MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1016, 4 January 1911, Page 3

MAGISTRATE'S COURT.

•* (Before Dr. A. M'Arthur, S.M.) HOLIDAY DELINQUENCIES. THE' GAME' OP "YANKEE .-SWEAT." Among a number of persons who appeared during a' brief sitting of the Magistrate's Court yesterday was a young and respectably-dressed man named Henry Alex. Smith. He was charged with playing ii game of chance, for money stakes, .at Waikanne races on January 2: A piece of oil-cloth, marked off in hgures, and an eight-sided wooden roller were exhibited as instruments by the aid of which the accused hail (it was alleged) attempted to delude the unwary. Sub-Inspector Norwood explained that the game conducted by Smith was known as "roller" or "Yankee sweat." When it was fairly played the odds were four to one in favour of the stake-holder. They were, of course, greater when' it was played in any. other way.' . Accused admitted the offence, but denied having known that the odds greatly 'favoured the stake-holder. In reply to Dr. M'Arthur he stated that he. did not make a living by playing games of chance,- but was an-employee at the Tomoana'Freezing Works, in Hawke'sßay. The magistrate, remarking that the. offence was. a .serious one which rendered tho accused liable to. a pdnalty of <£50, fined him. J3lO, in default' one month's imprisonment. The instruments of. the game were confiscated.

• DISOEDEKLY: CONDUCT., Harry Victory.was charged with; being drunk in Customhouse Quay on January. 2 • and with disorderly conduct while intoxicated. The police prosecutor stated that Vickery had booked a passago south by the. Maori. His dis- . orderly conduct occasioned. his ejectment from the vessel and he repeated the' offence.after being sent ashore. A fine of 20s. was' imposed, with an alternative penalty, of "48 hours' imprisonment. "YOU ARE ONE OF. THOSE FELLOWS THAT CAUSE RIOTS." Duncan M'Farlane was charged with inciting Vickery to resist Constable Gallery, ill, tho execution of his duty. In the witness-stand the constable stated that; when Vickery Was being taken to the police 1 station M'Farlane laid hold of his armband'urged him not to go., . M'FaTlane, questioned- by the magistrate, said he desired to call .witnesses. Not having been in the hands' of the police, before .he-had not known what steps to. take. ■" .'../' i Tho magistrate remarked that 'he ■'believed the .evidence of the .constable, and addressing M'Farlane, said: "You arc ono of those fellows that cause riots in the streets." '.'■■'. , i 1 "Oh no, I,am not," said the.accused. ' "But, you ! are," pursued the magistrate.- ■' "I' believo '. every word' the ' constable has'said.' You arc just the sort of fellow ■ that '• causes - disturbances, on, holidays. What did.you have, to do with Vickery-'at all?". -. - ' Accused stated that, 1 - knowing Vickery and-his mote intended going south by tho Maori,.ho had tried to get them on board the.'boaf. ■ "Oh yes, you were, trying to ■ do-, a lot of : good/': remarked Dr. M'Arthur, in incredulous tones, "you were trying to arouse the sympathy of the crowd.". ■- "Oh, no, I was not,", repeated M'Farlane., , •,' .}■■■' -A fine of 40s; was inflicted, in default seven days' imprisonment.

'■~ "VERY, VERY DRUNK." ... ./. "■■ Participation in "aiunct of wanton des-; traction committed in. Tnra.naki Street on Monday 'evening was alleged against Ernest Gilbert. '.In"an accompanying count he was charged'with.drunkenness. Geo..Howe, keeper of a 'restaurant in Taranaki Street; stated that he. had on 'different occasions ,been subjected to, annoyance by the-accused. Sometimes the ;rla'tter and his mates had "comb,' to\the. restaurant for meals, and had departed without paying:. On Monday -,'. evening Gilbert and two companions'came into the : street outside".- the restaurant. . Witness heard Gilbert'pronounce the word "now,", and, immediately.'afterwards,, three stones were simultaneously discharged, breaking the two plate-glass windows of : the -restaurant. ' Accused-and his companions ran away. '.'■■:'.■ '. "While questioning-'the witness, ■Gilbert asserted that it was invpossiblo that lie could have run away, as, at the time, of the alleged., offence, he "was very, very drunk." \ ' ' ■■■ ' of the previous.witness, corroborated her husband's :■ evidence. ..'.'.' .- :-.•"■• ';.

Accused : asked for leniency. He. had always tried to keep himself as respectable as he could,- 'but on this occasion he .was frightfully drunk. Ho did not often get drunk. ': -' : '/;'/' . Sub-Inspector Norwood' said the only previous conviction registered against Gilbert was' for assault, in'the' street, committed in November last. On the charge of insobriety a fine cf 10s., or forty-eight hours' imprisonment, was imposed. 'Gilbert was,ordered to pay M towards'the'cost of the broken windows, Knd was. given one month in'which to complete.the payment. The Sub-Inspector stated that two other persons would be charged with participation in the offence of which Gilbert was found guilty. . AN ERRING' SAILOR. ' . Henry Bowyer, a seaman belonging to the lonic,'was accused of using obsceno language on the Queen's Wharf. He was convicted and sentenced to seven ; days' imprisonment, with, a' proviso that he should be placed, aboard'his; ship if sho sailed before the sentence expired. < ' 'INSOBRIETY/. , . ' . .-Marion Hicks,'an elderly woman, accused of being drunk on January 2, was convicted and discharged, on condition that she should go to the Magdalene Home for six months. .■■',.' - Henry Tucker, found in a state of helpless drunkenness in Buckle Street on January 2, was convicted and committed for medical treatment for seven, days/ AVm. Henry M'Kenzie, for being drunk in Willis Street on January 2, was fined 10s., with the alternative of forty-eight hours' imprisonment, and a first offender for a similar.offence was convicted and discharged. '

REFUSED TO- LEAVE. .. For refusing .to leave the. Palace' Hote.l on January- 2When requested to do so by the licensee, Joseph Swindale, a young man ,Paul M'Kay was, fined 205., with an alternative of forty-eight hours' imprisonment. Accused explained..that, his unwillingness to depart was occasioned by his having lost a ring in tho hotel, but 'the magistrate did not find "the explanation satisfactory. For drunkenness; M'Kay was fined 10s., with an alternative of twenty-four hours' imprisonment.