MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1051, 14 February 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr..W. G. Riddell, S.M.j ASSAULT ON A TRAM CONDUCTOR. ■ A SCENE AT KILBIRNIE. Joseph Shaw, for .whom Mr. F.'P. Kelly appeared, pleaded guilty to a chargo of using obscene language nnd to a further chargo of assaulting Frederick James M'Dougall, a tram conductor. Sub-inspector Norwood stated that accused was a passengtr by tho car, which lelt -Government Station at 8.6 p.m. on February .3 for Miramar. When the, car neared Moxhnm Avenue, tho conductor asked for fares and , Shaw, without tho slightest'provocation struck -him in tho face.' , Tho car was then stopped, nnd after .some timo accused alighted and then mado uso of 1 the language' complnincd of. Tho car contained a number of women nnd children nnd sorao of tho passengers stated that tho language was somo of tho worst that they had ever ..card,' Shawhad only- last, month been convicted of using obscene languago and thcro were other convictions against him. Mr. Kelly, on.behalf.'ofjiccuscd, stated that-his client was under tho influence of liquor nfc tho time and was labouring under the impression that tho conductof had pointed him out to another passenger. on account of his previous convictions. Whc.n sober, Shaw , was a very respectable citizen nnd ho'was very sorry had occurred. Counsel hoped ln's Worship would seo his way to deal with the matter by-inflicting a monetary penalty. Accused was willing that a prohibition order should bo issued against him. On the charge of using obscene language, a fine of ili was imposed, with costs 175.. Default was fixed _at 21 days' imprisonment and a prohibition order was issued against accused. On' tho charcc of. assault' a-fine of '40s. was imposed with-witness's expenses Gs., in default H days' imprisonment.. •. ' A DESERTER . IMPRISONED. Thomas Quinn pleaded guilty to a charge of having deserted' from the steamer Clan Grant on January" 18 last. It was stated that, a substitute had to bo procured at doublo' the wages being paid to Quinn. .The magistrate imposed a sentenco of.one-month's imprisonment. . HEAVILY FINED. FOR ASSAULT. Peter Louis M'Cabo plcalled guilty to a chargo. of assaulting C. T.. Ellcrs on February-12 and offered tho excuse"that .ho was' under tho inflnenco of liquor at tho time. A fine of ,£5 was imposed nnd accuscdv was ordered to pay JSI Is. doctor's fee in default to undergo a month's imprisonment. ...... ' REMANDS GRANTED. George Williams, charged with being an idle and disorderly person, was remanded kfor' a week to permit of certain inquiries 'being made. Samuel ■ Faby 'Dunning, ■similarly charged, was - remanded for a week for observation, by, tho gaol surgeon. " INSOBRIETjr.: .' '. . John 1 M'Keuzie, for drunkenness, was lined 10s., in default 48 hours' imprisonment.' A' first-offending iuobriate, who had been remanded for curative treatment, was ordered to pay XI 10?. 6d. medical and other expenses, or undergo thrco days' imprisonment. Another first offender was reported to be too unwell to appear, and. Was remanded until February 20. : t

PROHIBITED PERSONS. - For procuring liquor during the currency of a prohibition order, David Robert Cowan was fined 405., and costs 75., in default seven days' imprisonment. Charles'Collins,- charged with'entering licensed premises during tho currency of a prohibition order, made no appearnncc. Ho was fined 405., with costs 95., , and witness's expenses is., tho alternative being seven days' imprisonment. • ' . MAINTENANCE. A sentence of ouo month's imprisonment in the Auckland Gaol was imposed on Albert James Hyrno for disobe<lienco-of a maintenanco. order, under which the arrears amounted to .616.175. 6d. -.■ Harry Hall, charged .with, disobeying an order of tho court in respect,to tho maintenance "of his wife,'was fined 205., in default seven days' imprisonment. Goorgo Henry Williams was lined j 405., with tho alternative of seven days' imprisonment iii the Dunediu Gaol, lor disobeying a maintenanco' order. Joseph Heveridge, charged with failure ,to :maintain his illegitimate child, did 'not A warrant is to bo issued for his arrest, on an affidavit as to the facts being filed. Mr. A. l)unn appeared for the complainant. .. Joseph .William Iboll pleaded .not guilty to a chargo of .failing.: to. maintain his wife. • Tho parties were married over twenty years' ago, and tliero had previously been proceedings ' for , summary separation, but these had heen' nullified by tho parties coming together again. .After ■ hearing tho evidence, tho magistrate remarked that tho arrangements for maintenanco should, havo been made privately. Defendant was ordered to pay IBs. a week for tho support of his wife, also ill Is. solicitor's feo and 4s. witness's expenses.' Mr. H.-F. Ayson appeared for complainant, aud Mr. V. I{. Meredith for .defendant.. , • George Irvine, charged with failure to maintain his child thrco years of aye, did not'appear. After henring tho fevidence,' the' magistrate ordered that defendant contribute ss. per 'weok'for tho. support of the child. ' ■ . In the caso against Jano" Chandler, charged with disobedience of a maintenanco order, an adjournment''till March 13 was granted to enable tho defendant to (,ivo an order on somo moneys duo to iler. Portion of the arrears had been paid in connection with tho chargo ajainst Cecilia Ryan, charged with disobeying a maintenance order, and an adjournment for a fortnight was granted to enable tho remainder of tho arrears to be paid by defendant. - Payments under a maintenance order against Harry Wiggins (Mr.' 11. F. O'Lcary) wero increased from os. to is. Cd. per week, tho order to stand in other respects. In connection with thrco charges against Edward Bevan for , disobedience of maintenance orders, it was reported that the-arrears had been paid, but Mr. I-. I'. Kelly,,on behalf,of complainant, applied for'costs. On tho first charge, defendant was convicted and ordered to.pa.v JJI Is. solicitor's fee, in default 48 hours impriso.nmont. The 'other' informations were dismissed. ■ OTHER CASES. ■ ■ John William Long was charged with being & rogue njid a vagabond in that ho was found without, lawful excuse on pro-

nnses in 'l'inakori lload. Mr. IT. I\ O'l/'nry appeared for accused, who entered a plea of not Guilty. Sub-Inspector Norwood asked leave to withdraw the charge, which had arisen through accused going to the house where his wife was slaying and causing a disturbance, fho wile had made application for summary separation, and the application.was set down for hearing the same morning. Accordingly the charge was withdrawn by leavo of tin! Court. Later in the morning when tho other case was called Ttfr. O'Lcary announced that his client consented to an order for summary separation and maintenance bcinrj made against him, hut the amount per week was left for the magistrate to fix. Defendant was ordered to pay XI 4s. per week towards tho support of his wife and two children, aud also to ndy .£1 Is. solicitor's fee. Mr. Bolton appeared for the complainant. For unlawfully leaving a tank on a footpath in Riddiford Street on February 1, Edgar Hack was fined IP?., with costs Vs., in default 48 hours' imprisonment. A prohibition order was issued against Denis MahonOy to tako effect for one year. MOUNT COOK. s At tho Mount Cook Police Court yestorday, before Mr. T. S. Lambert, J-.P., William Jtistjn Cunningham pleaded guilty, to drunkenness in Tory Street. Accused, who had several recent convictions, was mulcted in the;sum of 405., or ono month in gaol. Patrick Daly, who pleaded guilty 'to insobriety in Bucklo Street, was convicted for the - seventy-second time, and fined 10s., or, tho alternative of 48 hours' imprisonment.