeited, it would be a very severe penalty "for'-his client, who was'a; poor man. Chief Detective Broberg, on behalf of the police; stated that the facts as given by Mr. took correct. Herlihy had done everything in. his power to fulfil the obligation imposed j oh - him. , His-Wprship said that the case went to show the -responsibilities placed upon people who go bail ifor accused persons. • When an accused.. person did not answer to his bail the bailee was allowed. seven days in which to show why his bail should not be estreated. In this- case, no harm had been done, So he, was prepared to grant the indulgence asked for. , : 1 IMPROPER LANGUAGE. Peter Thos. Johns was charged with nsinoimproper, language on .February 25, at-East" bourne/- ■ '•Accused did not appear, but Mr. Kirkcaldi» on his behalf, entered a plea of guilty. He stated, that accused would defend the' but he had secured a job at Karamba, and had shifted'-there ivith his family. , and fine of i-land costs 285., in default 14 days' imprisonment, were imposed. Seven days were allowed in which to pay the fine. ' . ' . ASSAULT ON A YOUTH. On the information of a youth named Gordon Clarence. Hare, the pfilice proceeded against a: young man named Henry Joseph Clements on a charge of assault. . The .evidence showed that the assault was the result, of , a . dispnte between Hare and Uetnents i ; regarding whose dray was on the right,-; side of the road. A- conviction .and fine of 20s. and costs .Bs., in default 7 days' imprisonment,! were imposed;- Seven days were allowed' in whioli lo pay the fine. CRUELTY TO A HORSE. Farther evidence was heard in the adjourned in which Joseph Walker was charged with a horse on Jfareh 1, in Adelaide Road. Mr. Wilford appeared for defendant,.;' ( 1 : . f .'John .Ifarri*,.driver in the Garrison Artillery, said that ha had seen the horse in question. He described the animal as the worst'libber he had ever known. He had fie ?J if.front of the barracks, and had tried witlr his companions to shift.it, but had beon unablo ro do so. Henry' Joseph Darroch said that the animal was an. out-and-out jibbep. _To -Sub-Inspector Phair: If a horse of hi.-JJbbed.-in. the. same manner he would take it hbrno; instead of trying to drive it. was also .'given; by Charles Bethe'l and: the defendant, who stated that ho did no; Use the whip handle ■to thrash the liorv 1 here were no weftls iit all on the body of the horse. .. . The marks which' the const able Saw were merely the veins. His Worship stated that though there wa» evidence that the animal was an unruly one, that did not alter the fact that cruelty had been inflicted/ A conviction and fine of 40s. and coets 155., in default 7 days 'imprisonment would- be imposed. Seven days were allowed m which to pay the fine. an exciting quarbel. _ On; the' information of Beatrice Scarfe, Wm charged with having used improper ftf 1 est™ !nfo,mant t A charge of having s?^ 1 „ st 7«S TJ Ms; prefers! against ini. \ - inol dents took place in Sf connection with the charge ss?5 s ? j- ? i Te FV "lotions were made that "nc"'! ! lsrok<Mi lip Scarfe's home, and had used insulting language to. her. The tt l!/i assault charge were that cowrie, had -thrown a flower-pot at Slovens, cutting his head, c , ch ? I = e ,, of 'If'ng improper language as |et out in the charge was dismissed, but Stevens was'found guilty of using dbusivi language,, and. was convicted'-and fined .£3 and costs 125., m default 14 days' imprisonment, tne g a we 111 whlcll to pay the Mr." Jackson, on behalf of Stevens, asked that security be fixed for appeal. His Worshin fixed, security in .£lO. 1 On. the charge of assault defendant Scarfe who" was represented by 1 Mr. Meredith, was convicted and fined 205., with the alternative of 24 hours' imprisonment. His, Worship refused to comply with Mr Jackson's request to make an order for costs Mr. Jackson: I contend I am entitled to costs. His Worship: It is no use arguing the case Mr. Jackson. Mr.; Jiickson: But I am entitled to costs. " his is a clear case of assault, a most out-rageous-assault! His Worship: I have told you it is no use arguing .the case. I have given my decision, and that is final. The . next case was then proceeded with. A SUMMONS AND AN ASSAULT. Edward .Peter Breen wn3 charged with assaulting Harold James Edwin Dutton at Kelburne. on' March 6. Mr. Dunn appeared for plaintiff' find Mr. Wilford for defendant. The, assault, which, according to the evidence,. was. the outcome of a long-standing guarrel, was made when plaintiff went to serve I..summons oil, defendant. Lengthy evidence as io provocation was called on each side, but his \Yorship held that an assault had been committed, and : convicted and fined defendant 10s. and costs £i. 135., in default 7 days' imprisonment. A CASE THAT FAILED. Further evidence was heard in the adjourned »se in which a boy named John llill was tharged with using indecent language at ICclburne.

His Worship dismissed the case, on the ground that though the language may have Men used, there was some doubt as to whether the offence had been committed on a public road. MAINTENANCE CASES. Captain S. Hatfield, who did norappear, was ordered to pay ss. 6d. per week, and Mrs. Eleanor Hatlield 2s. Gd. per week, tCwards tho maintenance of an inmate of the Levin Boys' Training Farm. For failing lo contribute''23. Cd. per week for the-maintenance of his father, Albert Nicholson wis ordered to pay costs XI Is., or gi> to gartl for 24. hours. An order was made for Sniumterled B. M'Donald to' contribute 2s. Cd. per week towards hip mother's maintenance, tho first payment to be; made on March 29. A charge of failing to- nay 10s.' per week, and arrears <£7 10s,, towards the maiiUeiianco of' his wife, Susannah Ackorniafi, wai preferred ag|ainst Henry Ackerman. His Worship varied the order to one for ss. per week, and reduced thjc arrears' to ,£2 10s. Mr. Neavc appeared for plaintiff and Mr. Ivirkealdie for defendant.

WHISKY DISTILLATION. - HEAVY PINES IMPOSED. An announcement- that two men were to be charged with the distillation of spirits and the prospect of a number of police "exhibits," alleged to be used in the illicit manufacture of whisky,-drew- a large crowd to the Magistrate's Court yesterday afternoon. The two men were Maurice John Collins and Tlios. Matthews, and ttio charges, which weTe heard before Mr. W. G. Riddell, S.M., wore: (1) That the accused did unlawfully make spirits on March 18; (2) that they were found in a house, to wit, 41 Adelaide Road, 1 where illicit distillation was then carried on; and (3) that Oft March 18, 1909, at Wellington, in breach of the Licensing Act, 1808, they, were found in possession or Custody of a utensil for distillation. The prosecution was conducted by Mr.' Bell, juri;, arid accused, who elected to be dealt with summarily, wore defended by Mr. Cook and Mr. Wilford. Mr. Bell intimated that the last two charges against Collins would be withdrawn. Mr. Wilford, on behalf of Collins, entered a plea of guilty. Matthews pleaded not guilty. Mr. Wilford, in outlining the defence, said that the offences under the Distillation Act were made subject to a huge fine. The magistrate was empowered, either to impose a frno of not less than ,650,. or more than j&OO, or in thft alternative imprisonment for not less than six months or more than two years, lie held that the penalties were excessive. For merely interfering with the huge monopoly of the dnnk traffic, an offence not nearly, so great as majiy th.M ciiih<i before the .magistrates, the least penalty-that could be inflicted was a huge fine of .£50.. His client Collins was a respect-' able man, and ha had testimonials to show that he was entitled to rank with any citizen except for- this fall. Any fine that might bo imposed would fall upon Collins's relatives and friends. time ho was arrested, accused w,is on the point of leaving the business; and he had actually gone to' the. building for the' purpose of making final arrangements. He made no money in' the business." The still that had been'produced was a mere toy, which after 12 hours' working would produce about a gallon rn'J. a '.' la " °f r;l "' spirit, valued at about .£l. ihe element of risk was what had made his Client commit the offence'. His Worship stated that he should prefer Jiat the cases should both be proceeded with ■i? r0 £ e any penalty on Collins. .Mr. Bell raised' the quest/on, uridor the' Uistoms Law Act, as to whether the defendants wore given, tlie option of being dealt with summarily. In order to facilitate proceedings, he was .willing to withdraw; the two last charges against ■ MatthfewS, leaving only the one jf unlawfully making spirits. Janjes Scott M'Laui'in, Government analyst, stated, m evidence, that' one swiiple contained 9 per cent., and the other'B per cent, alcohol— " 1 /?>"■ strength of rum. - Unef Detective Broberg said that'on March 18 ho went with Detectives Cosiiclls, Andrews, and Lewis to No. il Adelaide ftoad. As they upproached the place they, saw a>>oWd Matthews standing at the door of the shop. On seeing tho detectives, Matthews bolted inside tlio house and locked the front door. Witness and Detective Lewis burst in the door and went through' to the scullery, where they found both accused trying tn lock the back ii 001 ' I Mnrching the premises they found the still, produced, and an hydrometer, : and about twelve gallons of spirituous iiquor.. Evidence was also given b'y Inspector Ellison. ■ . of . acc ." 6€<l ifatthews, Mr. Wilford said that a statement, which Lad been signed by accused, and brrnded to JMectire Cassells, was It 0 " statement cf acensod's connection with I the business. Matthews' had signed it without : reading it through, but though it was not a rvthe facts of the case, the f hatl been signed rendered it useess for the accused to go into the witnessbox and say that \he had riot, been engaged iix the whisky busing. The truth was that £I*ls a pickle-maker, and had been en «ged as such by Collins. HIS Worship said tliat the, penalties for the 6l:t down plainly in tlie statute. Miitthews s case was evidently of. a much less than that of Collins. There lore, Matthews would be fined .£SO, the miniCnsk M d ollia 'l w ? uld > fined <6100. Usts £3 10a. Gd. were to be paid by defendants m equal amounts. . Mr. Bell drew- his Worship's attention to the provisions of the statute in regard to the ° t?' 1 ? 1 !!? 011 i° lc offenders. ?, v P finally agreed to accept- securyJ?r Vr pa ' rm{ ' nt "f tie fine within one month Matthews was allowed i 8 hours in Which to find security. The default-in each case was iked at the minimum term sir months' imprisonment. . ' WVIL Boswm (Before Dr. A. M'Arthur, S.M.) BEPAIRS TO AN'HOTEL. judgment, was given by Dr. M'Ar- « t a Claim ■b i? • tt'i 1 Imntiff is- the owner of the .ahautanui Hotel, of which defendant is the fS', The lease provided that the lesseb oMo « , g 'J lO te P l6 of the do all tnlf tiff IT' e ,fating and keeping on loot the publican s license for the premises Til® 'V" 08 ! defendant was called upon by °/, P'Mie- Health and the 10 the hnM S ert(Ul , 1 io " s » n<l rephirs -0 the hotel, and, as he faikd to comply with ''nm r tS UI T^ IOU and D alsi ? a subsequent notice j.om the Licensing Bench, plaintiff, to prevent th« license from being forfeited, had the repairs *?'i a .'' erat,ons , effected at his own expense. For >his he now claimed the sum of ,£75 -12s. 9d. In delivering his judgment, his Worship stated Mat the licensee was the person responsible tor carving out the work, but, as he did nothing, plaintiff Was compelled to set' to work U,i° n,°';, i- e ™ n S lstrate "both parties liftd then weatner-eye open in reference to the approaching local option poll." In reference .o the first question lfi dispute, whether newstables should be erected) his Worship cave it as his opinion that fhey wero to be built. In regard to the second, question of cost, his Worship expressed the opinion that tho work had been gone about in a most expensive manner especially the construction of the septic tank' Judgment would be for plaintiff for tCSI 7,' lSd., with costs, less -£3\T 3s. 7d. paid into Court. Notice of appeal was given bv plaintiff, and. security fixed at ,£lO 10s. Mr. Too»ood appeared for Nicol and Mr. il'Grath for Mbyiiihan. AN ELECTRICAL CONTRACT.. A claiin for ,£ll2 lGs. was brought by Cederholm and Tolley, electrical engineers, of Manners Street, against Johan H. Meyer, of Taranaki Street, Win. Illingworth. of Drummond Street, and Kirkcaldie and Stains, Ltd., for extra work done and fittings supplied between March and .Tulle, IDOS, in connection with the erection of the new Occidental Hotel. After hearing evidence tho Caso was adjourned till this morning. MOUNT COOK POLICE COURT. At the Mount Cook Police Court yesterday, before Mr. 11. Baker, J.P., three first offenders, charged with insobriety, were convicted and discharged. Another offender, on x bail, was fined 10s., in default 'IS hours' imprisonment.