MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 562, 17 July 1909, Page 14

MAGISTRATE'S COURT.

'/.(Boforo Mr. W. G'. Riddel], S.H:) , .. C . ';. ,; ', • > POLICE COUP DE GUERRE. ' • ' THE "TWO-UP" CASES. . ' - In anticipation of the hearing of .the "two ' *rp'V cases, there was a large crowd of on lookers behind tho barrier when the Magis trate took his seat on the Bench. -Sam Unonses to the number of 28 had been issued but twelve of these had not been served ' In the remaining 16 case*, 10 of the person: charged pleaded guilty. Two cases wen ' withdrawn by leave of the Court,- and twe 1 charges'Were'dismissed on their 'merits L (Bartholomew Mahoney, who pleaded not I guilty, was deemed by his Worship to be i ' (under the influence of liquor, and his case 1 - '•was'therofore adjourned to July 23, ho himi Belf being subsequently arrested' for mso- * ibriety. Henry Tointon failed to put in an [' \ "appearance, and.it is understood that a warI ' rant has beon issued for his arrest, r Sub-Inspector Norwood said that tho game '■. • .was played on a Sunday in a public iplacc, ' , 'at Newtown, in view of a public road. /-When { tho raid was made, a double-headed penny ! was seized, and also a counterfeit sovereign. He understood that tho samo thing had been t , , going on for about two years, and there had i been numerous complaints from the neighbourhood. , (' The following eight defendants, who had ' not been preriously convicted, were fined £3 [ and costs 75., ,in default seven days lin- > ' prisonment:—George Gordon, Stanley Heda- ,» , difon, Stephen Hanson, Walter Jackson, i Chas. Jones, Goo. Lawson, Patrick Mahoney, Gus. Thompson. Two, who had been onco previously convicted, Edward Hiscock, and 1 Geo. Rex, were fined £4 and costs 75., in dcf fault seven days. Each .defendant v 'was \ allowed 24 hours in which to find the amount f of the fino. < ,/'''< \ ' DEFENDED ''"TWO-UP" CASES." ! ** - a PROBATIONER'S EVIDENCE. ' Jack Marshall, ,who pleaded not guilty, was 'defended by Mr. Wilford, while Sub-Inspector Norwood conducted tho prosecution. Melville De la Coeur, police probationer, said 1 that in tho afternoon of July 11 he saw de- ' fondant r amongst those who were playing "two-up." Ho was making side-bets with l those present—Constable Willett said that 1 be saw defendant on the side of the hill .where "two-up" was being plajed. Defendant, m ovidonco said that ho had '' . just walked past tho place whore two-up was • being played, when ho heard a whistle, and thc-raid was made. . His Worship stated that there might be a suspicion against defendant, but tho case had not been proved. The charge was dis-' ' , missed. ' , . , , ' -■, Mr. Wilford: Now that that has been said, I "would ask your Worship to tako nptico ' that a probationary constable has sworn > that defondant was playing. If an ordinary individual had made that statement it. would be noted, and I ask that it be noted in this >His Worship.replied that the probationer had evidently made the statement in good ! frith—his mistalto was unintentional. Mr. Wilford: Well, what is going to be- ' wo of tho safety of tho individual if a probationary officer is going to make statements like that? , His Worship: I have notnmg more to say '; sn the matter. ! Mr Wilford stated that the ovidenco m i the rase against Charles Clark was tho same , as in this one, so the charge was withdrawn by leave of the Court. ' i ANOTHER "TWO-UP" CHAEGE. Tho next case called was that against ' Morris O'Connor, for whom Mr. Devme'ap- '- ' De la Coeur said that ho saw dc- \ fenrtant making sido bets outside the ring. , Constable Taylor said that he saw dofendf B nt endeavouring to get away from tho

ground,- end he assisted a probationer to etop him; 'Defendant gave his wrong name_ at firefc : Wlm the summons was served onmm later, he said thatv it-, was .for Timothy O'Connor, and -be-was Moms O'Connor. Wher probationers were, also called to identify defendant. ; , , Mr. vDevine,- in Btating the case for the waeacaeo of mistaken .identity. •, Defendant had a brother Timothy Very-much'like'him. , , , .■• , { ■Evidence was given by his-wife;-and'Thomae;O'Catlaghan' defondant's whereabouts during tho afternoon of' July 11; ■': Mrs. O'Connor said that her husband had; a brother timothy, who. bore ,a strong likeness-to-him. The brother had come'.honie'on Sunday, and after saying' he had , got into some trouble, had left tho place. Two players 'who. had pleaded guilty, also came forward, and stated that defendant was iiot.amohgst'those playing.- ■ , ,-.-, _. , His Worship remarked that.there was. some doubt in" the ■ matter, especially ; since tne eviderico of-tholast two witness been heard. Defendant' must get the benent or the doubt,' 'and/the'charge would be dis■miss'ed:;-^-;.." .; ■,'... . ■ '.. .';'■ •;;•-. ■

RESISTING THE POLICE. 'Awoll-built'young man, named Robert Wil liam Prior, pleaded guilty to two charges, on< of behaving in a disorderly manner in Unbs Street, whilst i-nder tho influanco of liquor and the other of resisting a police constable in the execution of his duty. On the firsi charge ho was fined 20s , in default 7 days imprisonment, and, on tho second, was finec £3, in default 11 days' imprisonment. CHARGE OF THEFT On a charge of stealing eight booke, value 5s , the property of some person or persons unknown, Albert Tronson, alias Chas Russell on his own lequest, remanded tc July 23. " THE LICENSING ACT. Two adjourned cases, involving allegec broaches of tho Licensing Act, wore agaii called on. George Avcry, barman of the Masonic Hotel, was charged with selling liquor, on June 28, to Arthur Scott while io latter was uhdor tho influence of liquor In the same connection, Frederick Dobson licensee of tho hotel, was charged with per mitting drunkenness on his premises. Mr Young appeared for both defendants, anc Snb-Inspector Noiwood conducted the prose cution. Aftor evidence had been given foi the defence, and Mr. Young had addressee tho Court, his Worship intimated that he would tako timo to consider his decision. INSOBRIETY. The paradox of a "first offender," whe had been several tunes previously convictec for insobriety, vas again befoie tho' notice of tho Court. Tho "first offender" in ques tion had offended soveral times previously but not lvithin. tho past six months. _, H< was convicted and ordered to pay expense! incurred, amounting to £3 35., in default 14 days') imprisonment. Annie Durin, whe had one previous conviction against hei name, was fined os., in default 48 hours imprisonment. - 1 > BY-LAW CASES. , ' For commencing building operations at Kilbirnie without a permit, John Wallace Easson was'fined 205., and costs £1 Bs., in default 24 hours' imprisonment, and for a similar offence at Northland a similar penalty was imposed. Tho same defendant was convicted and ordered to pay 7s costs for cnoroachuig on a public street by electing a fence. Svdney Bajhss was.fined ss. and 7s.'costs for'allowing a horse to'wander. For permitting offensive lubbish to rcmair on their premises, <W. and W. E. Dickersoi uero fined £3, and costs 95., in default 46 hours. ..,,,..... .... ... ..,. ' For commencing building operations without-, a permit, J., and A. Wilson (Mr. VGray) Were convicted 'and ordered to pay,£l .Bs, COStS.' , : ; ■!;'':■.:':'■';■ .' ■ .'■.■■■ '■•'.'■.■ V-\V •' - VV'.;'':jV ;A "pTHERXIHARGES. ~ '.'•'■ v •• ,■•>.'■ A''■ plea, of ,'not^guilty,'was entered by- ;th< "Wairafapk'Meat-Company (defended by ■{Mγ Wilford)'t6r'a .charge brought by Mr. ,0:.'B Aldridgo, Inspector of Factories, of failing:t< close their premises at 9 p.m.; Defendiinti were convicted and .ordered;.to pay costs/15s. :m':default'-'24 ; .'honrXv -.■;■' ■ / ,' : - . ■■■'■' ■' '■. A, charge ■•against Peter: Walsh - of .-■ill ■treating a,horse by overloading was "ad .23./;. X ''.S ' . ..■ ;^ ; /■ ; ';;'.:CiyiL BUsWeSS. : ) gv; ;: !*(BDfoTe Dri;AS M'Arthur, S.M.)j. ■ : ? :^:-^^:K^ilM Y FO'R;GpODS;-..v ' ' ; :: 'The sum bf:£loo.4s. 7d,,>alleged''tobe.du( -.forigoods delivered "aiid money; advanced,'.wai telaimed-by": MacEwah?and Co;from J 'B.'Cowing/;; After hearing evidence, his Wor shin .ihtimated-that; h«i. ; would -take time" ,ti :.consider'his 'decision.. : ~Mr.: Samuels appearef 'for':plaintifis.-" ■' \ '■_-.^ •■';>;.',, ' ;. .