MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 934, 29 September 1910, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.)

ALLEGED THEFT ON HIGH SEAS. Alexander Taylor, for whom Mr. P. H. Kelly appeared, was charged, that about August 24 on the high seas between London and Wellington,: being a servant in the employ of the New Zealand Shipping Company on board the Turakina, he did steal 29 pairs curtains, one'dozen Sunshades, 12 ladies' umbrellas, of a total value of ,£25 19s. 3d., the property of the New Zealand Shipping Company. Chief Detective Broberg conducted the prosecution. Alfred B. Bacon, Customs officer, gave evidence as to finding five pairs of curtains hidden under the deck in the en-gine-room of the Turakina, after that vessel 1 arrived from London. Accused was subsequently prosecuted and fined for having un-Customed goods in his possession. Llewellyn Herbert Warren Jones, shipping clerk in the employ, of. the New Zealand Shipping Company, stated that during the unloading operations of the Turakina, a case marked F.S,P. !over S. and numbered 50, was found to have been pillaged and part of the contents gone. It was afterwards sealed up and sent on ti the consignee, Mr. Spence, of Stratford. The case had come from No. 3 hold, r and it was possible to, get from the engine-room to this hold ;by way of' the stokehold.. < Gus" Weber, foreman 'stevedore 'for . the N<w'-Zealand-' Shipping Company, corroborated -the. previous witness's evidence. Weber further stated that when the Turakina arrived there.were signs that.point-, ed to the hatch of No." 3 hold having been, opened' during the .voyage. . '■' " Evidence was"'also given, by Archibald Spence, of Stratford, to whom the - case- ■ was consigned,•■ and by Detective. Kemp, who arrested 'accused,, and, obtained . a signed statement from him. Accused reserved his defence and .was committed to the Supreme Court for. trial'.' ; CHARGE AGAINST A BANKRUPT. '/ Alfred. Frank. Higgins, appearing, on remand, was charged with that, having been adjudged, a bankrupt, in the Supremo. Court oil' August 29 a petition presented' on 'August 20 he had, within. 12 months before -.the'.'presentation . of • the quitted New.Zealand : and taken with him 'property".- to the j value of ;>S2O and upwards that ought by. law to have been', divided : among his creditors. . v ~ r ■ Mr.- C. R. Dis.i who appeared for ' accused, asked : for. 'a further remand till October ;5. .- Mr;, Neave,; of : the Crown Law Office, did not the ."application, and. accused: was remanded till' October 5. on the. same bail as previously. . A TIN OF NAPHTHA. . Frank Wilson, on'remand,'.was. charged, with;*'- on - September 24,: stealing - a {in of .naphtha,' value Gs. Bd., the, property,' of Geo. -Pinnock, ~Chief . Detective Broberg prosecuted 'and' Mr. V.. .R.'Meredith ;ap-: peared for 'the defendant. . .-'The defence was that the tin was taken as -a practical joke, but his -Worship held. .that, in s that case; defendant should have given that : excuse .to the'', police, at. thotime of the . ah'est :instead, of ,denying knowledge of the affair. Accused was, convicted and ordered to make good the value of the' tin of naphtha;- . - • ) . ./ ALLEGED ASSAULT. .- ■ George Joseph Beasley was charged with that,, on September 27, lie did assault . Robert . Agnew' ..M'Callum, causing ■ him': actual bodily harm-. , Sub-Inspector . Norwood" applied' for' a remand, - st&ting that.'the assaulted v mah had . previously, had. , concussibn i ; of v the. brain, aiid . serious complications - were feared as a result : of the present assault. • , ,v : ; \ Accused 'was remanded till October 5 and on the application • of ■ Mr.- V., R. Meredith .'bail', was!" allowed in if 80: and tft-o sureties' of J;!0 each. ' : : . , ( INSOBRIETY. .'s.-Louis'. 1 Francis j HaTdy,, charged with - drunkenness 'and .with! a breach of a'pro- ' hibition , order,'' was remanded' till \Octobef 5.„ : Xiarl Olseii, 'for. 'drunkenness,- was fined 10s.,with the' alternative'"'of 48 hours' [imprisonment. . ,'" *■ ■: ).'■ AN UNUSUAL ICHARGE.;::' ' Robert Russell >wasi.charged, with thati on . September ,20, . at . Wellington, :!he did' break and. enter, by night.a,certain dwelliiighbu'se, in the . occupation -- of ~-Albert Clemas, and'situate,, at. G 'Dawson.. Street, 'with', intent, to. intimidate;, Albert, Clemas and Muriel Clemas, and inmates thereof. Sub-Inspector Norwood •; 'conducted.' the prosecution and Mr. A., Fair appeared for iho accused. ' ,-' '■ ■■~ ' " . . • Albert; Cleraas. 1 clerk,- 6 Dawson Street; stated., that;: he - rented .the house ho .was! now liviug in about five weeks ago, and rent ;had,ljeen.'.paid..'Up- till; September 5. Mr. sen., .was - expected "to ;• call ori September 20 for .rent that 'wasf" owing, but .'as,'"he. .had not arrived at 9 • p.m.Clemas retired 'and'.his wife /.retired' sbme'" little time later. After ' hearing V foot-, jjteps; at the. front: door; and in .the alley- • way there was ;a sound :of ; 'a : t'errihe smash of broken ' glass,Vand:. the kitchen window , was thrown up and. someone fell, through -on /to . the kitchen floor.- . Wit,nesS ' went ■: into the.; passage ": and. asked: "Who's there / ' What's the: meaning .ofthis ?", • Accused, whom witness: had never seen, before, ;came out of the kitchen and said: "I'm:'the landlord. I / want my /■rent. If you don't go-out I'll throw you out/'' Further expressions followed and as a- result : Clemas . sent his . wife for the. police; ySubsequentlyConstable 'Taylor | and then Sergeant Matliieson/ . arrived. According to witness accused,: during: the time which', he was -in:-the house, threatened . "to •: break' Clemas's neck" and to "do for him," and also called him "a cadger,;a: loafer, and a : thief." Accused showed traces of drink and admitted to Constable Taylor ' that he had had two drinks, but said, that he knew s what he. was doing. He was subsequently ■ cs-. corted from/the premises.by"the police.. / Evidence' was ' also given by Muriel Clemas, Constable Taylor,' anii Sergeant Mathioson. '■ ..' ' ■ ■ ■ Mr. Fair contended that!the prosecution, -must fail because intant. to .intimidate had /not been/ proved, but his Worship. said a prima facie case had been established' and accused was therefore committed for/trial;. Bail was .allowed .in-£so' and . one surety of £50. ;