MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 836, 7 June 1910, Page 9

MAGISTRATE'S COURT.

(Before-Mr. W. G. Eiddcll, S.M.) THE FOOTBALL FRACAS. MELKOSE PLAYER CONVICTED. Considornblo interest was evinced by .a section of the football world in the police prosecution against a Melrose clubman, named John Marshall, who was charged with having, at the Lower Hutt on May 21, assaulted one Clias. Eyder. Mr. IMtzGibbon, who appeared for defendant Marshall, stated that, although his client was entering a plea of guilty, he (counsel) desired to tender evidence to prove provocation and to show the excellent character of "defendant both as a sportsman on-and off the field.

Tho foundation of the charge was explained by Sub-Inspector Norwood, who informed the Court that Rvder was playing for the SI. James Football Club and Marshall for Molrosc, which teams met nt the Hutt on .May 21. Ryder had formerly belonged to the Melrose Club, and it was alleged that he stopped defendant from scoring a try when the latter was close to the line." A disagreement over this apparently rankled until after the match, when defendant approached Ryder who was standing outside the dressing shed, and, without warning, struck him a violent blow on tho face, knocking him against the shed. As a result of the blow or the tall Ryder sustained a slight concussion of the brain, and had to bo attended by a doctor. It ws» a day or two before he could be brought into town. Mr. FitzGibbon urged that the root of the trouble was that Ryder had interfered with Marshall on the field, and used certain objectionable words to him. After tho match defendant went up to Ryder and demanded an apology, and in tho heat of tho moment blows were struck.

Marshall, sworn, stated that he kicked the ball, which did not find touch, and he was attempting to follow up tho kick when Ryder caught him by the back of the jersey and prevented him from doing so. Words ensued, in which Ryder call-ed-witness a most objectionable name. After tho match witness went up to Ryder and tapped him on the shoulder and.asked him if he was going to apologise. Ryder pushed at witness, a sort of a push under the chin, and witness then struck the blow complained of. Ryder's evidence, was to the effect that ho collared Marshall, who was running with the ball, whereupon the latter commenced to abuse him. He (witness) took no notice of this. A fter tho game he was waiting for the dressing-room door to bo opened when someone called out his name. He turned round arid was immediately struck by Marshall.

To Mr. PitzGibbon: He had never been suspended by the Rugby Union, but had been called before the union onco in regard to a charge of professionalism. He was not fond of "looking for trouble." It was true, that a player hod wanted to fight him iii a match recently. The man had collared him, and he in turn collared his opponent, and the latter then wanted to fight.

His Worship stated he was inclined to think that strong lauguago had been used by both parties., The blow struck, had not been delivered in tho heat of temper. The trouble arose at tho beginning of the second spell, and the blow was not struck until tho game was over. It was possible that ■ defendant had restrained himself on the field, knowing that if he struck an opponent the referee might order him off, but. if -he' took this into consideration his mind must have acted very quickly. ■ Defendant stated that he had been collared improperly, and tho onus was on him to prove this. He had not done so. He would be convicted and fined 205., in default seven days' imprisonment.

THE RESTAURANT CASE. As a result of a disturbance on Saturday evening, Win. Henry Shepherd appeared on a charge of .Having, assaulted one Alary Notnn, thereby causing her occuat bodily harm.

Mr. Herdinnn, who appeared for accused, asked lor a remand to Wednesday next.

Sub-Inspector Norwood slated that there hau been no serious results troui the alleged assault. . Bail was allowed in . the sum of £20, and oue surety of A2O.

HOMELESS WOMAN. Tho cold weather is apparently having its eli'ect on. the homeless ones, and the result is that the night duty constables are being kept busy. Botwecn'-l'riuay night and Hunday vagrants wero greatiy in evidence as the following cases show:—

Catherine Thatcher was charged (1) with insobriety, and (2) with being deemed an. idle and disorderly person, in that she has insufficient lawlul means of support. Defendant pleaded not guilty to the second charge, and urged that she had a "nice place" to work at.

Tho police brought evidence to show that defendant had been loitering übout the streots soliciting money and tramfares. She had been found sleeping in an outhouse when arrested on tho present charge, and was in tho habit of sleeping out. There wero nearly 40 previous convictions against her, and sho was not willing to avail herself of an offer to go into the Salvation Army 'Home. On the first charge, defendant was convicted and lined 205., in default seven days' imprisonment, and on the second charge she was sentenced to three months' imprisonment.

HOMELESS OLD MAN. . An old man named Matthew Edward Pickering pleaded guilty to ' a charge of heing a roguo and vagabond, in that lio has 1 insufficient lawful means of support, and had been previously convicted of boing an idle and disorderly person. It was stated that defendant had no menas and had been sleeping out. There wero a number of previous convictions against him.

A remand to June 13 for sentence was granted, in order to enable inquiries to be made as to whether or not something could be done for the old man. •

ESCHEWED THE ARMY HOME.

Mary Bond, alias Parker, was brought forward for sentenco on a charge of being a rogue and vagabond, in that she had insufficient lawful means of support, and had been previously convicted of being an idle and disorderly person. Accuse! had been remanded to allow her to consider an oifer to go into the Army Home.

She stated that she was not prepared to go into the Home. A sentence 'of six months' imprisonment was entered.

ANOTHER UNFORTUNATE. Margaret Webb appeared on remand on a charge of being a roguo and vagabond, in that she has insufficient lawful means of support, and had been previously convicted of being an idle and disorderly person.

Evidence was given by the police that accused had been observed loitering about tho streets, and had not been known to work for some considerable time.

Accused alleged that she had been working, and pleaded for another chance. Sho was not prepared to go into the Salvation Army Home, however. His Worship remanded accused until this morning to give her timo to deliberate over an offer to go into tho Army Homo. It was either tho homo or gaol, said his Worship.

A few minutes later accused returned to the dock and stated she was willing to go into the home. She was consequently convicted and ordered to come up for sentence when called on, on condition that she actually went into tho home and remained thero for six months.

CONSORTING WITH UNDESIRABLES. A plea of guilty was entered by Klaus Ncilson, charged with being an idle and disorderly person in that 'he habitually consorts with undesirables. Sub-Inspector. Norwood stated that for some time past accused had presided over a house in which undesirable women congregated. Accused had boon warned by the police more than once, and had been shifted from time to time. A sentenco of two months' imprisonment was entered.

MAINTENANCE ORDERS. Michael Joseph Noon pleaded guilty to a charge of disobeying an- order for the maintenance of his wife (arrears £4 10s.). Defendant was convicted and sentenced to 21 days' imprisonment, the warrant to be suspended so long as 15s. per week is paid off the arrears. A conviction and sentence of fourteen days' imprisonment in Dunedin Prison was entered in tho case of George Henry Williams, charged with disobeying a maintenance order (arrears £2 5s.).

BBEACIiES OF BY-LAWS. James O'Brien and Philip O'Brien pleaded not guilty to having allowed three horses to wander. After hearing evidence at length, his Worship fined James O'Brien 205., and costs 12s. 4d,. and l'hilip O'Brien was fined 20s. ami

costs 9s. Defendants were' also ordered to pay solicitor's fee JEI Is. Mr. Toogood appeared for tho Jlnkara County Council, who prosecuted, and Mr. Willis appeared for defendants. W. May and Mary Ann Edwards, also charged with allowing stock to wander, were fined 10s. and costs Vs., and ss. and costs 75., respectively. . For riding a bicycle without a light after sunset, James M'lntyre was fined 55., and costs 7s. OTHER CASES. Frances Martin, charged with insobriety, wns convicted and lined 205., in default seven days' imprisonment. 'A prohibition order was issued against dclendaut. John Collins and Jas. Byrne, also charged with insobriety, wero each convicted and lined 205., in default seven days' imprisonment. Henry Edwards was fined 10s„ in default 18 hours' imprisonment, for insobriety. Three first offenders were fined 10s., and two were convicted and discharged. Henry James Pearman was remnnded to June 13 on the following charges:—(l) On. May 27 procuring liquor during tho currency of a prohibition order; (2) on May 28 procuring liquor during the cur-

rency of a prohibition order; and (3)-on May 27 hnvint; assaulted Constable Taylor whilst lio was in the execution of his duty.

Sub-Inspector Norwood stated that defendant had met with an accident and was unablo to appear.