MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 484, 17 April 1909, Page 12

MAGISTRATE'S COURT.

(Boforo Mr. W. G.. Eiddell, S.SL) >

NEIGHBOURS' QUAfiHEL.

A neighbours' quarrel over ft' matter : of drainage resulted .in Ada Smith (Mr. O'Rogau) charging John DowdaH with unlawful assault. From tho evidence, it a»poared thatthe parties were next door neighbours in Binhmn Street, and, on April 1, words ensued between informant arid defendant's wife over a ohannol for drninago wator, which, it wae alleged, defendant's wife mado from her premises to informant's. Th« channel allowed the water to flow into informant's yard. Remonstrances; followed, and, when Mrs. Smith's husband camo home, sho oxplaincd tho situation to him. Dowdall called Smith into tho yard to talk the matter over, and matters bocarno unpleasant between the husbands and wives; so nraeh so that Mra. Smith was struck-on tho head with a lonel handled shovel, with which Dowdall had been pointing out how tho channel should run. For the defence' it was urged that Smith struck. Dowdall first. Dowdall said that be> was hoping Smith off with tho shovel whilst the polico were sent for, when the shovel accidentally struck Mrs. Smith; His Worship said that tho only question which the Court had to decide was whothel , defendant' committed an assault, arid whether.he had any justification. 'If Smith had not struck Dowdall the > assault would probably not, havo occurred, but the fact that he did strike was not.suflicient justification for using the shovel. Although, Smith wai somewhat to, blame for tho assault,' defend" ' ant must be penalised in the sum of 205., and COSts/21s.' ;;' . '■ .'■,'•■■■• .•"■' ; -'.- .\,. . ■■•■• : ' . ~,,- THREADBARE STORlES. ''■„:■■'" . "Idon't believe your stories—l've beard them hundreds of times 'before;' , remarked his Worship' at .the close of the evidence in a. charge against two firemen Joseph Clements and Nathan Giles, charged with stealing certain articles, valued at £2 165., belonging to sailors on. tho eteamer Indralema.. •'Tin accused told the time-worn story- that , they had purchased tho goods" from a man in tho street. They did not know the man, and could not suggest' any means of tracing him. In fining each accused 405., and costs £1 Iβ. 9&J, his Worship said the onus was on a> person found in possession of stolen property /to show how ho got it. The-explanation given by the accused was not satisfactory. Tho default was fixed at 14 days' impnsonmont. 'SYDNJSYSIDER IN TROUBLE. : An .unkempt looking man,' named JoW Champion, charged with'having.'been, found by night without lawful excuse on board tho steamer Pateena ,at tho Queen's, Wharf, pleaded not guilty, and urged,that he; went on • to the vessel to look for work; Sub-Inspector Phair said that accused, who had arrived from Sydney ' as, a stowaway.. about. a month ago,' was found on tho Pateena.at 1.15: a.in, yesterday. ;';; '■'.','.'■'. ■;-... "i-/'-"'.-"''',! v ''V,..:i" ■'. \}[ His Worehip warned 'accused that ;ho waa liable to a!termlof six months' imprisonment,' but the (Court 'did not. propose"striding him to gaol origins occasion,: If he : got,into the same again' ho would do' sent to prison. 'A conviction,and order■'■to cpmo uj for. , sentence when called on was entered. '' ;/"■ ■;.,■■ THREE MONTHS';GAOt.,' : . '.[ "Ho is the pest of York' Street," said , Sub-Jnspector Phair, referring to a man •. yarned; John -Patrick Ccylo,- who failed to appear in answer'to a charge , of using"obscene language in York Street. • His. Worship, in sentencing accused to throo months'imprisonment, remarked that accused had ■frequently been before tho Court for uSing ;obscene language, and, the matter was of ,suoh l indifference to him, apparently, thai he. did not even fear a summons. ."■ MEANS': ■';■ ' .. 'V M »RP !l #JV C onnftlly, : nPlea4e.d guilty: ~to ■ charge, 6f v .being;an idle .and;disorderly personr with' insuflicient lawful moans of bubport. ~ Saib-lnspeotor, Phair -\ informed tbo Court that, accused had , Joafing and sponging about'the "city "for.'some.days: past. Ln' December.: last..ho' had been disgharged from ; th*e Pakatoa Inebriates'. Homo, and ■since then had;been before the.Court onoo for" insobriety..:',; ;: ,!;.'' . : , : /:.,,/ .' ',Accused Said that had ,been, "on tbo !wine;" and, if ho,was given a,chance, would .go" , away ,; and get" work, and-abstain from : drink:,'•■'"'■•.■•■'■ •;.'.':-. '. l '/'' .-".•. .'; -■:,■'■,/ ' t ' His Worship said that he would give aocuseil: another, chance, by. entoriing a coneviction and order to como up for sentence ■when called on.. '•; •,-,•'■■' i':''.'._ ' ; ,„ BREACHISS-OF THE BY-LAWS. . Hendrick Whitaker 'was convicted'.; arid fined 205., and costa 75.,' for riding a motorbicycle across ' the, intersection of Mulgrave :and Sydney Streets: arid Lambton Quay, at a : speed exceeding four; miles an hour. i ;.-wm,:; Murphy and' Richard By>ne; were each fined 205., and costs 7s:, for driving a vehicle at other than a.walking pace across the intersection, of. certain city streets; ■JfYederio-'-.Aslin .was? fined '405., 205.,. for being away from'his' vehicle whilst ■ ■ ,it, was in, Panama, Street, so that' ho'was unable to havo.full cotttrol of it.•'' ■ :•]"■ ■ For allowing offensive , .irefuso to be on his •premises in Tonk's Grove, Matthew" Somnprs was: convicted'and ordered'to pay costs 75., Inspector Doylo' stating; that he had'•. reason te believe that sickness liad been the caiise of the trouble. The refuse'had 'now been removed. ,• - ■>".'■ :% ' > ■, , ■ -OTHER CASES. '"/'"{'..'"f'' ;'.'■ . ; A' plea of guilty ,was; entered by >< M. J. Roardbn to a charge of having,; on April L i unlawfully assaulted one Jas v ßurchas,' Mr. O'Uegan, for. defendant, plottded guilty to , the charge, which, .ho said, was committed' ■under great Counsel intimated :that defendant could call-.evidence-.'in- mitigation, but he did not wish to givo tho mat- : ,ter inoro pubb'city than possibleV- f Dofendwas a. well-known citizen, and I waa ■ sorry that ho '■ had allowed himself.',to , bo pro-, joked into striking the, informant.\ His Worship considered that a nominal ponajfryifrould ; moet the; case, and entered -a*,cpnVictioiv and;fine'of 10s. ; ; ', ',"..?• ri^^:;;--Ayounjman named Farquhar. Finlayson;: was fined ,ss. for insobriety, and on, a charge of using 'pbsceno language An- Cuba Street, was convicted and fined £3,- and costs 65,, in de.faulf.l4 days', imprisonment. !,; ■■''■■ Two first-offenders were each fined'ss., in ' default 24 hours , imprisonment.:-.'-^: