MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1049, 11 February 1911, Page 14

MAGISTRATE'S COURT.

(Bcforo Mr. W. G. Riddell, S.M.) PITCH AND TOSS WITHOUT BETS. SMALL FINES IMPOSED. A complaint inado to tho polico that a party of youths wero in tho habit of blocking tho footpath at Kaiwarra on Sundays, resulted in tho youths being warned that they must discontinue the practice. 'Warnings had no effect, and on January 29 a party of polico watched a number of youths playing "pitch and toss" on tho footpath for somo time, and then took the names of several that had taken part. Yesterday, Edward Bowden, Georgo Bowden, Henry Newport, Herbert Newport, Frederick Hendlo, Edward Ovcrclid, and Arthur Ovcrcnd wero charged with having played "pitch and toss" at Kaiwarra. The first four appeared in person, and Mr. H. F. O'Leary appeared for tho other three. Pleas of guilty were entered in every case. According to tho polico report, all tho young men wore first offenders, excepting Georgo Bowden, against whom there wero four previous convictions. Mr. O'Leary submitted that it was a caso for a nominal penalty, as no betting had taken place during tho playing of tho gamo ; and tho polico admitted that no bottmg had been noticed. Each defendant was fined 10s., with costs 75., in default 48 hours' imprisonment. Two days wero allowed in which to find tho money. FAILED TO PAY TRAIN FARE. John Naglo pleaded not guilty to a chargo of not paying his faro on tho Government railways while travelling between 'Wellington and Ngahauranga. Evidenco .was given" to the effect that on a recent dato accused was travelling on tho train from Wellington, and several demands for his faro wero of no avail. Ho wns slightly under tho influence of liquor at tho time, and on arrival of tho train at Ngahauranga ho was haled before the stationmastcr. In defence, accused stated that ho had his ticket roady at tho time, hut his attention was diverted on account of tho guard having trouble with another man. Ho denied having refused sovcral reshow his ticket or pay, and stated' that ho discovered tho ticket (produced) in his vest pocket.when he arrived home. Tho magistrate held that tho weight of evidence was against accused, and imposed a fino of 205., with costs 95., and .witnesses' expenses 125.,' in default seven days' imprisonment. .. A request, to bo allowed timo to find the money was rofuscd. Georgo "Fletcher pleaded guilty to having travellod on tho Government railway between Wellington and Ngahauranga without paying his fare, and with' intent to cvado payment. He was fined 10s., and co3ts 9s.', and ordered to pay eleven pence for the fare, in default 48 hours' imprisonment. THEFT. William Simmonds was charged with theft, on February; 9, at Wellington, of two pairs of riding breeches, value £1 9s. Gd., tho proporty of F. AVhitakor. Ho pleaded guilty. . Sub-Inspector Norwood stated that tho breeches had been taken from tho outside of a shop, window. Detective Rawlo" had observed tho man carrying tho'articles on his arm, and had followed him to a second-hand dealer's shop. . Simmonds was unablo to givo a satisfactory, account, of how ho camo into possession of tho articles, and further inquiries being made resulted in tho charges of thett. Accused was a seaman, and had not been long in tho Dominion

■Tho" magistrate imposed a fine of 205., with witness's expenses 45., in default Bovcn'daya'^impi-isbnment I .'"' 1 ' '■'■>■' NOT. TRANSFERABLE. A young man named Thomas Churchward pleaded guilty to having sold on January 30 an unused portion of a railway return tickot from Auckland to 'Wellington. Chief Detective Broberg stated that Churchward had been residing in Auckland, and camo to Wellington, taking out a return ticket. Instead of returning to Auckland he decided to remain in Wellington, and advertised the, unused portion of' the ticket for sale. Tho'attention of; the Dctectivo Office-was drawn to this, and Dctectivo Mason had answered tho advertisement arid purchased the tickot for £1. Churchward stated to tho magistrate that ho was ignorant of. tho fact that ho was doing'anything wrong. ,Tho magistrate stated that ho accepted tho accused's explanation, but a breach of tho law had been committed, and a penalty would liavo to bo imposed as a warning to tho public that railway tickets were not transferable. A fine of ss. was imposed; with costs 75., and accused was ordered to refund the sum of £1 to tho Detective Office.

ILLEGAL DEALING IN LIQUOR. .'..John O'Neill, a seaman, who had been served with summons in Duncdin, did not appear to answer a charge that, having been found in premises on Martin Street, on December 25 last, ho.was deemed to havo been there fortho purposo of illegally dealing in liquor. The charge was in connection. with a- "sly grog'' 'Case, in which tho principal had .bceni fined .;£SO. After evidence had been given,,O'Neill was fined 405., with costs 75., in default seven days'' imprisonment.

BY-LAW CASES. A largo number of defendants " were proceeded against for allowing stock to wander. Henry Antrobus, jun., being tho.owner of a stallion found at large, was fined 20s. and costs 7s. George Smith, for allowing seven horses ,to wander, was fined 10s.- and costs 7s. A similar' ponalty. was imposed on Phillip do 'Sousa, who did not appear to answer a chargo of allowing ono horse to wander. . Georgo .Bradley, William Fogdenj John Grcssior,' Leonard Cain, and James Carson woro each fined ss. and costs 7s. for allowing horses to wander. v'

Harold Pinnock. pleaded not guilty- to a charge of allowing a liorso to bo at largo, and stated in defonco that ho had taken tho horso out of tho pound for a man named Stowart, tho real owner. Tho information against-Pin-nock was therefore dismissed.

Charles Burke, for whom Mr. V. R. Meredith appeared, pleaded guilty, to a chargo of reckless driving of a motorcar in a public highway. According to tho evidence, accused had driven tho car along Victoria Street' at a speed of fully 20 miles an hour, and in negotiating tho corner into Taranaki Street Extension tho car collided with a boy on a bicycle. Mr. Meredith explained that his client had received an urgent call, and that accounted for tho accident. Burko was sorry for what had occurred, and had paid for tho necessary repairs to tho bicycle. A fine of 40s. wa3 imposed, with costs 75., and witness's expenses 45., in default seven days' imprisonment. David Alexander Elliott pleaded not guilty to a charge- of unlawfully leaving full fruit cases lying on tho footpath in Kiddiford Street. It appeared that tho cases had been allowed to remain on tho .footpath outsido a shop after two warnings had been given. For tho defence; Elliott stated on oath that liis wifo was tho proprietor of. tho shop and therefore tho responsibility could not rest on him. Tho information was dismissed.

For leaving a vehiclo unattended for moro than fivo minutes, Allan Smith was fined 10s., with costs 7s. For a similar offence, Androw Craig was fined 55., and costs 7s. / . For mounting a tram-car whilo in motion, A. Richardson was convicted,and ordered to pay Court,costs. 165., imd witnesses 1 • expenses 10s,-

Wallace H. Stewart pleaded guilty to a charge of using, in St. Peter's Schoolroom, a kinematograph not enclosed in a fire-proof case. Ho was fined 10s. and costs 7s.

PAKATOA FULL. Sarah Jamieson, who on Thursday last had been charged with continued breaches of a prohibition order and sentenced to 12 months' detention in tho, Pakatoa Inebriates' Home, was again brought bcforo tho magistrate. SubInspector Norwood stated that intimation had been received that tho authorities at Pakatoa wero unablo to admit any moro patients just at present, and so the woman was brought forward for sentence. Tho magistrate imposed a fino of £3 in default ono month's imprisonment.. ' OTHER CASES. John Driscoll, who was charged with helpless' drunkenness, was reported to be too unwell to appear ahd was remanded for a week tor curativo treatment. Phyllis Forraro appeared on remand charged with drunkenness and was ordered to pay 17s. 6d.' medical expenses or undergo 48 hours' imprisonment. Fred. Wilson, for drunkenness, was fined 10s. with the alternative of 48 hours' imprisonment, and similar punishment was meted out to Wm, Barker for tho samo offence. Ono first offending, inebriate was convicted and discharged and another, who did not appear, was ordered to forfeit his bail of 10s., or undergo 24 hours' imprisonment. A prohibition order was issued against Arthur Edward Tonks to take effect for ono yeaT. , William Jones, who did not appear, was fined 50s. and costs 75., in default seven days' imprisonment for procuring liquor during tho currency of a prohibition order. / MAINTENANCE. (Before Dr. A. M'Arthur, S.M.) An application by Emily Moynell for a rehearing of tho caso Police v. Meynell, under which three children wero committed to an industrial school on January 14, 1911, was refused on tho ground that the Court had no jurisdiction to cancel tho order. Mr. P. WJackson appeared for tho applicant. Archibald Crichton was adjudged the putative father of three -illegitimate children committed to an industrial school- and was ordered to pay 3s.- a week towards the support of each child. Mr. P. W. Jackson appeared for the defendant.