MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1073, 11 March 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Eiddell, S.M.) v-NCAN CEE BROS.':PROPERTY., -Four youths,, named Henry Diggle, Norman Diggle,.Frank Thompson, and Georgo Yates, were charged with stealing a'case of tomatoes, valued at 35., the property of Ngan Gee Bros., of Constable Street.- '. .

.Mr. E. J.. Fitzgibbon appeared on behalf, of all four accused, and entered a. plea'of. not guilty. • Evidcnco was given to the effect that a fifth' lad, who .could not .bo located by the'pol.ice, had committed the theft, and,.' though the ■ four accused were in his. company, none of them liad actually taken part in the offence, and . had beeen quite, frank in their statements to the police. ■ , The.".magistrate, in dismissing the information, ordered tlio four lads to pay the : value of • the tomatoes.

, THE ANTLERS OF TWO STAGS. Augustus Adams, for whom Mr. I'. W. : '-Jackson appeared, pleaded not giiiltvto a charge of selling tho antlers of two, stags, without.' having first obtained the. consent of: the Minister for Internal. Affairs. '

After:certain.evidence had been given, Mr."" Jaokson admitted the sale, but contended that no offencc had been committed, "as accused : was not a deerstalker,'and had not shot the deer himself, whereas the law. had been framed to.'prevent' wholesale'{lnstruction. • Furtierniorfi,••accused was i£norant of the

law when lie'sold the antlers, otherwise he could have sought the necessary permission. ~-,11. The magistrate considered that a conviction must be recorded, but the offence was treated as technical, fine imposed being one shilling, with Court costs lis.

ALLEGED NEGLIGENT DRIVING. On the night of February 13, a man named Lilliwcll, employed by Mr. Doherty, contractor, Miramar, was picked up in an unconscious condition on Thorndon Quay, and removed to Dr. Pollen's surgery, where he afterwards came to. Particulars of tho mishap, as reported to the pofico at that time, were that Lilliwcll set out on a horse to ride from Thorndon Quay to Miramar, and when opposite Dykes's stables a motorcar. crashed into tho horse, and threw tho rider to the ground, rendering him unconscious. Lilliwcll was discovered in tho road by Mr. Nash and conveyed to Dr. Pollen's surgery to have his injuries attended to.-. What became of the car at the time was not known, but yesterday morning, as a result of the affair, . a motor-car driver, named Frank Wilson, was charged with negligently driving a motor-car in Thorndon Quay on February 13. . Mr. V. It. Meredith, on behalf of Wilson, explained that his client was not aware at tho timo of tho collisiou that anything serious had happened, but on reading of the affair in tho l papers next morning ho communicated, through counsel; with tho police. A plea" of not guilty was entered to tho charge of negligent driving. After, .evidence for the prosecution had been taken, Sub-Inspector Sheehan explained that there 'was another important witness who was at present in Nelson. Two witnesses for tho defence wero then heard, and the case was adjourned until Monday to allow of tho remaining witness for the prosecution to be called.

BY-LAWS BROKEN. William Wilson pleaded guilty to the. following breaches of the city by-laws: (1) That in the month of January or February he unlawfully connected a drain from the sewer and failed to seal tho sarnb with a glazed stopper; (2) that ho unlawfully disconnected a drain without permission; (3) that he took down a building in Revans Street without permission; (4) that ho took down a building in Johnston Street without permission Mr..J O'Shea, city solicitor, said the caso was a serious one,, defendant having shown an utter disregard ;for tho hy-laws. If tho drains of tho citv wero to be tampered with by anyone without permission, it would be a serious matter for the public health.

- On each of tho first two charges the magistrate imposed a fine of 205., with costs 75., and on each of tjie other two charges a fine of 10s., with costs 75., was imposed. Defendant was also ordered to pav solicitor's fee £1 Is. Dofault was. fixed at 48 hour's' imprisonment in each case.

Frank Kettlewell, charged with leaving a milkcart unattended without the wheel being chained was fined 205., and' costs'. 75., in default seven days' imprisonment. . . . For allowing a chimney to catch firo. Nichola.- A. Bertaney was fined 10s., with .costs 95., and witness's expenses 45., ill default 48 hours' imprisonment-. Frederick ■ Kilmister, for "allowing a horso to'wander, was fined 10s., and costs' 7s.

William Fry Newcoriibo. was held to be re'siiorisiblo for a 'cow found wandering at large, and was fined os., and costs 7s.

For tethering a cow in Trent Street for the purpose of .depasturing, Edward Reeves-was fined, os., with costs 75..

IDLE r A^D;'I)ISOiib'ERLY! An elderly man, named- Peter Lilly, pleaded not guilty,to a charge of'being an idle and disorderly person in that he was the occupier of a houso (No. 1 Tory Place) frequented by. persons who have no lawful means of support. Accused. it was stated, had been frequently warned • by the police in reference to the persons who frequented his house in the day time. Mr. J. C. Peacock, who appeared for accuscd, stated that his client was in regular employment, and had been employed by one firm for some thirteen years. The people complained of only frequented tho hquse when accused was absent at work. The magistrate held that accused must be convicted, but be would •bo given a chance to rid his' house of these undesirable characters, and, if ho failed to do so, ho would be brought up for sentence. The polico would havo to re-port-again, in a fortnight's time.

OTHER CASES. Max Wolfe admitted wilfully damaging a window, valued at 10s., the property of Joe Chung, and the same accused also pleaded guilty to a chargo of using improper language in Taranaki Street. On the first charge a fine of 20s. was imposed, accused being ordered to pay for the damage done and to defray the expenses of three witnesses at 4s. each. Default was fixed at seven days' imprisonment. On the second charge, a fine of £3 -was imposed, the alternative being 21 days', imprisonment.' ' . ~ • ... - Arthur Smith, charged with disorderly conduct while drunk, was fined 405., in default seven days' imprisonment. Walter Miles pleaded not guilty to a charge of drunkenness, and to a further charge of procuring liquor during the currency of a prohibition _ order. Defendant, however, did not go into the box . or call any witnesses. "He was convicted and discharged for drunkenness, and fined 405., with tho option of seven days' imprisonment, for breach of the order. William Black, for drunkenness, was fined 205., in default seven days' imprisonment, and John Douglas, also charged with drunkenness, was fined 10s., with the alternative of 4S Lours' imprisonment. . One first offending inebriate, who did not appear, was ordered to forfeit her bail of 10s., or undergo 24 hours' imprisonment. ' Another first offender was convicted and discharged