MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 716, 15 January 1910, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. W. :M'Arthur, SJL) : THE CASE OF OW GEE. j '•'.■'••' ; ■ •' '' ' '■'■' ■ A: LETTER TO AN.EDITOR.: : :•'" Most of the aftornoon.. sitting- of the Court was given over to the hearing of -the troubles of Ow-Gee.and Louis Kitt, the defendant and prosecutor respectively in an assault case, wherein Ow Gee was alleged, to have blacked 'the eyes,of,Louis Kitt for having made insulting reflections concerning his' (.0 w GeVs) uncle in a letter'to the:editor of,a Chinese newspaper in Melbourne. Mr. Hcrdman represented Louis.Kitt, while Mr. Xuckie conducted the. case for Ow-'Gee.-' .'- ' (■ - • In opening his case, Mr.':Hcrdman said that the whole trouble ; had arisen from 'Uie fact. that there '• were, two sections -of Chinese in Wellington,-; of- vihich . his client, Louis Kitt, a' wellJcnown Chinese merchant of Wellington, rejjresented one. Ow Gee, of the' other- faction,- had met Louis Kitt. at tho.fruit market one day, , and /'without- provocation,;. without justification," had assaulted him, blacked his eye, and knocked him down:- Further, Ow Gee had signified his intention of con- , tinning' active hostilities ■: against . Louis Kitt,. whatever. the result of the present prosecution might be., , The defence, mainly, was.-the plea of pTOyocation.,-Ow Gees uncley en : route, to China, .had-'Spoken.appreciatively of the good'work-which was being done in New Zealand by the-Chinese Association.': To this, Louis Kitt .had replied :;in.- the Chinese newspaper in Melbourne ia-terms of an insulting character, of such a character, in fact, said counsel,for Ow Gee, that for very much less a European,would have been justified in-doing- precisely as his client. 1 had. done. •:'. -.'.'.■ .- Hjs -Worship, smiled. -'"Hardly,",-.he 'observed.. :'..,..." '' , Finally,..after much',evidence had been untangled by the; two interpreters '/from the. .involved statements' of 'the principals and the witnesses, his'..Worship' deoided ;that : the' defehdani, Ow Gee," must lose, arid thereupon* fined : him £2, w-ith i costs totalling, M ,Hs.,.'.half•' the fine ,to bo allowed to.the;plaintiff. \"'- :.\ ;,-' A WE3SI. . ■ , '']] "Fifteen previous,' . convictions, ',:• your Worship," remarked Sub-Inspector '-Nor-' wood,,referring;.to; a man named, Samuel: Cameron, who stood irith drunkenness., ,: -,'■;',.', "The ■' accused • strenuously protested/ |That is not so,,your Worship t" he.said. 'T.vo, only been' four times before :tho Court in thirty years." ";"■■ ■ The Sub-Inspector,-consulting the 'file, stated that .the records, ; showed^. fifteen previous- convictions, >nd' that this could be verified,, according/to the file, : -by exaniining: the,--man's wrist. 'He crossed oyer to tho dock, ..and- pulled back,, the man's ,"coat-sleeve,, disclosing ■ 'a' ;i .tattoo mark. "He's the. man all right,"- observed i his Worship; ..and. with i that -he. imposed: a"; fine of 205., - with; the option of seven days'; imprisonment.".-. UP THE; FIRE-ESCAPE/;;; : " , Three charges 'of theft were-.preferred against John-Maine, who pleaded guilty to'each. ; According to the statement made' by Sub-Inspector .-, Norwood,-. accused climbed; the-fire-escape. ..of Va boardinghouso, • and, stole from' one' of \ the bedrooms two blankets, the ; property ;;of Charles Eugene, and subseq,uantly made his way out _ of; the' house by the front, entrance; which' was opened' for. him 1 by the: unsuspecting, Ho then 'ne-, gotiated sale of tho articles:to a. second-hand dealer, i'Jacob Rosen;-who offered part payment only, asking'.accused to; call in later.for the remainder; Theaccused called, .and: :.was.again '.'asked -to. .return, later..' On -.his'. .w.ay;; out •,''of - - the establishment however,\ accused picked lip a~ portmahteau, ~a.; skirt,' and '-two,, underskirts, and decamped.', This; constituted tho second' charge.- ; The third charge' .referred to-the theft: of a bag and two bowls.'.the; property'bf Benjamin: Herd. ;: ■.-"• Chief -Detective Broberg - asked for: a remand, in order that.-further/inquiries-be made .into .the. accused's characteri : and preyious,;-,;,record.' .The was granted.;;;. ;-!.:.-' ! ; ; :,', : :- ~;,; : tp:;',: •■ ; ;" ; HIS -WORSHIP>.MEETS A. ..''FRIENpI"'. ■ Henry,Jefferd ) ..th6'occusier of;a; stable ■in. Luke's-Lane, .'in'which a;iiuantity..of, whisky and-bber,was found by .a'raiding party of police, was charged with-having been,. privy,' to;'-.an : unlicensed' sale of liquori which:had-been ; .the subject of a' previous prosecution; Mr.; M'Grath,. who appeared for. the.!accused, admitted'the facts, but urged as a plea for leniency that, Jefferd; had had : nothing ; recorded against;his name for. five years, ;and-had ; really, reformed. ': '.'/..' '■' '..-''•.-' '■"■•■'.: His Worship: "You and I .are' old' friends,' are.wenotj'-JefferdP":..;, .';.'.., '.The accused: .'-'Yes,-sir." ~-.', -~' ' His Worship:"You remember the last little talk wo had' together— thafs; a' long time: ago, now,: and I'm sorry to see you here.now. I'm "going to'be lenient with you, and I hope'that you, for your .part,, . will -keep straight' 'A fine of £2 will be imposed, with costs :75.,' -the option being seyon;; days' imprisonment" . ''[ ; : .TROUBLE AT; , -As the result.of-a melee between Claude lvei-sen and' John Hill at ■ the Theatre Royal,- occasioned 'by: an : altercation over the possession of a seat, ■'. temporarily vacated'during'the interval, the formbr, on a.'charge. of assault, was'convicted and fined il;"with the option, of seven-days' imprisonment ;. .:' :i...:~^' : y ■~' ■.;': :-y ri- : .AN INCOERIGIBLE'ROGUE.' ' ;..,'" _ Jessie MTSwan,.alias Harvey, who had oiice before been ; convicted' as; a rogue and vagabond, was again called to account for her. style of living. She ; was deemed to. be an ■ incorrigible: rogue,: ordered' to remain'in»'the Salvation Army; Home for a'.period of sii- months, and informed that, if she. did-not behave" herself .while in ■ that institution, shewouldbe required to spend twelve ■months in,an' establishment whore, his Worship observed, "she would not be /so, comfortable." >,-,', I ,',', ■; '^.DRivTOs^iTßbußLE,^. J;'£ . Several drivers of vehicles .were charged with breaches of the. street traffic by-laws. Henry Ash worth and James; Malcolm, for having left, their; vehicles unattended,', were each.; fined 10s., costs : 7s., with' the; option; of 4S hours' imprisonment: ■ William Edwards,' an' old age pehsibner, pleaded guilty, to.having' left- an ;unharnessed. vehicfeina public "street; and ,was ordered to' pay' the costs of. the prosecution, the option being 48 h'ours' imprisonment .-'r\ :;::,,'- . : A lad ■ named Walter. Rice. - pleaded guilty to; having driven aoross a'streot intersection .at, a pace;exceeding;a. walk, and; was fined 103.,-'. costs 75., .with !the option! bf 48. hours' imprisonment. ." /For having driven his vehicle along 'Willis- Street, without, lights-after d&E on .December 19,;, Harry Sutton, who pleaded guilty,, was 'fined 55.,' with costs' 75.,- the option being 48 hours' imprisonment.. Arthur, Simmons, : for oychne; at .without a light,,was similarly dealt with.' ': •' •;"; " .-;',;': -;' ';' ."•>.'"",' ."•'"/' ; "'.» IDLE;AND DISORDERLY. :- Three mouths' iinprisohinent w.as ■"■ the sentence meted out.to Lizzie.Conolly,who pleaded not, guilty to a charge-of being-an idle and : disorderly person, having insufficient lauful means' of, support. '■ Mr! Dis, on accused's bbhalf, called evidence in support of , his contenßon that his client was in employment, and in 1 receipt , of 'a weekly ■ wage, but his Worship discredited the. ovidence.'' ;,- : - ;. BOTTLE ,OF P,OET WINE. .. ' ' -Thomas ! Baldwin (represented by.: Mr. Dix) pleaded guilty to a charge of having unlawfully sold certain liquor—a bottle of port .wine—to Patrick Corby.; His Worship accepted counsel's thai accused was riot aware' that,- indisposing of iiquor purchased by, hjm in .corineo-. tion with his- business,, ho .was 'doing: wrong—in faot, he, voluntarily.told,a;oonstable'bf ■ the transaction—and "imposed, a nominal:penalty, of ijli'.with;costs 7s. ; ; WAS:IT: AN-EGG?;' : . ; '"Too much- altogether has been made' of this affair," ■ observed his Worship, as he dismissed the ,case Charles Marshall, a cook employed at the Troca'dero' Hotel, who was charged:with- hav-; thrown an.: egg at .Mnisie. Hill; awaitress; causing a swelling c'n her eye. MftTahftll jgaa defended bj lis. Jaokeon,

who 'raised"two point's: First that'"the missile was not: a ri egg, but' a, piece of dry toast; and, second,. that tho'.lady. did not desire to prosecute,",-. . It was stated in evidence that, on Boxing Day, tho cook,was kept very. busy handing out orders, and, it was further stated, that his temper, had been' ruff led. Finally,, when: tho lady in question, who was: assisting; in tho dining-room,, appeared at tho,.;kitchen counter for an order,, ho - was • alleged; to :'• have thrown. a hard-boiled egg,at her. - She shrieked, and the.commotion brought the -proprietor !--.6h -the scene,/'who ."dismissed the man. ■ , .;,',. ?.', . ■'■ ; The, cook stated,that there.was not an egg about that ho could havo thrown. ; The other side testified to.the discovery of-.a hard-boiled: egg on the floor/underneath tho,. counter. The lady ':. herself was not might have been an egg, or it : might' have been toast'..' :, ■' "The man has been, sufficiently punished,by:, the. loss.of .his: position," remarked his' Worship, as he closed the .proceedings...-.;-'.". ,-..;!:■ '".■■■ ..'. PLAYING. HAZARD. : Edward. M'Carlhy; pleaded not guilty to a charge .of : having participated; ivith'a number of others, in: a game of .hazard, the scene of: the: sport .being Odlin'stimber yard' in TaranaM Street.- , Tho evidence showed that,a-crowd-of.men were observed by ~ the constable I on. duty to be "absorbed in' something which was going on; in. the-timber: .yard. 'The constable, drawing,near,-watched'their doings for a minute' or .two—long 'enough to be convinced the.- game; was "haz-. ard," -the articles dice, and the. stakes i money. 'Ho was'suddeiily. .observed,' and the crowd scattered in all' directions,' the accused, - unfortunately,, ohoosing' as -his line of retreat the. path 'cbmmanded by , the constable,; whose 'arms; promptly • embraced him.. . ;': •.■'■';' '•■('.-' ■■'■■■'■■' The -defence' (by'Mr/: Jackson);was\a-i general .denial/of- the .allegation: that the accused :'was - playing hazard.:-' ;'- : His. Worship -disbelieved the'evidence t for the.-defence,- arid:imposed, a to of \£Z,' costs Is:, with. the option of [U days' imprisonment//; /:' •,;■; ' ,; ■;'.' CONCERNING, A TaXt-CAB. ,; V After .hearing the "evidence': of several witnesses, ; his Worship ..dismissed tiro charges which'had been preferred against ■Charles, Young,:,'driver of, a;.motor-car: first that ,his'car/was. driven ..along- the Kaiwarra- Road -at ■ a ".dangerous -speed; and,: second, that he. had failed to stop whan ; an- -accident. occurred,- whereby a cyclist, - Christopher '. Livingstone,, :was thrown* off; his-.machine.. Sub-Inspector Norwood conducted the. prosecution, and Mr. JXv J; -Jackson; represented /the ac-1 CUSedi; ~- /■:■-.■-■'■,.'■' -•• ';. -..,-..' ■•-..■■'• I According'to the evidence for the proso-1 cution,. a ' spring, trap was" being driven along the centre'of'the toad -by Francis Field,', farmer, of Ohairiu.;. A cyclist ■Christopher-Livingstone, was'/ following behind,' using' the/trap- as - a wind-shield. Overtaking them -was' a..taxi-cab, driven by Charles Young,- '. and,. there being -no ( room for; tho '..car .to .pass- on' the . right side of -'the/road,'.-the chauffeur.:sounded his horn,..'arid 'steering'■•for/the; left :side. of' the road, would have, got through, on'; his- wrong-side had not the : cyclist, hearing the'.horn,; drawn -off 1 :.to. the< same side.. ■'.;. The ' off-front /.wheel/of .the ;,car--| struck: the bicycle, and i damaged it considerably, although :the rider-.escaped 'with' I a- shaking. ~.-,".:-; . ' ;"",.; .'The-evidence as to the ■: pace of the car was not conclusive. On the other point .-failing, to pull up after ;the accidents it. was pleaded' that' the ; chauffeur actually, stopped the engirio'of-the; car, "whichslowed;down,;but 6eeirig■that i 'the cyclist was:not hurt, proceeded on; his way; : ;,..'■;.''- : AFTEr: HOURS.'-/.;"',/,; - 'To'"Eßparate' v chai^cs' - .of;haTfrig ' been found on- licens'-d ■ premises-the Palace Hotel—after-:hours, -three.'-young /men, Dennis' Pottinger,'; GebrKo'.: .Smith,' andThomas' Walker, -who..all- pleaded guilty, were :each\ convicted and 'fined £2, costs 95.,. the alterriative.Cbcing seven days', imprisonment For; the . additional offence' of giving a false name:.and. address to' tho . constable, Pottinger -. was •• also - fined ■£%{■-- costs -,95.; 'with:.the option of seven days imprisonment ..:,.,.. ; was n0,,- appearanc Charles. Jnrlong iri • answer •to a- charge -of -having been;found.in;the Britannia Hotel after hours. He was convicted arid-fined -£2, costs: 75., with the .."alternative -of seven days -imprisonment.'; -V/.- '/' •':• / /-:-'ALLEGED-;THEFT:OFiPIANOS/v- ' '- Edward' John'.Farilkerier,'charged' 'with' thetheft of.'certain/pianos/was,- 'on ■'■ the' application. of Chief-Detectivo ' Brob'erg ■ remanded, till-January : 18..;; Mr.-/Dunn! : who. appeared for tho,accused, asked for bail, which was nxed.at .£IOO, with one surety.-;0f;,£50.,;..•.;:/..:,'./:;■'.,. ';.,. : - -•':-'C : V;.';.;.'PfSpBRIETY/. ; : : ;: .\;.^/ : "/:C ..'With.: one:,"/previous';'.conviction ' for drunkenness: against -her -name, Mary Joyce pleaded guilty' to' a' second'offence,' and was convioted and;fined 10s„-with the option of d 8 hours', imprisonment brio ..was also.; ordered.to -pay ,105.,/th'e ? amount „ot -the- damage done; by her to a pane of glass!.while intoxieatßd,' or goto prison foi;: 18; hours/.' /.•"■-''■/' ■/ .Three; first offenders were' convicted' for drunkenness, and disoharged." - .-,: . -; '; ,-;''■:''''/ '/■-:-;OrmiK'-CASEs!' i // : Touting-, for [hii-o.; .within -;"the 'precincts ol.lnorndon Station was:the cause v of the appoarance'of Daniel Lane in; Court. 'He pleaded, not guilty, but: his .'evidence, did not:appeal'to bis,Worship,,who'recorded a conviction and .fined the accused 10s. costs 155., ..the. alternative being '48 hours' imprisonment.,.: /,/.,; ,- An. applicatiori; by Daniel''Darke, for ; the variation'of, an order and the remission of arrears,: was-grarite'd, the order being fixed at 75.,:6d;-per. week." /.'-.- r -On-a j charge'.bf having opened' his shop tor tradmg on Sunday, Ernest Benge, who pleaded_' guilty,;.was. ordered to pay tho costs/of the prosecution, 75., indefault, impnsonment.- It-was pointed out that,the. offence,-,-in• his : partioular case, was.in allowing'oustomers'-to take the'goods,..bottles-of aerated water, out of .the. shop. .',:// ■'.-,-,■; :-,;-,';.',. /•For-failing/to :pay '-hb/tram-fare':on' the Karon line, /William - Nugent Miilville, who pleaded. guilty,:.was/fined Is., with costs 7s„ ;and. solicitor's .fee;-21s • ! Ernest ;Bray,. who pleaded not guilty to t i ,?? - ot ' ;,aSin K language .'at Island Bay, was convicted'of tho offence and fined A/with 95.-costs. the alterna-:! ,-tive ,bemg> one .month's -iiriprisonment.' - Jacob Brain, on two charges of indeSS?.' ' ( ' as • - on e ' application of ,^hief-Detective : Broberg,/remanded till Wednesday, next, bail being fixed at £50 withtwo sureties of; each./ ;'i ; ; .-' ■':'.; : 'jfiVKOTLE COURT../ ''j;/; ■ Dr.-A.-'w/M'Arthur; SJL,-presided'-at a; sitting :of tha Juvenile" Court 'in the morning, -when a boy of nine years, was charged, with lifting a shilling's worth of the property of George Henry Bayns. He pleaded guilty.'and was con.yicted,, and ordered to' come- up for sentence when called upon/ Mention' was made of the fact that larrikinism among the boys in ..tlie: South .Wellington district; ha'd.'.been .systematically' repressed r 5 - c ° n f tol,les ; stationed In . the - district, and that the general improvement in the peaco and harmony, of the commu.D «y; was 'much -appreciated by the ' residents. :. ■/.:;:.'.'/:■.•'/:., -'