MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 828, 28 May 1910, Page 15

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddel], S.M.)

ADULTERATED PEPPER. A plea of not guilty was entered bv Messrs. Bannatyno and Co. to a oliarso of having sold pepper adulterated with starch in contravention of tho provisions of tho Sale of Food and Act. •'

Sub-Inspector Norwood conducted the. case for tlio prosecution, and Mr Brown appeared for defendants. Evidonco for tho prosecution was given by Chas. A. Schaour, Chief Inspector under the Public Health Act that ho went to defendants' warehouse and wanted to purchase a tin of a certain brand of pepper similar to that sold by a Pclonq retailer who had recently been convicted of selling pepper adulterated with starch. The stores manager would not accept the payment for the pepper, but he gave witness a tin. Witness said he wanted tho pepper for analysis, and divided it accordingly. .los. C. Tonks, in the employ of defendants, stated that tho pepper in question was purchased in 1903, before the prohibition Act had come into force. This gave the firm some months in which to clear the stock before the Act came into operation, lie was surprised to find that there were still 18i tins of tho pepper in tho warehouse. This pepper was not on the stock sheets, and had witness known it was on the shelf lio would have had it destroyed. The reason tho Dopper was not found beforo

was that it had boon hidden behind ;i stack of other popper. It had sinco been destroyed. "Witness knew the inspector, and gave him a tin, but did not receive payment for it. Evidence was also given by Ci. Lowo, sli.roman, that this particular brand of pepper was not for sale. Jf the. linn had known it was lliero it would havo been destroyed. Mr. Brown urged that there was r,o oltonco unless it was proved that the popper was sold, but his Worship held that defendants must be -jonvictcd and tined 10s. and costs 12s.

BOARDING HOUSE BRAWL. A cross-action for assault, Joseph William Homy Hayward v. Agnes Learmouth, and Agues Loarmouth v. Joseph William Henry Hayward, disclosed a rough and tuinblo which occurred in a certain boardinghouse. The evidence was conflicting in the main, but certain points in the story could not ho doubted, viz., that Hayward received some severs cuts about tho face and forehead, and the female concerned rocoived two black eyes. After hearing evidenco at considerable length, his Worship expressed the opinion that the parties were equally to blame. A fine of 205., in default seven days' imprisonment, was imposed in eacli case. Hayward was allowed £1 ss. costs, but no costs wore allowed in the other case. Mr. P. W. Jackson appeared for Agnes Lcarmouth.

ASSAULT IN A BARaROOM. As an outcome of a brawl in a hotel on May 21, Harry Sandow appeared to answer a charge of having assaulted one Richard Moihlke. Evidenco was given by informant that ho and Sandow were drinking in a certain hotel for tho greater part of the day, and that Sandow punched him and knocked him down because of a remonstrance ho mado about something Sandow did. Sandow urged that he struck Meihlko when the latter picked up a beer glass, with which he (Sandow) thought Meihlko was going to striko him with. His Worship considered that both parties appeared to ho to blame. There may havo been some excuso for Sandow having struck tho blow. He apparently got his blow in first. The information would bo dismissed. Mr. I'. W. Jackson appeared for defendant.

CRUELTY TO A HORSE. A young man named Thomas E. Symons pleaded guilty to having on May 2] crucllj illtreated a horse by striking it on tho head with a piece of iron piping.

Sub-Inspector Norwood described the case a's a most brutal ono. Accused was employed at tho gasworks, and was taking a heavy load of coal in to tho works,, which load tho horso could not pull at a certain .point. Accused picked up a heavy piece of iron piping and ritruck the horso across the loins with it. Later, when he bad discharged his load, ho again struck tho horso across the loins with tho piping, followed up by hitting the animal on the head and felling it to tho ground. A conviction and fine of £4, and costs 315., in default twenty-one days' imprisonment, wis ontorcl.

ADULTERATED MILK. A charge of having sold adulterated milk was preferred against T. J. O'Hagan, who pleaded guilty. The polico stated that defendant had stated that the milk complained of, or portion of it, was procured from other milkmen, one of whom had already been prosecuted for selling adulterated milk.

His Worship said a small penalty must bo imposed. Thc x brcacli had not been a wilful one, but defendant had boon careless. A conviction and lino of 10s.. arid costs 125., was imposed. Mr. Willis appeared for defendant. THEFT OF A GO-CART. A young married woman represented by Mr. O'Kogan, pleaded guilty to stealing a go-cart valued at 155., tho property of May Ellis. Sub-Inspector Norwood said the gocart ■ was removed from a yard and sold to a second-hand dealer lor Bs.

Mr. O'Regau said accused had yielded to a sudden temptation. Ho now had the money necessary to mako good the theft. , '. His Worship entered a : conviction and order to come up for sentence when called on, on condition that the mouey was found for the cart.

MAINTENANCE. Jack Mackenzie Hay, whose case had been before tho Court on two occasions recently, was charged with failing to maintain his illegitimate child. Defendant consented to an order ior tho payment of 7s. per week. He was also ordered to pay costs £8 Bs., and tho matter of the expenses incurred, in bringing defendant, back from Australia was held over until the amount was definitely settled. A further order was made that defendant enter into a bond of £50 and two sureties of £20 each for compliance with the order. Tho sum of £85 was fixed to be paid in commendation of tho weekly payments.

BY-LAW CASES. Failing to close his shop at 9 p.m. on May 14 was tho nature of a charge preferred against Kobert Kaoy, manager of the Wairarapa Meat Company. Defendant denied the charge and stated that the shop had been closed before 9, but he had gono back to tho shop on private business after 9. His Worship entered a conviction and fine of !A)s. and costs 7s.

For allowing stock to wander fines wero imposed as under:—Patrick Cavanagh, a)s. and costs £1 Bs. j W. H. Bowden, os., and costs £1 Bs. Henry Newport was ordorcd to pay costs, 17s. 6d.

On a charge of failing to register his dog, Phillip Shannon was fined 10s., and costs 7s.

A SEAMAN'S PLIGHT. - A much-battered seaman named James Henwood pleaded guilty (1) to helpless drunkenness, and CI) to absenting himself from tho barque- Marjory tilen without leave. ••

Accused had boon ■ found wandering about in a helpless condition and when he was arrested was found to bo so severely injured about the head that medical assistance had to be procured.

"I Rot into this through a little bit of drink, and I was ashamed to go hack and look the captain, in tho face," said accused.

On the first charge accused was fined •is., and on tho second charge ho was '.onvictod ant] ordered to be placed on his vessel buforo sho sails. Ho was also ordered to pay doctor's feo and costs amounting to £1 Ss. OTHER GASES. A sentence of thrco months' imprisonment was entered against K'Kvnv.l l.'rown who was broui/ht forward fo< sentence on a charge of being an idlo and disorderly poison in that he has insufficient lawful means of support. Sub-Inspector Norwood stated that inquiries made since accused was remanded have not proved nis statement that ho had been trying hard to get vcrk. _ One first offender for drunkenness was lined K)s., and another first offender was convicted and discharged.