MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1128, 16 May 1911, Page 3

MAGISTRATE'S COURT.

. (Before Mr. W. G. Kiddoll, S.Jf.) "A PASSIYE RESISTER." TALKS OF A FEARFUL RECKONING. UNUSUAL CASE INDEED. "I'm a passive resistor, your Worship,"' was the explanation given by yesterday in n ease m which Hciyrv Gordon applied to have Patrick John Sullivan hound over to keep the peace. Both parties conducted their own cases. Plaintiff (Gordon) stated that lie was bailili of the Magistrate's; Court, Wellington, and a sheriff's officer of the Supreme Court. On the afternoon of April ■2!i, he went to the residou.ee ot defendant Sullivan, at Konim Road, Hataitai, for the purpose of serving him with a copy of a Supremo Court: writ of ejectment. He was well received by defendant, but. the latter said that ho did not intend to go out of tho house, and that lie "would shoot any man dead who attempted to execute the writ, and, further, that if he was taken from tho houso "it would havo to bo feet lirst. Witness therefore feared that his life was in danger if he attempted to carry out his duly, niid exemtn tin. wrli. Oh May 1, witness saw Sullivan at the office of ,ho latter's solicitors, and he (Sullivan) stilt expressed himself in tho same terms. _ Cross-examined by defendant, plain iff admitted that he had found him (Sullivan) a very nice man in alt other respects. ' , .. , Defendant, in his evidence, stated that ha was a labourer, and had inado his home in the house which he now occupied. He considered that ho was being unjustly dealt with in this case, and ho intended "to make the job as duty as possible for his persecutors. .Ho was surprised at Mr. Gordon taking this action, as he (Sullivan) had respect for rrey hairs, and had no intention of harming Mr. Gordon. If, in excitement, he had threatened to shoot him, he now withdrew that threat. But he was going to be a passive resistor, and those who exccited the writ would havo to move every stick of furniture, and. then carry witness and his wife and child out of the huii-M. Ho hail no reckoning with plaintiff in this action, but there would be-a "fearful reckoning" with his persecutors later on. • . ; At this stage plaintiff Gordon intimated that, if Sullivan would give an undertaking to be only a mere "passive resiste/' until Friday next, he (plaintiff) would then he prepared to withdraw. "Are you prepared to give that undertaking ?*' asked the magistrate, "Well, -vour Worship," replied defendant, "I couldn't very well stand by and see my wife ordered out of her house. If anyone laid a hand on her, I'd have to take" a part in tho affair." The magistrate remarked that this was .something altogether different from what defendant had just previously said. It was rather a peculiar case, and his Worship would look into it, and give decision this morning. WHAT HIS SILENCE IMPLIED. Charlotte Styles, for whom Mr. M. F. Luckio appeared, made application for increased weekly payments under a maintenance order in force against her husband, George Stafford Styles. Evidence was given to the effect that tho applicant was unable now to maintain herself on the present payments owing to ill-health. When defendant was placed in the wit-ness-box ho stated, that he was at present out of employment, but had money in the savings bank. Asked what amount, he had to his credit, defendant replied to counsel:"'That's got nothing to do with you." Tho magistrate informed defendant that he must answer tho question, and, as the latter refused to do so, he was taken into custody. At 2.15 p.m. defendant was again brought before the magistrate, and asked if ho was prepared to answer tho question then. His reply was that he would rather go to gaol. His Worship therefore increased the payments under the order to 15s. per week, remarking that defendant's silence must bo taken as an indication that ho was in a position to make the payments. "GETTING HIS OWN BACK." Albert Mildenhall, appearing on remand, was chargeo. with stealing, on May 10, a milkcan containing five gallons of milk, valued at lis. Sd„ tho property of F. E. Green. Mr. P. AV. Jackson appeared for accused, who entered a plea of guilty. Sub-Inspector Shcehan stated that, on account of frequent complaints received, a constable had been instructed to watch the arrival of the railk-train at the railway station, with tho object of detecting thefts. Accused was seen to take the milkcan, place it behind a telegraph post, and afterwards remove it. Mr. Jackson, on behalf of accused, explained that his client had been a resident of Wellington for many years, and had hitherto borne an unblemished character. There had been frequent, thefts oi milk at the railway station, and accused had been a sufferer by those 'thefts, in taking tho milkcan ho thought that he waa getting back some of what lie had lost, and. at. the time, did not realise, the nature of his offence. ' The magistrate imposed a fine or 20s. and witnesses' expenses Bs., in default -13 hours' imprisonment. THEFT OF A WATCH. Frank Bassett, described as a rabhiter, pleaded guiltv to stealing a watch on May :i, valued at M 10s.. the properly of Henry B. Evan-. Jt appeared from Hie evidence that accused had taken the waleh, and disposed of it to a pawnbroker lor s'-. Theiv was a. previous conviction against him for false pretences. Mr. P. W. Jackson, who appeared for accused, stated that, at the time of the theft, his client was under the influence of drink, or the offence might not have occurred. The previous conviction dated as far back as 19015,.ani1, as accused had since been earning an honest livinu, counsel asked that leniency be extended him. Accused was fined .LM, and rrdcred to pay 55., the amount for which the watch had boon sold to the pawnbroker. Default was fixed at U days' imprisonment. ILL-TREATING A HORSE. Albert Jackson, a youth IS years of age. pleaded guilty to a charge of cruelly illtreating a horse on May S, by working.it wjaile it was in ill-health, ~j

Mr. If. .). Webb, who appeared for I ho I S.l'.f.A., jnl'cirmi'il (Iks magistrate that 1 I In- hoi-.-e had been slopped by I ho so-' cli'l.v's inspector anil, :ifler being examined by a veterinary surgeon, had been condemned :iml destroyed. The society liiiil been unable lo ascertain who the owner was, and .-.a the driver of the hor.-e had bi;i'ii prosecuted. In fixing the penally, (ho magistrate tool; into account the youth of accused, .•ind Hie fact. Ihal lie was only in receipt el' small wages. A fine of ais. was imposed, willi cn.-ls !)s., and solicitor's fee X\ Is., in default seven days' imprisonment. AU.KCIr.'D HOI'SE-BREAKING. Ailinn- Thomas was charged with breaking and entering the dwelling of Nathaniel Jacobs nn April 17, and stealing. therefrom a (|ii-.iiitity of clothing valued at x~i. On the application of Thief Detective Broborg, accused was remanded until tnmorrow morning, when, it is understood, several oilier charge.-, will be preferred against him. MAINTENANCE. .fames Hendry Elliott Tyson did not appear to answer a charge, of disobedience of a maintenance order, under which tho arrears amounted to .1:30 18s. . Ho was sentenced lo three months' imprisonment in Lyttelton Gaol. Helen Johnson, for whom Mr. P. W. Jackson appeared, applied to have a maintenance order (in farce against Frederick Johnson) varied so that payments could be made in WVllinglon, instead of Wnnganiii. The application was granted. Kathleen Beatrice Hudson, for whom Mr. K. Kirkealdio appeared, was granted remission of arrears due under a maintenance order, the order lo stand in other respects. VAGKAA'CY. Ada Lister, against whom there were numerous previous convictions, pleaded not guilty to a charge of being an incorrigible rogue, but the evidence was against her, and she was sentenced to one year's imprisonment. James M'Koevor pleaded guilty to a charge, of being a rogue and a vagabond with insufficient lawful 'means of support. He was sentenced lo one year's imprisonment. John Colin M'Kay admitted entering licensed premises during the currency of a , prohibition order, but denied that he was an idle and disorderly person with insufficient lawful means of support. After hearing the evidence tho magistrate considered that accused must be convicted, and ho was ordered to come up for sentence when called on. For breach of tho prohibition order he was fined 405., the alternative being seven days' imprisonment. OTHER CASES. , For disorderly conduct while! . drunk, Peter Chalmers was fined 40s. and witness's expenses 4s. in default seven days' imprisonment. For refusing to quit tho Pier Hotel when requested to do so by a servant of the licensee, the same accused was fined 205., with the alternative of seven days' imprisonment. .... Roderick Mathieson, charged with

I drunkenness, was sentenced to H days_ imprisonment, and was also prohibited 1 i'di' one year. tlhiirlc-i J)avidson, for a similar oll'encc, was iinod 111)-., with the option of .seven (lavs' imprisonment. Stella Taylor, alias Marsden, was fined Ids. i'or drunkenness, the alternative beinj; ID hours' imprisonment. A first-oU'eiidiii}; inebriate, who did not appear, was ordered to forfeit his bail of Ills, or undergo '18 hours' imprisonment. Another first (ilfender was convicted and discharged. I'or driving a vehicle on the wrong side of the street,' Sydney Ilnnler was'fined 10.-. and costs 75., the option being 48 horns' imprisonment. A similar fint was imposed on the same accused for leaving his vehicle unattended in Customhouse (Jiiay.