MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 524, 3 June 1909, Page 9

MAGISTRATE'S COURT.

V MOUNT COOIC POLICE COURT,

: . (Before Mr. W. G. Kiddell, S.M) 1 ALLEGED TILEF!' Or A CHEQUE , icaso E John' B. . Clough, - 'charged withr having,- oil April . 23, •6tolerra cheque. for property of John ,lv.-Bothwaitc,: ironmonger, . Nelson, vivas concluded. - CMpl-Detective Broberg-.conducted; the.', case for the, prosecution, 'and "Sir. Meredith appeared .for .thedefcnce. ■ . v ' V- ' - ' > :• Richard \V. Brown,-.of the firm of S. Bro\vn : antl Co., coal and_ grain'merchants; stated tliat Reused, .and' saw . him , on, April! ??ri :° n -'.cashed ■' the cheque' - produced. ,Whe»it. explaining - about the cheque accused handed . witness' Mr. : Bethwaite's card." - a m S : E . : J VGrath, ; vocalist,' staged that, .on .April .23, ,;in the'- Pier ■ Hotel, 1 accused asked wncss n ; .he could cash the cheque produced, and . witness ; said., he '.pould :no't. ; Bethwaite's name was .notVmeritioned. j ''w.' ; . ' : . Detective Connolly. stated, that . he arrested acdusscr on May >24;:.. On being charged accused .said: Mr. Bethwaito. jjavc mo -that cheque to cash - at the.jCecil Hotel; -1 made an 'Appointment to; meet him ,at the hotel to give him the cash.;' - X went,back to the hotel, but Bctliwaitc was arid I have , not: seen, him since. The fact is that I lent * some money to - Bethwaito going -to Wellington, races, and- he gave mo .the cheque to .take my-morioy out of it." This 'concluded; the Case', for tho prosecution. Mr.-Meredith,:,for. accused,-called Frank W. Dakihi/.hbtelkeeper,: .who deposed-'that Beth" ■ waib: called pn ; him ; . on.; April 23, and wanted .him'',to cash a cheque far- .£lO. - Witness would not.'cash\tho , cheque :,as, : ho,'considered, the man had been drinking. ;. ■ Constable Cumirtinga also travo oridonroEli Worship held that a prima facie case

had • been ■ made out, although not a strong one.' : Accused pleaded not guilty, and was committed to the Supremo Court for trial. Bail was allowed in .tho sum of .£25, and ono surety of -£25. CHARGE OP BKEAKING AND ENTERING. John: Tanered, butcher, appeared on remand on a charge that, on May IS), ho did break ■ and enter the shop of Louis Truman, by day with intent to commit a crime therein. . • ' Chief-Detective Broberg. prosecuted, and Mr. P. \V.: Jackson appeared for tho defence. Louis. Truman, tobacconist, Jackson. Street, ( Petoue, stated that, on Wednesday nfternoon, May/19, ho saw two men-in his backyard. Witness asked what tltey were doing there, ond ono (accused) said that he wanted somo cignrettos. ■ Witness gave-him the oigarettes/ aud tlio men went away. Later, witness looked up tho ■ premises and, went up the road, leaving: XIOO on the premises'. Meeting tlio two men ; again, and becoming suspicious, lie returned to his.shop and locked .up his monoy. When ho returned subsequently, lie. found the door open, and tho window broken open. ; ; To ,Mr... Jackson: .lie had given accused the cigarettes after closing hours, so as to, get rid of him. ' • J. S. Griffiths, plumber, Petonc, knew the acoused casually.: Oil May 10 witness was at the back :of .Truman's premises, and lio saw Tan-/ crod using: a tomahawk on the middlodoor. He appeared to bo prizing, the lock offi. Another man. was with accused. back door had been forced open and tho window had also been operated on with an axe. Witness advised .the men to. clear out, as ho "knew what their game was." Tho men then jumped over a hack fencc, and ran away. , . Detective Cassells stated that ho went to,accused's house and sa .v. accused, who .admitted that he was at Truman's shop with another man. nnmod Murphy, and that ho bought a packet 'of : cigarettes. , Witness had made inquiries, but could get no trace.of Murphy/. Accused pleaded: not guilty, and was committed to the Supreme Court for trial.,: Bail was , allowed in the sum of ;£oo, and two sureties ; each. ■. TIIE lIUTT RECEIVING HOME. Mary Ann Caliingham was charged that, between April 27 and May 18, at the Lower Hutt, having ' the custody of Harold Leatham,- a child six months of ago, sho did wilfully neglect: him in a manner likely to cause injury to his health. .: ... ; , '• - Chief Detectivo, .Broberg conducted., tho" case ! for the pglice, and Mr. Heidman appeared for tho defence. j ■ i;Tho evidence for the prosecution was similar to that put forward at the inquest on tile hodv of'the child. : At : its conclusion Mr. Herdman remarked on the' serious naturo of the .charge, and said that ho proposed to call rebutting evidence.',, : ■ ' , ' "■ ' ■ ~ ' Mary Ann Caliingham, nurse; residing at the Lower, Hutt, deposed that, she had been nursing- for about twenty-five, years; Tho e deceased infant was 'a 'weak, small child, arid had- curvature' ofthe spine,: and con.h'actc'd '.inUsclos;' It didinot thrive-'as. it ,should have; and although • wiry, and hardy in a, way, witness' could, get jjo flefli on' its; bones. She,' however, got its back and its limbs straight by massaging. '.When' it, began to suffer otherwiso, witness asked her milkman if lie was feeding:,liisi cows on anything unusual;, he said "he did not think • so, but, when: the child's - complaint. .continued, witness ' asked •the. milkman to find out for certain, and he then stated that the cows were being fed - on. potatoes. f Witness;, then gave : the'..' child" a recognised baby' food, and continued to do' so'up; to the time of its death, She did not send for the doctor first, because she was unablo to pay for one; secondly, because she was treating the child on treatment prescribed, for another, child by ; a .doctor, and lastly, be-' cause the child was apparently thriving on the food-and igettingiwcll.' .. "j -: '.; ' ', ' The milkman referred to above deposed that ho had received- complaints from defendant about, the quality of the milk. Eaoliael Turner, who lind lived with . defendant for. a month, stated that tho child was: woll fed and well looked after. From what •witness saw,-' she,.considered'' the-' nurse- -did everything that could, bo .done.' '.'■His Worship'thought thoro v»'as a case tor ii 'jury." • ' -, ii„ : Accused pleaded: not guilty, and iwas committed to tho 'Siipreme Court ..for'; trial;- ,- Bail was allowed in-the sum of and ono 'suraty, .• • . . -

V BREACHES' OP THE LICENSING ACT. !.'. John: Shortis: was charged: (1) that, on Sunday, liny.23. at Nsahauranga, being licensee of tho:White Horso Hotel, lie did open such premises. for liquor.; (2) J]i£, same' date, .':h'e"unlAwfrillyi sbld'--liquor tor.oneV '.AYm,'.-Kenealy. IVm; Davis, barman, wa9.-,-charged tha't;'beine • a person other', than the licensee of .'the:--White. /Horse..-'Hotel, f he sun-, plied liquor .to one •'JVm.i Kenealj-,' oni-May 23; Both:, defendants, 7 ,for whom Mr. Jackson ap- 1 beared, .pleaded not. jjuilty... Evidence was. given by Constable Keneal.v that ho went , to the ■White Horse Hotel, : Ngahauianga on - Sunday, May 23,' having been sent'-'there to get a drint.-. . After, : some preliminai;ies, - witness and Constable :Berthelson. got a .drinfc .from defendant Davis. .Witness; paid. 15...6 d. for three 'drinks, arid i later" they', had another, 'drink, .'and : remained :for. .dinner. Constable, Berthelson gave 'Corroborative evidence.. : ': . - ' , -At.>tbis .stage: clefendants ,withdrew: theif plea of - not 'imlty,'arid Ventercd pleas of guilty. ■His i Worship .'entered a conviction , and fine •of iBo; and.'/costs -75... against. ShortiS on the charge of'selling, and on the'other charge lie would, be .convicted and " ordered to nay costs 7s.' As to Davis, ho hud.not made'sufficient in- , quiry of the persons' he, served. He would' be convicted and: iined-.£3/. and costs 7s. ; ' , A SUBJECT FOR PAKATOA. 'C" .George Wni. - Jackson, remanded "from . last' week on'a: charge of habitual '"drunkenness";' was-ordered to go and remain in the. Pnkntoa Iribriates : Home' for twelve months., : Sub-In-spector Phair' remarked. ;tl\at from, inquiries, made ,he. found there were several vacancies at Pakatoa. ' 1 ' . ..'■

At the Mount Cook' Police Court' .yesterday morning,,before l\[r. Thomas Bland, J.P., Philip Shannoni charged .with-.insobriety, was fined 10s., in default 48 hours'-imprisonment;..'■ John 'Turner,..also.charged with;insobriety,. was fined 105.,';. in default .48. lioiirs'. i - Charles Blamors. . appearing; on ~ a similar, charge, was convicted and discharged, and two first 1 offenders were also; convicted and. discharged.-