MAGISTRATE'S COURT

Dominion, Volume 5, Issue 1367, 19 February 1912, Page 3

MAGISTRATE'S COURT

(Before Mr. W. G. Hidilell. S.M.)

SHIPPING BANE

MEN WHO HOLD BACK BOATS

CASE AS A WARNING

On Saturday, at tho .Magistrate's Court, Thomas Bryan and William Simo weru charged wit i desertion from the .-tcamer Ngahero, and with disobedience nf orders when engaged on the ves-cl.

Air. A. T,. Hordmnii, who appeared in support of the information against the men, staled that the proceedings were really taken as a warning to men trading to ports about Wellington. Tho defendants bad taken liquor mi to the vessel, and had relused to obey orders. They left the ship without permission, and tho vessel was thus so delaved thai, instead of getting away at 10 o'clock that night, she did not leave till noon nest day. Since li'OS the law had been altered that tho Court no longer had' power to imprison dor desertion) men who signed on in Now Zealand for New Zealand coastal work. He (Air. Herdman) simply asked for a conviction.

Air. P. J. O'Rogan, who appeared on behalf of the men. said that the circumstances were somewhat remarkable. The men had clesertrd as far back as JJceemljor 13, had gone to Auckland, and had been working there as wharf-labour-*rn even since. He could not understand what reason there had been for bringing them down hero. Section 21 of the amending Act of 1!)0!) made it clear that the Court had no jurisdiction to imprison such deserters, and, therefore, the onlv penalty was forfeiture of wages; JM 2s". Id. had been forfeited. A remarkable leature of the affair was that although the men were hawked down here the ship did not require them back. However, the Blackball Coal Company insisted on their being Brought here. In the circumstances tho only thing that the Court could do wa.s to record a conviction. His Worship: On the charge of desertion, each will bo convicted and ordered io_ forfeit all wages due. . Ihe clerk of the court: The police have inclined expenses amounting to £\ IBs. Gd. Air. 0 Regan: As far as that goes the men are practically penniless. Money due to them has been paid into the shippingoltice, and the police expenses should bo paid out of that." His Worship concurred. On a charge of disobedience of orders, tlie pan- were convicted and discharged. "OLD MAN'S LAPSE. Charges of insobriety, stealing from George iowlds, Ltd., eight shirts valued at £l t and stealing a mackintosh worth 30s. from T. Page were brought against John Power. Power, who is well on in vcars, admitted that he was guilty, and ascribed his lapse to drink. ■Station-Sergeant Darby staled that a constable had seen Power walking along one °f the principal streets with a bundle under his arm. On seeing the constable Power went down a side street, so the constable followed and asked tho man where he got the goods. He answered that he had got them from a man on tho street to whom ho had paid ss. fid. Inquiries were made, however and it was presently found that the shirts had been stolen from Messrs. Fowlds's shop in Manners Street, and the mackintosh from Jfr. T. Page's shop on Lanibton Quay. Nothing else was known against Power.

On tho charge of insobrietv Power was convicted and discharged. For stealing the shirts he was fined .61, and on the other charge of theft ho was convicted and ordered to appear for sentence when called on.

All the property has been ;ecovered, and the Court ordered that it should bo returned to its owners. PROWLERS WITH A "PAST:" The theft of a copper boiler was alleged against George Robert Hastings and Joseph Johnstone, both of whom pleaded guilty. The police stated that on Friday afternoon Hustings had been seen going into certain premises, and coming out with something in a sack. When accosted bv a police officer, he stated that he had got the boiler on a rubbish heap on the Tinakori Hills. Joh:is*one was in companv ) n L h , iU^IDSS - Has «nss, who was a bottle-gatherer, had 62 conviction*. There were 17 convictions against Johnstone, but ho had never been convicted of theft This kind of men was a pest to the inhabitants of the outlying parts of the city.

Hastings, said his Worship, "you are an old offender. You are convicted and sentenced to rhreo months' imprisonment. Johnstone, you have not previously been connoted of 'dishonesty. Keep better company if you want to keep out of trouble in the future. You are convicted and fined ,£l, in default seven days' imprisonment."