MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 506, 13 May 1909, Page 2

MAGISTRATE'S COURT.

—1» ; ' (Before Mr. W. 6. Riddell, S.M.j THE ALLEGED POLICE SCANDAL. POLICEMEN CHARGED WITH ASSAULT. The approach to the door of tho Court room was crowded from before 2 p.m. until 2.15, when tho charges against tho two constables, who are alleged to havo been eoncorned in an assault , which occurred on Monday evening, were set down for hearing. As soon as the entrance to the public portion of the Court was opened, tho public literally poured into the Court room. Tho Charges. John Edward Watson and Win. Joseph Gardiner were both charged that, on May 10, they did unlawfully assault ono. Wm. Rolfo. Tho same two defendants were also charged witli having unlawfully assaulted one Florence Beatrice Holfe. Defendants pleaded not guilty to both charges. . Inspector Ellison appeared for tho police, and Mr. Wilford defended. A Protest Against Haste. - Mr. Wilford protested against the cases being rushed on. Tho matter was of importance, both from the public point of view and s : as far as.it concerned the.men, ])oth of. whom were constables who were on tho'.'street in plain clothes. The wholo of the men's future depended on tho result of this case. If it was proved that they were guilty, there could be only one end of them as far as tuo force was concerned., Counsel objected to one step being taken now. The summonses had only been served on tho inen a few hours, and ho (counsel) had only had two interviews with his clients. It was absolutely impossible for him to defend the men as things stood: at tho present time. Inspector Ellison dosired to call two witnesses off the steamer Kaipara, but that was no reason why tho case should be rushed through. If the police, insisted on calling these two witnesses at onco he (counsel) would not: cross-examine them. The ordinary civilian charged with tho most trivial offence would not bo forced to answer it the following day if. he desired an adjournment. Mn Wilford said : ho would take no responsibility if the witnesses wero called., ; Tho Court, would take oho responsibility of defending tho men.

Getting Witnesses Off a Steamer. Inspector Ellison stated that the Kaipara was leaving port at 4 o'clock that afternoon;Hp had lio objection to tho rest of tho case standing over, but ho suggested that the evidence of the men on tlio Kaipara should bo taken. The vissol, however, did ..not leave .New Zealand finally until! May 20;' and it might bo arranged to lmvo the men's evidence taken on' the morrow if that would suit counsel.' ' Mr. : Wilford: "If the boat does not leave Lyttelton until May 20 tho Crown could keep tho witnesses hero until May 18 oAMay 19. The defendants' wore' entitled to have' a proper dcfcnco'workcd up for them." His Worship: "I think Mr.: Wilford's objection is a reasonable one." . The Court thought that seeing the position defen'dants hold as public officers, they should have ail opportunity of having their defence put properly before tho Court. The matter ought to "be adjourned to give them a reasonable opportunity. ;. ~ Mr. Wuford suggested an adjournment to 2.15 on Monday. ' Inspector Ellison:. "The case could not bo completed then.-, One "of tho witnesses is too ill to appear according to tho doctor." Mr. Wilford: "A further adjournment then would not matter." His Worship granted an-adjournment to 2.15 p.m. on Monday.

ASSAULT IN TARANAKI PLACE: ■ MAN'S OUT. , "hlias 'TKomas■ tiurr.s, .'appeared on. a charge of having, on May 8, assaulted: one/ Michael Malloy, .and' robbed him'of a bottle'of; beer, valued at 6d; Kvidonbe : that,- between 9.30 and 10 on."- Saturday night, be waß going from the Masonic Hotel: to a boardinghouse in Taranaki Place.' 'When in the latter street ho met, accused and another man..Mullins asked. witness if he was a sailor,' and also asked for Is. Witness replied he ' ■ had • hot:. got Is., andacoused, then took a bottle - of . beer witness had in his, pocket. Accused also knocked witness down, and kicked him on the mouth, knocking two of his teeth out. Mullins was under tho iullueiico of drink. Alexander Maxwell deposed that ho sawaccused knock Malley down,- and kick him on the face. • Constable Hodgson also gave evidence. Accused made a statement on oath,'and pleaded guilty to a chargo'of assaulting the man, but not to the charge of, stealing the beer. ■; i His Worship stated that, after hearing tho evidence, he was satisfied that the charge should bo reduced to one of common assault. -. : - " '. . j . Accused was thereupon charged with assaulting Malley, and pleaded guilty,'entering a plea for .leniency, and urging that drink was his ruin. His Worship , entered a sentence of two months'- imprisonment. '

A. HOMELESS WANDERER. A big-framed man, named John Johnston, pleaded; guilty to being an, idle and disorderly person, within tho meaning of tho l'olico Uifences Act, 1908, in that iie has insufficient lawful means of support. Sub-Inspector Phair iiitormed the Court that. Constable Havelock 'saw accused wandering aimlessly about the wharf on Tuesday night. Johnston admitted that ho had 110 ]>laco of abode, and that 110 had been sleeping out lor- somo timo past. Accused was in, a bad condition, sufiering from an injured leg, and, in the Sub-Inspector's opinion, tlie\proper place for him was the hospital. • , Accused was remanded for a week for sentence, in order that the gaol surgeon might examine him. ' ■ ■ AN OLD MAN'S PLIGHT. A tottering old man, named Thomas Brodie, pleaded guilty. (1) to the theft of a pair of hoots, valued at 205., the property of Alex Dimdore; (2) to tho theft of. a pair of boots,, valued ai 7s. Gd.-, the property of" Alex Dimdore, and (3) having been 'found by . night, without lawful excuse in St. Joseph's Church, Buckle Street. Sub-Inspector Phair said that accused was found sleeping in,the porch of the Catholic Church in Bucklo Street at midnight. He was taken to the police' station,and tho • first pair of boots was afterwards found in the Church porch. Brodie was wearing another pair of new boots. He admitted stealing both pairs.

His Worship entered a conviction, and sentonce of 14 days' • imprisonment on each of the charges of theft, the sentences to be concurrent. On the other charge, accused was sentenced to throe months' imprisonment, this sentence also to run concurrently.

TROUBLE AT THE BAIt.

An elderly man named pleaded not guilty to a charge of having on May 4, unlawfully assaulted one Christian Anderson. . Informant stated that ho was sitting down in a hotel bar when accused canio up aud struck him over tho cyo witli a mug, inflicting a wound which necessitated four stitches. Accusod said that ho was having a .drink with a friend and talking about work, and what tlie winter was going to be like, when Andorson camo up and said something which provoked him.. Ho went to-throw a mug of beer in Anderson's face, but the mug slipped out of his hand, and struck Anderson over the eye. Thomas Burns gavo corrobo.-ativo cvidcnco. His. Worship said that accused probably had some provocation, but it was not sufficient to warrant an assault such as was committed. A conviction and fino of £3, in default 14 days'"imprisonment, would bp entered, half'tho fino te bo paid to informant to cover medical expenses.

■THEFT FROM A HOTEL. John Thomas Driscoll was charged witK stealing a coat and; vest and pair of trousers, a shirt, a razor, and brush, of a total value of £3.55. (3d., tlio property of one J. Patterson, from the City Buffet Hotel, occupied by A.-11. V. Lodder. liviacnco was led to prove that tlio articles were stolen from a room in tho hotel, and some of tho clothing was fouud on accused, who had put it on over his own clothes. Ac« cuscd pleaded guilty, and was oommittcd to the Supremo Court for sentence. , A STOLEN BICYCLE. , A young man named Henry Eraser 1 Mafc. shall pleaded guilty to tho theft of a bicycle valued at £8, the property of Harold! Lyon, ' and was remanded until Friday for sentence. Tho same accused was further charged with tho theft of a choquo for £5, tho property of Herbert Masters, of Otahuliu, and was remanded until Friday. OTHER CASES. \Vm. Joseph Grondon, on remand, pleaded not guilty to a chargo of brealdng and entering tho dwelling or John Henry Meyer by i night. ' Sub-Inspector Phair said that ho had mado inquiries into 'tho matter, and ■ would ask that tho chargo bo rcduocd to ono of being found by night without lawful excuse on tho premises iu question. Accused pleaded guilty to tho amended chargo. His worship warned accused of the risk ho ran, but said that ho would give him a chanoo; •by entering a conviction.-iand; order him ito .:. . como up for sontence wlion called on. A man-of-war' s-man, named David John Johnston, appeared in answer to a chargo of having criminally assaulted a girl thirteen years of age. Accused pleaded not guilty, and was committed to tho Supreme Court for trial. Bail was allowed in the sum of £60, and two sureties of £30 each. Chief Detective. Broberg conducted tho case for the prosecution,. and Mr. Wilford appeared for tho defence. . , •

Threo_ first offenders for drunkenness were dealt with. Ono was fined 10s., another waa fined 55., and tho third was convicted and l discharged. . : , •" . ... ,

' CIYIL BUSINESS..

(Before Dr. A. M'Arthur, SJiL) .' 1 A REHEARING. A rehearing of tho caso, in which Thou. Jos. M'Carthy sued Frederick J. Bead, riflo range oustediau, Aro Street, for £46 16s. 5d., representing: the amount of two'promissory notes and interest, was conducted. ■ On the- previous hea-ing- of tho action, tho ,i case went by default. In tho present proceedings defendant connt-er-claimcd for. £36 10s., getting out in'his claim (1) that tho promissory notes were given as purchase money for ten oows, of which plaintiff failed ' to deliver one valued at £6 ,10s.; (2) that he was. induced to purchas6 tllo oows through, ... the representation of plaintiff, and that they, would yield' a return of £5 per week,' whereby it was alleged £25 damages were .- sustained; (3) that there was'delay in tho delivery of tho cowc, whoroforo defendant claimed £5 damages; (4) that plaintifi wrongfully obtained from, defendant tho promissory notes in duplicate and discounted both. After a long sitting, his Worship'ro-,' served 1 , his decision to Tuesday next'.,- Mr. Johnston appeared for plaintiff, and M& Diinnjor defendant.. ■ .. .. -.■ THE KARORI COLLISION CLAIM. Finality".was rcached in. tho hearing 'of -, evidence in tho case Qucoiuo -Warren(Mr. -; o'Loary)'v. Antonio Frandi, a olaim for £7ff . damages alleged to have been; caused thxougt one 'of 1 defendant's _ servants collidiAg witfr plaintiff • whilst cycling'on the Karori. Road His Worship reserved his decision.