MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 942, 8 October 1910, Page 15

MAGISTRATE'S COURT.

(Before. Mr: W.;G. Riddoll, S,M.) ■MILK VENDORS. H. Bradbury, driver employed by,the Fresh Food and Ico Company, was charged that ho refused to supply a sample of milk to Carl Albert Schauer, Inspector for tho Health Department, when payment was tendered for samo. Ho pleaded not guilty,, and was defended by the Hon.,T. W. Hislop. .' . Evidenco for-the prosecution was to the effect that Schauor, in company, with another "officer of the Department, stopped the cart in : Victoria Street, tendered payment for.a sample of milk, arid explained tho consequence of a refusal, but' were, nevertheless, refused, as. Bradbury stated that', ho had instructions' not to give a sample of milk or sell any milk, but simply to deliver, to his regular.' customers. Previous, to being..stopped he had supplied a place 'in Victoria Street. ".-Defendant;' in evidence, stated that all the milk which he bad in 'the cart at the time-was required for steamers at' -the'' wharf. :.. ' The. milk delivered" in Victoria Streot .was at the Union Company's-, store, and was'for the caretaker's' cats. !: Witness, stated, that- he had directed, the ..inspector to go to the company's place, of business,' for... a sample., . '-Counsel-'for -the defence submitted that the information must beidismissed, as none of the milk in-the cart.was for sale. .Bradbury was merely carrying out..instructions. Qounsel considered that the inspector's proper course would have been to go to the- company's office if,he wanted-a.sample of: .the milk. .....The. .information- was dismissed without costs. ~.-.- '' ~" ,-"

;J. Harleri, who.was cbargedwith selling milk! below the, standard . in. fat solids,, stated that he had,sold the milk' as it. came wholesale vendor. The, Magistrate' said .that this was .no excuse, as defendant could have pro.teoted himself by-securing-a guarantee, as provided- in the-Act. A fine pf \ 205.-was imposed, with"analyst's : feo ,10s.; 6d.'and costs 75.;, -'; . , '■'" ■■:,'A>.'-'fl. St. :Rpmain did not.appear to answer a charge of having sold milk . diluted with water. He. was : fined £3 with;_aiialyst's ,feo 105.r6d.,. and .costs' ,75.,-,iu default''seven days'' imprisonment.. ... '.■..'"■'

.. -Cases-against"James Oathc'art and E. JBenge, who were charged-with selling milk'adulterated-with water,-'woro adjourned till. October 10. ■'

.£ An-...application 'for the reliearing'iof. the.; : .caso : of- : A: -iW.. ;Cfump,;convicted last week of selling milk adulterated tfith ..water, was..-.- also ■ adioUriied' "till ■ October-10. <:k ; ! '■< '■ '■;•' :.,.. ■>;:;•;;?■-?- : ;.'

:r;ALLR(MD _. Charles Reston was: charged:-that,-oi ■October- 3, he. broke into the vdw'elliug of Mary Spencer,. 70 : Cambridge ■ feirace, by night, and stole therefrom 6ne : ■rolled gold-watch,,one .gold Watehbox, and one shark's todth, value' Pttr .* e _ Property of Thomas-Davidson.'' Broberg stated that three oiher men were remanded to" appear on .October 13 in-connection with ™°, s . IP"arge,:; and he,- therefore: asked ;ms Worship to remand accused till the same. date. ; ; The remand was : granted: ;.•.,.-" /■._..-• ■ :. "f. THREATENING BEHAVIOUR.- , ~ Two youths were' charged : with, using: threatening behaviour :in >■ Marion btreet. mi September ~19,- ■'whereby a :a re , a 1 5. 11 ,f f ,.™: Peace was,..; occasioned. Both pleaded guilty. ■';',. ; :;:' : Eaon ae'ensed was .fined -206.-J and tirtlerod to pay half court costs, ss. 6d., seven days' imprisonment' Ml!..' ;;■•'■;'.;' ; ; ,:'-. .. ''-:'--..,-;•■/":,.,- !|- REMANDED'TO AUCKLAND." ' vJolm Halford, alias V Lindsay, alias hartley,, .appearing, on ' remand, - was charged, that on August 25," 1909, at' Auoklaiid,, he did forgo a' chequo"-. for £10, and utter, the :.same io Timothy ;p Connor...-- :' Chief-Detective Broberg .asked that accused be. remanded : to : appear at Auckland.-* ■-

, s Mr. t. J. Fitzgibbon, who: appeared-: for accused, applied for bail, and stated that ;had been in a situation .for. a considerable, time- before.his arrest, !and had been given a> good-charac-ter by his. employer. : : Tlie' Magistrate remanded accused to appear m Auckland on October 11, and granted. bail .in £60 and two sureties. of £30 each.. -'- '|v''v"';;x V A ; DESERTER; V i;.. ;;. William;: Nicholson, StewartV -.Ross, charged with deserting from 'H.M.S. Pioneer on September 15, was remanded in custody ..until such time as ho could be handed over.to tho Naval authorities.- ;.''' : . .. .:. '.--.

7; ; ; ; THEFT OF; A £5, NOTi / - : 'Walter Joseph Higgins, a young man, pleaded,guilty to a charge, of thefton at Wellington of a £5 note, the property of.-.Richard-Duignan. There were previous: conyictKn's against accused, and- the Magistrate imposed; a fine of -£3, hi .default...2l days' imprisonment, and ordered him to" refund the stolen money. : ..: . ILL-TREATING A HORSE. : ■•.-.' Wallace-M'Guire -pleaded, guilty to. a charge of .illrtreating'a horse by overloading it." Ho was fined 405., with costs lis'., in default seven days' imprisonment. ■ BROKEN BY-LAWSv 'Jl'oi. allowing a chimney, to oatch fire, Alexander Pringle Smith .was fined 55., with costs 7s. Charles Manderson, for riding a bicycle after dark, without a light, was fined 55., with costs 7s. ;Eor attempting board, a tramoar while in motion, George Allport was convicted and ordered to pay court costs 7s.'-.;"..' ' ' . For. riding a', motor-cyclfl- round- 'a corner at apace other than a walk, Halbread Stewart Was fined' 205.,'.;, with c'o ! sts'-.75.' "■"•■■' '■ '-."'. ■'■■ : Donald Thomson, for driving a. vehicio round a corner at a pace other than a walk, .was ■ similarly lined. [ BY-LAW CASE ADJOURNED. The caso against Henry Tliomas Johns for failing ■ te comply with' a drainage •notice, was adjourned. . '- -.. 'OTHER OASES., Annie M'Grath pleaded not guilty to a charge that knowing..George son • Gray, .to' be a prohibited person, she did- assist tho'said Georgo Robertson Gray to'procure liquor. The'evidence, was against" accused, and . she was fined £3, and costs 75., in default 14 days', imprisonment... On. a charge of-drunkonness, the same accused was fined 55., with, the alternative of 24 hours' imprisonment. ' i John M'Callum, for refusing to quit licensed premises, the Empire Hotel, when requested te' do so, was fined 205., in default seven days' imprisonmentrand, on a charge of drunkonness, lie. was .convicted, and discharged.. Charges of' drunkenness -Voro also pr.oforred against Matthew Boyd, who was' convicted and ordered to pay medical expenses £1 Is., in default 48 hours' imprisonment; Walter Fitzmaiirice, who was fined 10s., with' tho alternative-of 48 hours' imprisonment; and two first ■ offenders, wlio did not appear, and were each ordered,to forfeit their bail of 10s.