MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 504, 11 May 1909, Page 9

MAGISTRATE'S COURT.

(Bsforo Mr, W, 0, Riddoll, S.M.) OLBAft PRIN'I' Oil PRURIENT? AN UNI<OOKEJ)-1?0R DEVELOPMENT.' • . Complications arose wlien bin Wowlllii was about (n deliver his reserved docislon in tlm cafio-of Iljr. Willi M'Cin'tliy, Imqksellei', charged with having sold a copy of the noivupaper .'.'New Zealand Truth,' alleged to contain mutter of on lluiecbnt, immoral, or obticcne natiife. At-tliA. original, hearing' ofllio eiise Mr.' Wilfordj for the defence, ijrgcjd tbut tho

single, information oharged defendant with..three speciflo charges, on any one of which the prosecution could rely. H-; then urged • that the prosecution must bo confined to certain words or lines in the articles complained - of. Mr. Myers held that tho prosecution was entitled to proceed on tho.whole of the articles named in the information, without indicating any par-' ticular words or lines. ■ When' the matter was mentioned yesterday morning, Mr. Myers said that he desired to refer to a point which had been raised the other day by Mr. Wilford. His (counsel's) attention had been drawn to a judgment on a similar : case. If, in this case there was a wrong conviction, and it Was quashed, tho proceedings would ba commenced,again on one or other of the samfi charges. He (Mr. Myers) suggested there should; be an election as to which ohargo they should go on. Mr. Wilford: "I hardly know, where wo are now. I protested; against tho three oharges being taken when the case was before the Court, but Mr. Myer3 ridiculed my contention, and his Worship ruled against inc." His Worship, in adjourning , the case to May "19, remarked that it was a; pity that the case, since referred to. the Court, was not mentioned at ; the original hearing. It was a late case, and,; for that reason, no doubt, it was overlooked at the; time. At tho same timo, it had. an important bearing on the question of election. l It'would be useless giving a decision• on' the .case, although the -Court was prepared to give its decision on the facts presented at the last hearing. '• MAN-OF-WAR'S-MAN TAKES CHARGE. "He. tool; complete oharge of the hotel on Saturday afternoon," said Sub-Inspector Phair, referring to a sturdy man-of-war's-man, named Win.: M'Bride, who pleaded guilty to having refused .to quit the licensed premises 'of the Prince of Wales Hotel,when requested to do so by the licensee.. His Worship entered a conviction and fine of 205., in default 18 hours' imprisonment... i ALLICGED ASSAULT AND ROBBE1V?.. Hugh Mullin was convicted and fined ss. for insobriety, and,'on a second charge of having assaulted one Michael Malley and robbed him of a bottle of beer, valued at 6d., the same accused Was remanded to Wednesday next.; ' BT-LAW CASES. , Wm. Standen pleaded guilty to having been away from his express In the public street so as to be unable to have full control thereof. He explained that he had got up ; very early in the morning, and had to ihave breakfast in towh. He was away for 25' mintitbs, but the wheel was locked and' the brake Was on. Defendant, was fined 10s., and costs 7e. . ./ Por. riding a bicycle without a-light, between sunset and sunrise, Jas. David M'lntyre was ordered t(>. pay costs 75., alid Martin Lnckio, similarly charged, was convicted and discharged.The, second : defendant forwarded a letter detailing exceptional circumstances which led to the charge. ALLEGED ISLAND BAT CESS-POOL ' v DECISION RESERVED. ' The-Inspector of Nuisances jjioceeded against Hamilton Gilmer on a charge that,, on March 27j being; the occupier:.of land at. Island Bay, he permitted nightsoil. to Tomain Oh the said laricl 80, as to be dangerous to health. , \ : •' Mr. O'Shea : appeared for the Inspector' of Nuisances, and defendant was represented by .Mr.'.Skerrett, ;K.C., . who. had with hiln Ihv Wm. ; H. Morton, city 4hg&iceif,,;staW tiiat 'he visited the cottage in question, next to tho Island Bay , Hotel, on March 28,' and :discovered a cess-pool. ./In. his opinloh it, was not sanitary to liavo the,cess-pobl Wheto this one was, and the drainage connections did'not improve matters. ! v Tho corporation carts •. had "not been .in', the habit, of calling' 'at the; place, .which did not. appoar. to' haye beeh cleaned out fof some ; To'' ilr. Skcrretti The- hole /was. about liit. deep, Jjft. wide, and about Tift. long.. The a' io had been covored over ' with-boards, which ' had about 3ft.,of earth on top of tllem.: Witness gave' instructions .for . certain work to bo; done, and this 'work was "at ibnep put in hand by. Mr.'Gilmer'. . Dr. Ewart stated that .he inspected the cesspool in qUSstldn on 'Miirch''27.' -..In the. event of anthrax, enteric 'i{over, t 'or. oholera hein'g treated, in the 'it'-would certainly be dangerous. Pressed''for- a'direct, ■ geileral-, answer, witness gave the' opinion, that the condition of affairs Was dangerous to health. . . .... 1 Dr M'Gavin,-who had also examined the cesspit, said that. he.,c'onsidPi-ed' it was'; dangerous to health. ;- 4 : ' , Eobt. Fletcher, carrier, a member of the I Health Committee of thß.City Council, Btated that I he visited : the cess-pit,, in question,, in answer to contplaints. Witness' and' found tho pit originally," and; removed the'boarding on after, takiiig bff' from twb to three feet •. of ' To'"'' Mr;, Skerretfc'rWitiiess : aid ; not .think this' wa's -a" spiteful ' preceedifig on the (part of tha council. .■ He. found whero tha.pit was by following the drain.v •• ,• ■ ';, Dr. I'rengley, District Health Officer, who inspected .tlie/Cess-pool, stated that there- .wan a mass s of : putr(!fving -matter hi the pit. wThdgases from the matter would probably escape through r. direct, passage through the; covering soil. - -Witness regardsd ; the' conditions ai. constituting a-hiiisaiice, and tile pit, in his/opiiiiPU; was dangerous' to health. . •. ~ .- James. Doyloi. .Corporation -Inspector, .stated that the c<itta(s ih question had not been'occupied for some time, perhaps three 'months. . - :Mf; Skeri-stf submitted that the information must lie dismissed.. The, language of the by- • law-'jraß "td" permit br/stiffer-and .to .be' or: remain." . Counsel Urged-; that. the prosddutioh must show".that defendant:knew.of t .the nightsoil, knew'-it was .dangerous, tb healths'; arid allowed it to remain. Immediately Mr. Gilmer ' Aiis informed that, he had to do certain'things, lie had the work put in hand at once and carried Olit. ' , - *' . - 'i'hos. Carmichaol, .contractor,, stated that he had, carried out the .work -required for' Mr. Gilmer at a cost of J8140.. ; , His Worship reserved. his, decision. , .; OTHER CASES. For disobeying an order Of the Cbtirt fbr the. maintenance . of' his' sister, Richard Stratford was convicted and fined 205., in;default seven /days' 1 imprisbhmettt. ■ v /. ; ' A '.prohibition order to have twelve months' (iurrericy •in the Wellington, Htltt, and; Newtown Licensing Districts; .was issued.. against Bridget Kelly Kilteeri. /' ' ' : A young man-of war's -man named; David • John Johnston, appeared'in'answer to h'ollafgb of having, .on May C;-criminally assaulted a girl iliifteen ;yfearS' of ; age.',.' On' the. apjllicdtion 6f; Chief Detective Broberg, accused was reinandfed to WediiOsday ilext. , ::. ; ; Thi*ed first ■ Offenders for driinkehiiess, who' failed to appear,'were each Mhvicted arid fined iOs., in default 24 hours' imprisonment. Two btlier fitst offenders .were each, fined ss. , ■ .