LAW REPORTS.

Dominion, Volume 6, Issue 1762, 29 May 1913, Page 9

LAW REPORTS.

LOWER COURT.

OFFICER & SERIOUS CHARGES. FURTHER ADJOURNED. Joseph Houldsworth Smith, a lieutenant in the Territorial Force, was charged at the Magistrate's Court yesterday with committing certain serious offences. Mr. W. G. Riddell, S.M., was on the Bench.' The Charges Bad reference to certain acts of an indecent nature, as follows:—(1) On the 6teamer Maori, between Wellington and Lyttelton, on December 25 last; (2) at Trontham, on December 31; (3) at Trentliam on January 1. Accused was represented by Mr. H. E. E-vnns.

Evidence was given by Gordon M'lntosh, school teacuer of Dunedin, and a second lieutenant in tho Territorial force, and the case was then adjourned unlit June i. .Bail was allowed in the sum of Jim.

DAY'S DRINKING. THE SCUFFLE AT THE END OF IT. A charge of assault with intent to commit robbery was preferred against Herbert Cecil Jcffery. Chief-Detective iiroberg prosecuted, and Mr. O'Leary appeared tor the accused. George Henry Burt, a slaughterman, gave evidence as to what happened to him on the night of Monday, At ay 19. On that date he met some friends, and the accused was among them. They went to the Imperial Hotel, in Cuba Street, and, after having drink, proceeded to the Duke of Edinburgh Hotel, in Manners Street. He could not recall where he had changed a certain *65 note, or whether he had changed it in the accused's company. Ho remembered that, whilst walking in the direction of Courtenay Place, accused suggested that they should go down Lower Taranaki Street, and proceed to Courtenay Place via tho back streets. Witness protested for a while, but subsequently he went. A man named Bennett went with him. They crossed the railway line, and proceeded along the back of the Te Aro railway station. Witness again protested, and said that he wished "to walk along tho road," but eventually he was coaxed into going along to the back of tho station. He remarked that it was "very dark," and he desired to go back. 110 then stopped. Ifcjnnett walked on a few paces, and, as witness half turned round, ho received a blow on tho face, and was simultaneously caught by the throat and thrown to tho ground. Witness called out to Bennett to pull the accused oif, but Bennett did not take any notice. Ho struggled for some time, and eventually was able to get his pocket-knife out. Accused then called out to Bennett, "Get hold of his arm, ho has got a knife." Bennett said something to tho effect that he "did not hold to that game," and refused to aid accused. Witness then freed himself, and, after getting up, he saw accused running away. Ho and Bennett then proceeded to tho Manners Street Police Station and reported tho matter. Witness added that tho offence took place at about G p.m., and at the time he had about .£2O worth of jewellery in his possession. To Mr. O'Leary: It was true that ho had had a number of drinks during tho day, and had struck a man in the Clarendon Hotel.

Detective Andrews stated that he saw the complainant, Burt, at tho Manners Street Polico Station on tho night of 31 ny 19. Burt had an abrasion on tho cheek, and his overcoat was dirty. The accused hod been arrested on the following morning, and when charged with the offence said nothing. Bennett had disappeared. Mr. O'Leary contended that this was not a case for a jury. Several times during examination Burt had contradicted himself, and, on this, counsel contended that tho evidenco for the prosecution was unreliable. There was 11 certainly a caso for assault to be explained, but there was none of intent to rob.

His Worship said that on the evidenoe" he did not propose to dismiss the case. Accused was then put into the box to give ovidence. He denied that he intended to rob Burt. The latter, he said, was "a bit excited" when at the back of the railway station, and he bejan to flourish a knife. In his opinion Burt was getting dangerous, and so, in an endeavour to secure the knife, he punched the man twioe.

His Worship remarked that it appeared that both complainant and accused had boen. drinking considerably during' the afternoon, and complainant was more under the influence of liquor than defendant. It was unfortunate that the man Bennett had not been found, as he might have been able to throw some light on tho matter. Tho information would bo dismissed.

OTHER POLICE CASES. Charges of insobriety and using objectionable language were preferred against William Edward Townsend. On the charge of insobriety he was convicted and but on the other charge was fined £3, in default 14 days' imprisonment. John lOan, charged with insobriety, was convicted and discharged. For committing a certain act in a public place he was fined .£3. The following cases of insobriety were also dealt withNorali Nugent, sentenced to one month's imprisonment; Kathleen Flood, fined 55., or 24 hours; James Canning, fined 205., or three days; John Patrick Coyle, fined 405., or seven, days' imprisonment. Tho last-named was made the subject of a prohibition order. Two first offenders were convicted and discharged.

CIVIL BUSINESS. (Before Dr. A. M'Arthur, S.M.) John Wallace Basson and Percy George Easson, timber merchants, of Wellington, sued Wm. Hoyland, cabinetmaker, of Wellington, for .£94 10s., being a sum of £75, payable with interest thereon. The case was heard before Dr. M'Arthur. Mr. Luckie appeared for the plaintiffs, and Mr. Fair for defendant, The claim was not disputed, but the defendant counter-claimed for tho sum of ,£l4O Is., being the amount of damago alleged to have ueen done to his house through negligence on tho part of plaintiffs. It was set out in the counter-claim that the defendant and plaintiffs had exchanged certain houses, and tho plaintiffs had agreed to effcct certain repairs to tho roof of tho house, and to glaze glass on the verandah of same, which defendant was taking from plaintiffs. In consequence of plaintiffs' negligence to repair tho roof, etc., the house had been damaged considerably by rain and wind, nnd defendant had fo.und difficulty in letting it. After .hearing some evidence the caso was adjourned until Friday.