MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1112, 27 April 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) STRANGER FROM FLAT POINT. AVHO HE WAS. .AND HOW JIE FAKED. l.\ THE CITY. Jlichael O'Brien, alias Boyle, Frank Voss, and Thomas Lane were charged on remand with stealing :is. in money and two railway luggage tickets irom the person of Leonard David M'Cracken. Tho offence was alleged to have taken placo on April 18. A'css was further charged with having received a Gladstone bug knowing it to have been stolen. Chief Detective Broborg prosecuted, Mr. J. ,T. M'Grath appeared for Lane, and Mr. O. Buddie Jor (O'Brien, while Voss vras not represented by counsel. The charges were taken together. Leonard David M'Cracken, contractor, of Flat Point, To AVliarau, recounted how, on arrival in Wellington on April 13, be left his swag and a Gladstone bag at the Lainbton Railway Station, and received luggago tickets for them. The bag contained articles of clothing, n pipe, tobacco, matches, sleeve links, a tie pin, a box of soap, a bottle of scent, a razor, shaving brush, and a bottle of tricopherous; total value, about .t'G. The Gladstone bag produced with the initials "L. M'C .' was the bag which he had left nt the station. Witness also shtrd that certain articles produced were similar to those that had been in tho bag. About 6.30 a.m. on April IS witness made the acquaintance of the accused Lane and O Brion in the bar of the Terminus Hotel and "shouted" for them. About L'.'iO p.m. on the some day he met the three accused at tho hotel. Later he went with them to the back of the Te Aro .Railway Station and had a sleep. When he woke UT) he was alone, and he then discovered that_ 3s. and two luggage tickets were missing from his pocket. Ho thereupon reported the matter to the police. Daniel Uucklex, barman at the Terminus Hotel, deposed to seeing M'Cracken bar of the hotel on the aflornson of April 18. He (M'Cracken) was iu the company of O'Jlrien and some others. Donald Bell, porter nt the Lambton Railway Station, stated that he received a ticket for the Gladst ?ne bag produced. The ticket b:tro the name of M'Cracken. Witness, in exchange for the ticket, handed tho bag to n man very like the accused A T oss, but he could not swear that it was Voss

Detective Casyclls gave evidence to the pficct.thnt ho and Dctcctivo Masoji saw nic accused Voss and ilie accused O'Brien in the Railway Hotel on April 10. Witness brought them to the Tolice htation, informing them that they were suspected of robbing a man, anil would have to come along for purposes of identification. When Voss and O'Brien arrived at the station, ho (witness) searched them, and found in their possession the various articles (produced) that had been shown to the witness Jltracken. Subsequently both men were charged with tho offence. Later in the day witness saw accused. Lane, in I lie Hotel Cecil, and brought him to the ionce Station. Lane then gave witness statement in which it was stated that O Brien had taken a ticket from the Pi m °f"M'Craekcn, while thev were in the -Terminus Hotel together, and that subsequently, the three accused had gnne to the. railway station, where Vcss handed in the ticket, and received in return a gladstone bae. The statement further alleged that the three accused then took tho bag to the Thomdon Esplanade, where Voss and O'Brien broke it open, shared the contents, filled the bag with sand, and threw it into the harbour. As a result of receiving this statement, witness • and Detective Mason went down to the Thomdon Esplanade, secured a boat to search, and eventually discovered the bag in the water. Witness had himself seen the accused in the vicinity of the Terminus Hotel on April 18. /"answer to Mr. M'Grath, witness admitted that the bag was found f-olelv 1 on account of • the ' statement made by! Lane. I,p till the present witness hail j no reason to believe that Lane's state- ! ment was untrue. !

I During the reading of Lane's statement, the latter complained tint Voss had used an improper expression to him and asked to be allowed to stand awav from him. The magistrate warned Vo«s that any misbehaviour in Court would be followed by serious consequences, .throughout the hearing, I.ano appeared to be very nervous, and kept a sharp eye on his nearer companion, Voss.l Detective Mason gave corroborative evidence, and stated that when O'Brien was charged with Ihe offence lie said "Oh, that's what I'm charged with. I was drinking with that coon in a «lv grog-shop on Sunday. That is why lie picked me.

All three accused reserved their defence, and were committed to the Supreme Court for trial. Voss and O'Brien wore admitted to bail in r£o(f and two sureties of .£25 each, but Lane's bail was reduced to .£3(l, and two sureties of ,£ls each, the police offering no objection. SERIOUS CHARGES, Annio Petersen, a married woman, and Ldward .Reynolds, a middle-aged man, were jointly charged with unlawfully uslug an instrument with intent to procuro abortion, tho subject being a girl 17 years of age. Reynolds was iurther charged with unlawfully supplying an instrument, knowing it to have been intended tor an unlawful purpose. Chief Detective Broberg prosecuted, Mr. A. L. Herdman appeared for tho accused Peter-en and Jlr. T. M. Wilford for the accused Reynolds. Chief Detective Broberg asked that the charges against both accused be taken together. This was opposed bv Mr. Wilford, who contended that his client's case might be prejudiced by such a procedure. It appeared that an application of a similar nature, made 011 behalf of the' accused Petersen, had been refused when the chief witness's depositions were being taken at tho Hospital. The magistrate also refused the application now made by Jlr. Wilford, and intimated thatthe matter could bo better decided when the, case was in tho .Supreme Court.Evidence for the prosecution was given by • Dr. C. M. Hector, of Hutt, by a married woman in whoso house the girl had been employed, by'the mother of tho girl, by Constable Dempsev, and Detective Lewis. Defence was reserved in each case, and each accused was committed to the .Supreme Court for trial. Bail was allowed in the same amounts as previously. SENTENCED FOR THEFT. William Newbury, who had on Tuesday pleaded guilty to a charge of stealing, on April 10, a dress basket and a quantity of clothing valued at .£3, the property of Ellen Thompson, was brought up for sentence. The same accused and another man, named Sydney William Arthur, were jointly charged with stealing, on April 21, a blaukct and two pairs of trousers valued at 155., the property of Margaret Britis. Both pleaded guilty. Newbury, who was an old offender, was sentenced to ono month's imprisonment on each charge. Arthur, having no record, was fined 205.,' with the alternative of 'seven days' imprisonment. Tho goods, having been recovered, were ordered to bo returned to tho respective owners. FURTHER REMANDED. • William John Carpenter, a storeinan on R.M.S. Tainui, was charged 011 remand with assaulting Nicholas Normiln on Thursday, thereby causing him actual bodily harm. Mr. P. W. Jackson appeared for accused and asked for a further remand for a week and this was granted. Hail was allowed as previously. May 12 was I lie nay fixed for taking the evidence nf witnesses from the Tainui. It is expected that the case will be a Ion? one. EVIDENCE VERY WEAK. Appearing 011 remand 011 throo charges of indecent assault, a youth named Cieorgo Stuart Neish was defended by Mr. T. >1, Wilford, while dub-Inspector Shechon conducted the prosecution. After the ovldenoa had been tendered the _«DgijtraU_Bsid . J

that iho evidence was very weak and dismisspjMwo of tm» duii'fios, but, on the remaining elinrge, accused, who reserved ni.s (Hence, was euminitted for trial. Hail was reduced In {he >um of cC2O, a id one surely of XW or two of XU) each. OTFIKit CASKS. Mny Tanner pleaded not guilty to a charge of dni'iUenno-s and to a further charge oi procuring liquor during the currency i»f a prohibition order, but the evidence was against Inr, and, as 1 here Mere several previous breaches of the order on record, >he was sent to the Jnebriates' Home at. Kakalca to be there detained for one year. •lohn Oscar Sutherland and Roderick Mat hi .-on, charged v.-ilh drunkenness, were finrd 2tf.~. each, in default .-oven dny.i' imprisonment. Minnie M'Xcil, alius Wolfe, who admitted having boon foil ml drunk, was lined Jits., villi (lie option oi' •IS hour.-.' imprisonment. Two first-oll'euding inebriates, who did not appear, were ordered to forfeit their hail of 10?. each, or undergo 21 hours' imprisonment. .Another first offender was lot ofi' with a fine of !>s., two others were convicted and discharged, and still another was remanded for a week's medical treatment.