MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1431, 4 May 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Elddell, S.M.). * SABBATH BY-LAWS. j° PICTURE SHOW ON BORDER- k !,' BUT ESCAPES, ij At the Magistrate's Court yesterday .the ( ( Wellington. Corporation. proceeded against i, Charles M'Mahon and Marshall John | { Donnelly for having given a Sunday enter- j tainment in The iNew Theatre without j having obtained the consent of the Uty | Council. , 1L Mr. Beeohey, who represented the ooun- ji cil, stated that tho defendants had first < advertised the entertainment nnd had t afterwards called at the municipal offices { for the necessary permission. Tho defend- e ants had then been notified that the ape plication would have to go before the fa council, and that the council would not meet before the date fixed for the enter- { tainment. Mr. J. J. M'Grath appeared for tho de- « fendants. He stated jtliat the defendants C had been "unaware of their obligation to « the municipality until after they had < made arrangements for tho entertainment' ( and had advertised that it was to be held. | t Everything had been done by the defend- I ants at their own expense, and the pro- i, ceeds had been handed to the Hospital | Board. If ever there had teen a case of i< leniency this was one. i< His Worship: "There is no doubt that (< having made all arrangements they con- i ( sidered it necessary to keep faith with the ~ public; and the object was a good one. I j, think their having been before the Court | ( will servo as a warning. will j be convicted and ordered to pay Court i costs 9s. i S SEASON TICKETS ON TRAINS. | E. L. lees was charged with, while trav- i, elling on the railway between Wellington ( and Lower liutt on March. 24, having tail- i ( cd to product) a ticket when asked by a, the guard to do so. j; Lees admitted that he had not had a ■ ticket at tho time, but said that h© had produced it later in tho day. Mr. H. H. Ostler, who represented the ,; Railway Department, said that he believ- \ ed that Lees was the holder of a,season ticket, and that on the day in question S ho had left it at home. When tho guard had demanded production of the ticket, or the price of ths fare. Lees had not paid. "If," continued Mr, Ostler, " a guard cannot insist on iho production of a ticket, I or the payment of a fare, anyone can get j on a train and say that ho has left his season ' ticket, at home. . the mat- j ■ ter is one of principle." J His Worship asked defendant why he )> had not paid tho faro under protest and u applied for a refund. His Worship con- : vfctod Lees and discharged him without imposing a penalty.. .' j BY-LAW CASES. ' ! iChiing'Wsh and Hop.Tai were charged 6 with having employed shop-assistants alter , 8 p.m. Tho former was fined .61 witn costs 35., and the latter (who had offended ; previously) was fined .£2 with costs 7s. Albert' Christian Beu,.. a painter, was : fined 10s., with costs 75., for having erect- ; cd a scaffolding more than 1« feot in k height, without having first given the inspector of scaffolding a written notice. . Mr. K. Kennedy appeared for the defendant- . ,„,.,, Charles Aitoheson was fined £[, with costs 75., for having ridden a motor cycle around the corner of Willis Street and .Manners Street, at more than four miles an hour. .„.,., Phillip Gosse and David Andrews were charged with having left a certain open drain unlimited. Gosso appeared and explained that he had left a man m charge of the work; but that the man had "got on tho spree," and had neglected to attend to the making of the dram safe. -The defendants were convicted, and ordered-to pay lis. each as costs. Samuel Barnett was ordered to pay Court costs, 75., for having left a vehicle standing in Taranaki Street for some length of time. Defendant stated that ho had left tho vehicle with n blacksmitu who was shoeing his horse, and his A\ orship replied that defendant had thereby appointed the blacksmith his agent. Tho Court, dismissed a charge brought . bv the police against Michael M'Grath. Tho allegation was that defendant had left a vehicle standing in Taranaki Street. Constable Smith gave evidence in support of the charge, and Mr. .T. ,T. M'Grath appeared as counsel for the plaintiff. His Worship said that he thought defendant had committed a technical breach of the I by-law, but it was not a serious matter, and tho information would be dismissed.

"WANTED" FOB A YEAR. | Robert Smith pleaded guilty to a charge I of having obtained £i from Frederick Dobson by false pretence 3, Chief-Detective Broberg said that defendant had been "wanted" for about twelve months, and ho had just *een arrested at Blenheim. There were two other: allegations against him. Defendant waa remanded for sentence till May 8. OATH OF ALLEGIANCE. A case in which Henry Marshall was charged with having failed to take tho oath of allegiance which the Defence Act required him to take was called on. Marshall had been before the Court previously, and had expressed willingness to take the oath. The case had then been adjourned to give him an opportunity of doing so. Yesterday, Sub-Inspector Sheahan stated that tho Defence Office hod informed him that Marshall had ta.ken the oath, so he asked permission to withdraw tho caso. The Court consented to a withdrawal. OTHER CASES. Luoy Weston, alias Milne, and Annio .Smith were each sentenced to ono month s imprisonment for having importuned men in public thoroughfares. For having used threatening behaviour an GueenV Wharf, Frederick Watts was fined M. . t A prohibition nrdor was issued against William Henry Ellis. For insobriety, George Harris was fined M, William Mack 10s., and Annie Maud Sales 10s. ~,,,• • lioso Fraser was charged with having stolen a metal watoh, valued at £1 55., from Ah Yum; and Frederick Yanscn was accused of having received the watch. Both were remanded till May 6. George Thomas was brought before the Court charged with having deserted H.M.S. Encounter at Sydney on or about January 4. The Court made nn order for Thomas to be detained and handed over to the naval authorities.