MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 754, 1 March 1910, Page 11

MAGISTRATE'S COURT.

HAINING STREET AMENITIES. (Bcforo Mr. W. G. Riddell, S.MJ "Judging from tho fluent way in which each, of tho parties, uses tho language alleged to have been used, I might nssumo that it could have been used in the open air quite as fluently as in this Court,' remarked tho magistrate yesterday at tho conclusion of two cases, in which Edith Dixon and Kate Mullevil were charged with having used bad languago in Hainiug Street. The prosecutions were brought by one woman against the other. There was a .second information against Kate Mullevil.of assaulting Edith Dixon. Mr. Jackson appeared for Edith Dixon, and Mr. Kirkcaldio for Kate MuHevil. After hearing what Mr. Kirkcaldio termed "Haining Street evidence," tho magistrate convicted both defendants, fining them ,£3, and 9s. court costs. The information of assault was dismissed, tho magistrate holding that both parties were well able to tako care of ■ themselves. LOTTERY CHARGE. Pierce Charles Tiecth, editor of tho "New Zealand Times," for whom Mi. Samuel appeared, was charged: (1) That, on September 1, 1959, at Wellington, lie established a lottery. (2) That ho established a scheme by which prizes of mouey are competed for by a' mode of chance. . (3) • That ho conducted the alleged scheme. (i) That he agreed to. dispose of certain money amongst divers persons by means of a devico whereby tho money was to be divided by chance. There were also charges against the "New Zealand Times'" Company, Limited, similar to the above Nos. 1, 2, and i. Mr. Evans (of Messrs. Bell, Gully, Bell, and Myers) appeared for tho police. Hearing of the charges was 'adjourned until April. , 1. '. .

THE CHINESE STRUCK HIM. Complaining of assault'by Low Hop Kee, fruiterer, William H. Douglas told the Court that tho shopkeeper struck him with, a bamboo cane, when he expressed dissatisfaction at the quality of tlio bananas proffered him. • He said that tho Chinaman took some over-ripe bananas from tho back oi tho shop, and "mixed" them with good ones from, tho window. Mr. Jackson appeared for .tho complainant and Mr. Kirkcnldio for tho greengrocer.. . . Tho magistrate heard evidenco and decided that Douglas brought all the trouble on himself. Ho dismissed tho information without costs.. , ■

LIQUOR IN A- BOOT SHOP. "I admit getting the beer, but I don't admit selling it," said Charles Nicholson, when he was charged with that on December 5 last ho sold beer to John Bernard Eosanoski, without being licensed to do so. .■',"•. . i .■ The sub-inspector then made application to amend the charge to read "that be assisted in the sale of beer." , . When this was explained to tho accused lie replied, "Well, I don't want to lengthen the ■ proceedings or waste the time of the Court. I can seo I fell into a trap. I plead' guilty.". ' ... Sub-Inspector Norwood stated that ac-. cused had been connected with a recentlyheard sly-grog case. Ho had been convicted a score of times, but never.beforo for sly-grog selling. ■ The offence- was committed at a bootmaker's shop in Tory Street. . Tho magistrate imposed a fino of ,£5, and fixed tho penalty for default at 14 days' imprisonment. ; OLD SOLDIER ASSAULTED. A ! te'te.raS^whtiso' breast was decorated with medals made complaint that ho had been'' assaulted' , by' Albert'. Tyson on Friday last. ■■•■•-■ "I was outside my shop shortly after 10 o'clock talking .to., a', couple, of the veterans," said" Henri' "Cliarles " Swift, "when I saw Tyson hitting my. assistant, George Lambsi't. He gavo him a black eye. I went over and remonstrated with Tyson, and ho turned on me. He cut my. Up and injured, my knee." - • The assistant, Lambert, stated, that Tyson (who had kept a vegetable barrow) and another man were quarrelling over a bottle of beer, and they accused wit-' ness of having stolen it. As Tyson made towards the door of the shop, saying that ho was going to have.a tattoo mark ; put on,' he struck witness in the left eye, knocking him into the gutter,, insensible. Accused was fined JS> nnd costs, in, default 21 days' imprisonment, DIFFERENCE AMONG NEIGHBOURS. Neighbours in Duppa Street appear to have had some disagreement a fortnight ago, and this led to proceedings in tho Magistrate's Court yesterday. Tho details were given in evidenco by a number of residents, viz., Messrs. Davis and his wife, and Clara Feme, and John King. ' • . . The accused were Minnie Bonnifaco and Julia Cavanagh who were charged with having used threatening behaviour. Tho former was also charged with having used improper language. Also her husband, Hairy Bonnifaco, pleaded guilty to two charges (1) using bad languago; and (2) counselling his wife to commit-a breach of tho peace. ■ ■ Mr. H. F. O'Leary appeared for Mrs. Cavanagh, who stated that she was assaulted by Mrs. Bonnifaco and struck the latter in self-defence. After hearing evidence on both sides, the magistrate dismissed the information against Mrs. Cavanagh. The two other accused were each fined 205., and costs, in default seven days' imprisonment.

. FENCE LINES AND FETID. A long-standing dispute regarding fe.ico lines was referred .to in the case r-f Michael O'Sullivan versus John T. Sittaner. • Mr. Weston appeared, for tho complainant, and Mr. Jackson for defondant. Mr. Weston said that the two parties wero neighbours at Silverstrenm, and O'Sullivan asked that Sittnuer sliould be required to find sureties that lie would keep the peace. He boniplaiued of having been '• assaulted. ..... The defence was that there had been a fend since last -year. It had been connected with the purchase of a piece of land. O'Sullivan said that he had bought the section, but Sittauer caine in to see Thomson and • Brown and found thai he himself had purchased it. O'Sullivan was annoyed at that, and had since adopted vnriotis means of showing his ill-feeling. He had stirred up tho stream from whioh Sittauer drew his supply of water, and had also put oil drums in tho creek. Defendant was ordered to enter into a recognisance of ,£25, and supply one surety of £25, that ho would keep tho peace for six months. Hβ was also required to pay costs. JUVENILE STEALS NEWSPAPERS. A boy of nine pleaded guilty to tho theft of two newspapers from outside the bookstall of Amelia Thompson. He was ( dischaigcd with a caution. PROHIBITION AND PENALTY. Mary Sprowcll did not appear to answer the charge that slio committed a breach of her prohibition order in force against her by entering the Masonic Hotel. The police evidence was that tho woman went into the hotel, and was refused drink. A fine of 40s. and costs were imposed, tho dofault being U days' imprisonment. BREACHES OF" BYLAWS. Bylaw cases were dealt with by tho magistrate as , follow:—Sydney Huxley, fined 10s. and. costs for leaving an express unattended in the street; Cedric Gieig, fined 10s.. and costs for driving a milk cart rapidly round a corner; Samuel Elliot, John Mills, Arthur Bragß, ami Albert Stannnrd, each fined 10s. and costs for leaving vehicles unattended; Wilfred W.hilo, fined 10s. and costs for allowing stock to wander.

. MAINTENANCE MATTERS. Mr. H. F. O'Leary appeared for Archibald Robertson, who was proceeded against by his mother, Eliza Robertson, for contributions towards her maintenance. Tho defence was that two single members of tho family woro better able to Rivo the necessary assistance. Tho magistrate mado an order that defendant should pay 3s. per week towards his mothers su\i- • "Arthur HnTold Smith was brought up on a charge of disobeying a Court order which required him to pay .£1 per week towards the- support of his wife, Una J. Smith, nnd four children. Mr. P. «• Jackson, who appeared for tho wife, said that the arrears amounted to ,£l3 in December. Tho defendant had lost his employment through drinking. Defendant stated that ho was making every eliort to obtain employment, and that ho hoped soon to bo able to make some provision for his family. The magistrate inflicted a sentence of one months' imprisonment, but ordered that the warrant should be I suspended so long as the defendant contributed 15s. Her week. INSOBRIETY. One first offender for drunkenness was convicted and discharged, two more were fino-i ss. Kich, and ft fourth was fined 10s. Edward Nolan, who had been once previously convictod of drunkenness witliin tho past six months, was fined lus., in default 48 hours' imprisonment. OTHER POLICE CASES. An clderlv man Michael John Mulholland, was brought up ou two charges: 1 drunkonncss in Hunter Street; and (2 the use of insulting language to William J M'Keown. As M'Kcown did not appear, the second charge was dismissed, and accused was fined ss. (or 24 hours) for drunkenness. . i Thomas Williams, alias Wilson, , who pleaded not guilty to a charge of indeceucy at Paekakariki, was remanded until Friday. _______^—. ■