MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 750, 24 February 1910, Page 11

MAGISTRATE'S COURT.

EX-GONSTABLE W THE DOCK. , SEVEN CHARGES OF FOItGERT. • v (Before Mr. .W/.CtivKiddell, William Patrick MDerihott, alias " Arthur ■ •.. Threlfo,' ail ex-policeman,, was brought up on. remand to answer seven charges of forgery ' and 1 uttering.''/ " ; ' . Chief-Detoctivb Broberg conducted the. prosecution;: ap'd Mr.' ; Webb appeared foi accused.' \ . ■~ ■ ...;' " \ The icharges were .as follow:—. " (l);That,'.at 'Wellington,.'ion- Decem- / . ber, 1), .1909; he 'forged -tho/namo of H. J;. Bdker to a promissory, note for . . 42 105.,/ arid uttered the document, to // William MXeiin, secretary.of the Em-;', pire Loan and -Discount. Coinpnny.. .- .; (2) That, 011 Jaiiuary'lf), 1910," - lie . forged a. request for-payment .of money . . purporting to be written ■ and . 'signed .by Roland ...Hatch,, and .uttered ■ tho. ' . 'document to William Kington Fyffe. ■■■■■ (3) That, : on January 21, he forged ~;a request. l for payment of' money;. purporting! to., be written and signed i: by H. Cutts,. and uttered the docu-. .. .ment to Onoy Higgins. (Ij Thav; ■ on, January 21, ho .'forged a request.for-payment- of money - pur- . porting -to be. written and signed, by' -: G.' Pearse, and' uttered the document.to George Nash. '

(s)'. That,' on January' 22, ho'forged a request for; payment', of money purporting. t'o-Ibo (written and: signed by William. Webb,' and uttered the docu--meht;to Peter Mlntyre. - ••••-■'

1;(G) .That, ou -.7 anuary2B,. he . forged :'a; request for- /payment of: money pur-: : porting; to. be • written and 'signed by Rowley' Eagefi'/'arid" littered'. the' dccu-Jmbnt-to Marshall John' Donnelly.

... : (') That, on January 31, he forged a; request for -payment ■ of money., purand '.signed by ; -' ;/Hugh.; M Donnell,'.;, and ; uttered the : .document .'to Mary. Quiniu'^ - .

~J.? «sanl to the ij rs i charge, William Miean .stated that accuscd cailed'Vat his' office,: and ;askcd for a loan of; a couple ' • He.said that. he was; working tit I the. .corpor<ation ; tramway poirer-housc, and Mntetl tlio money to get a few things' and "ceep llim TiutU ;tKo end ;;of' wcek, ho .would draw his wages.' When : asked ;io'r security, accused men-' H o^Vvit ' of-3lr/ -Baker, .tailor, ot- Willis. Street,- and .took away a' promissory. note: f or' .IOsV to "be endowed by Baker. ' tieireturned'inth the signatnro K - -J-' Biker", on tho .back. of tho docu-vmentjvf-ftna \ brought.Va-j letter, < over the same signatrire, - recommending - that the amount .1)0. lent, arid."stating. thdt tthe guarantee security.• A .cheijiio, for <£2:105.,.wa5; then; written and -tho • accused 'signed the block,' "John M Grogor."-; . Tho. chequo wis - cashed by the firm, and accusod Tdceived iE2 ss. ' - Walter ? Broofc'-Taylor';corrobdratcd' this ' eyideuee, arid .'Henry 'Janies Bakbr, tailor,of : J? : Street, stated. that -ho /did the accused, nor had ho endorsed a.vpromissofyinote for:ihimv;vßrnest •-Heri : ' bprt Hobday, o£ the\ tramway- pow'er-honse staff,, stated .that accused had never been employed -at : 'tho ' power station. ' .{- Accused'' pleaded "' not guilty, and . was 'cbmrhittjed>; tofJ'.'thoV''^ Supreme Court ior :trial; In'; regard -to the* six charges,:,a,' was 'gtantid until Wednesday, next., Bail was allowed.

V ' HOTI3L-LICENSEE-FINED i! 10. v f A conyicijbri was' entered . against John .Sholley, ]icenseo of' the : ' Foresters' Arms. ■Hotel, for. having permitted drurikonriess' in' his.'thptel ,on / Saturday,. Eebruaiy, When/,th6,/; case,was heard on- Monday, .policestated',-ihat an elderly - iiiari-' named''.William, Wallace 'had been found, .helplessly .drunk, lying on a form in the .bar.;''.-vt -; ,; The> magistrate, • •in. giving, judgment said; thatj : in /order,,to/ support a convic-', iion.j itoSasfjieccsßary/ to show, not only:: •thatl the; man was' drunk on defendanrs •licensedpremises,. .but, - also Iconmyancer'oi' carelessriess on tho part of : jtho: licensee; /- • It.-.yas' t admitted - that -Wal'laco wis'drunlQiwhori/fburidfOn: defendant's ;preinisDs,/and,' asdt'liad, been sworn'that ;ho got-no liquor, whilc there, it followed, that, he must have. been, drunk .when -he the bar. 'The onus was therefore 'upon ' the -to . show want, of. taowledge /or nbsenco'; ofconnivance/ or' /carelessness.'.Defendant said 'that/his 'in-; j'ability. to -seej/W4llace ; was owing. ,to': the 'crowded' .'-his bar, but, ;on ■ tllis'; point ,he / preferred' the evidence'' rfdr. tho prosecution as to' thb numbbr'./'of 'perso'rfs .thero.-' <Ho /considered : that, 'under'''the,' 'Circumstances,' 'it'.'was', defendant's/dnfj;' to .see, , and;'-;with', ordinary.; care, /;be should/ .have seen'that /no drunken, person entered. 'or remained, ih'.-his'- bar;'.lf he'was'/so.indifferent as to .the condition of. .persons :,who';.caruo into and remained,in-his public; .bar, while he. was in /charge! thorb; lie did riot "appreciate.i.his. position sas a; licensee, ''or / understand; his,'/duties'; and 'liabilities under .the Licensing Act.'/.'';'/ - Sub-Inspector';Norwood : . said/that the licensee - had been/; convieted ' once ■'.viously S'forVa-"'similar',-.offence,';.. '.-

Thq-.' magistrate: The ' evidence.;clearly, shows that the licensco, was guilty,of; an .act of. carelessness,•i'ahd lvpropbso.to' in--flict; a .penally,.of :>£XO, Swith 7s. court costs.: However,, as there' is■'no' evidencethat'"'Wallace was served with liquor" in' . the /hotel,; I aril not prepared "to endorse ,tho license..

\ Security ,for. tho'costs -of -an" appeal -was fixed »t ten Mr. J. ;J..il*Gratb appeared' forr-acbused. r; , ' !

AN UNKULT; CUSTOMER:

... Regardless' of : the lateness of the hour, 'JritiifisV'Morthcy; - alias Wilson, entered: a restaurant.in; Courtenay;,Place .at ten '.minutes >to'. twelve on the "night-of February 19, and-demanded a. meal. Ho was under the influence 'of ;> liquor,', and the 'proprietor' refu'se'd "to, serve him.;; He' then ■ assaulted'.the '' : : ■'. Those wero ; the taets stated' to • fib Court by , '.Arthur j Paxie, "'restaurant-keepor,' when,. A'orthey was brought, up oh a charge''of -assault; .; The', accused ..pleaded not. ■ guilty, and wasdefended -by . Mr. Jackson'. j ....vv"v.;" Accused staled that he was struck first % Paxiei., and ho retaliated.; .He had been, iii .trouble before'/'and' had been trying , to, -iiespectable:. life, ;goiiig under the Smith.' -Ho was now employed at scrub-cutting. for Mr. M-Gruth;-', at Orongorongo. On 'July '20 dasfc ■ ho ; :had'-received-'a- sentence- of sis' ■months' -imprisonment;' - • •'? *A"Ko' sub-inspector. Temarlced ' that there were 31 previous convictions. ; 'MSistrate '' imposed' a fine "of & ■ (thedoctor -to receive 1 ono ; guinea),' in default ■-14. days' imprisonment...

TOO MANY DISCREPANCIES.

.■V.•■Further , ov'idenco- was! tendered in do< fnueo of; John Hills, -alias Henderson, who ; appeared-on . remand, charged with haying stolen 1 10s,,- tho property of soino uuknown peraon. . Mr; Jackson appeared lor accused. . 7*'"

The case for:; tho .'prosecution was''-that accused had bcou chased:' along Ghuznco by-a constable, and when arrested tho vicinity of Mount' Cook Polico oration,; he, .threw four half-crowns be-, hiiid a fcuce.' v The account ho gavo' to •hp. - police; regarding tho money was not satisfactory. . - •Witnesses, who said that they had met accused in gaol, supplemented accused's statement that .the" 10s. was part of ■ 'staJces" that had- been' put .up for a light, arranged in tho Panama ' Hotel.' Accused had been induced to act as 'stake-holder," but lie 'endeavoured to prevent a disturbance, and: returned the stakes .-. to one..of. the contestants. .Tho magistrate' remarked on' the discrepancies,, in the statements made bv tho witnesses for tho defence, end sontenced accused to thrco mohtlis' imprisonment.'

PREFERRED A JURY. -A young man, Percival M'Kernan Braithwaite, when charged with the theft .of a bicycle," vahio <£2 10s., the property of: John Coffey, expressed a desire to bo tried by a jury. Chief Detective Broberg. prosecuted.. John Coffey, tram conductor, stated .that accused and he had lived together at .4. Marion Street. In November last, ho gayc accused his bicyclo to sell for not less than. c£2: .10s./ and- had .not seen it ; since..' •. .••' " George. Hegarty, .< clerk -in • the auction rooms of accused's father , in Maimers Street, said that accused' had never Vnucht a bicycle to be sold by auction.

An admission was made by accused that he- had -sold* the bicycle, -in. Coffey's name,, for 10s. " ' ' Pleading not guilty, accused was committed to the Supremo Court for trial. Tho magistrate granted increased bail. ' BURGLARY AT LOWER JIUTT. ' Charles Brooks, a lnd. of nineteen, was. brought up on two charges and was represented by Mr. Ivirkcaldie. The.'informations both referred to- the house of Joseph Brown Cooper, dairy farmer, of: Lower Hutt, and they: alleged; that accused had stolen , Bs.' frbm the house on February 13, and 7s. on February 17. . Accused pleaded guilty to' both' charges, and was committed to the Supremo Court for sentence.. - A DESERTER'. ; 'Bertie Blackmore, who admitted liaving deserted from H.M.S. Challenger. atAucklandi was remanded in order that he .might bo placed on board E.M.S. Powerful, expected to arrive in Wellington to-day. .' -V :. INSOBRIETY.; - N\.' A first offender for drunkenness, who did r'not appear was fined 10s., or 21 hours. . Philip Slinrkey,- who had one previous 1 conviction, for drunkenness, was fined ■ 10s., in', default : 48 -hours'; imprisonment.- -•