MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1818, 2 August 1913, Page 2

MAGISTRATE'S COURT.

LIVERY STABLE PONY. COUHT CASE BROUGHT BY S.P.C. V. , BUT NOT PROVED. . At tho Magistrate's Court yesterday, Walter Kilkolly, driver, employed by Alexander T. M'William, cab and carriage proprictqr, Cambridge Terrace, pleaded guilty to having worked a pony whilst in an unfit state, and was fined 205., lis. costs, and 21s. solicitor's fee. As a scquol, Alexander T. M'William was. charged with causing the horse to bo so worked. Mr. Meredith prosecuted, and Mr. M'Grath represented defendant. Mr. Meredith submitted that the responsibility of employing animals in an unfit condition rested on the owner, as if the employee refused to work it when told he would be discharged. There was evidence this case of Mr. M'William's knowledge, as a few days previously Mr. Horace Baker, J.P.,, called tho attention of Sergeant Kelly to the condition of the horse, which was sent home. Some days after, Inspector Seed, of the S.P.C.A., saw the same horse being driven through tho streets when painfully lame, but was too far away to stop it. Next day, however, he did so, and smt it home. Defendant admitted having used blisters on the fore-leg. Inspector Seed corroborated this opening statement, and in cross-examination did not admit that Mr. M'William had the finest horses in Wellington, though ho had no fault to find with them, as they wero well fed and bedded. He agreed that this was a valuable young horse, but the reason why these horses wero breaking down was because they were too young. Witness denied saying to tho driver, "This is not a serious matter; I want you to go down to Court to plead guilty so that I can get hold of Mr. M'William. Kilkolly did not plead guilty at his (the inspector's) suggestion, nor did he say that if ho pleaded guilty he would get the solicitor to say it was not a serious case. Horace Baker, J.P., spoke as to seeing the horse being driven whilst lame. Mr. M'Grath, in defence, stated that this was one of tho best three-year-old ponies in the city. Only a few days previously defeadant refused sixty guineas for it. Defendant stated that he had carried on his business at Wellington for over 18 rears, averaging ten vehicles and 30 horses, and ho had never previously been charged with cruelty to a horse, though ho had been accused of treating them too well. Ho slept with his horses, and nobody fed or watered them but himself. Tho driver did not call his attention to the condition of this horse. His Worship, in dismissing the 'nformation, said that the evidence was conflict- j in", and it would have been lwtter if a veterinarv surgeon had been called in. Ho was hot satisfied that the defendant knew that tho horse was lame, and he was also satisfied that the inspector did not make tho statement to the driver which had been allesod. Ho was not pro-1

I pared to convict, though the case was a suspicious one.

DEAD FROM STARVATION. An Italian named Pio Perng was charged with not having provided proper: shelter for his horse; which was found dead oil the sea, coast near Eona Hay. Miss Richardson proved seeing tho'horso exposed oil tho sea coast, as elio v.'ent to ami returned from Muritai, and Inspector Seed, of the S.I'.C.A., having been irformed, found tho horse had died from exposure, starvation," and old age. A fine of 40s, wns imposed, and defendant was also ordered to pay 9s. costs and a guinea for Hie solicitor. On a second charge, defendant was ordered to pay 9s. costs. THE ARCHITECT'S ACT. 1 Chapman Taylor, architect, Silverstream, was charged with assaulting a gardener named Valentino Parker on Sunday, July, 13. Mr. Nielson appeared for tho informant, and Mr. Beere represented defendant. Informant stated that he was cutting scrub nenr defendant's-residence nt Silverstream when defendant came out and told him ho had no right to do so. He then took him by the throat, and throw him on tho ground, .inflicting such injuries that informant had to call on Dr. Kemp at Upper Hutt, and later on another doctor at Wellington. His Worship held that technically there was an -assault, but ho would dismiss tho information on defendant paying tho solicitor's and witness's fees. "DEER WOULD GO.WELL." Harold Alfred Olver pleaded guilty to sending liquor into a No-License district. Inspector Hendry said that tho Leer was not labelled, but ho believed it was merely a foolish "action on defendant's part. Mr. P. Jackson", who represented defendant, said that he was secretary of a club at Kilbirnio. On July 12 there was a "smoker;" at which it was thought "a little beer would,go well." By some mistake others interfered, and tho beer went out unknown to him, He had no intention of any illegal practice, and under those circumstances ho thought that a small penalty would meet tho case. His Worship said tho defendant was supposed to know the law with regard to taking liquor into a No-License district, and he would bo fined 205., and costs. TRAM PASSENGER'S LAPSE. Henry Dibley pleaded guilty to not having paid his faro on a tram on July 7. It appeared that defendant boardod a oar in Lambton Quay, and though, tho conductor several times went round for fares ho had no ticket when the inspector demanded them. A fine of 155., including costs, was imposed. SHOP DOORWAY THEFT. At the Magistrate's Court yesterday, George Pcarce was charged with stealing a pair of boots, valued at IGs." Gd., the property, of A. Lindsay and Co., Lambton Quay. It was stated by George Hicks, assistant, that tho boots were hanging in tho doorway, and Detective Demp'sey proved finding defendant with the boots, near the Hotel Cecil shortly afterwards. Defendant pleaded that he bought the boots from a friend, l)ut his Worship ruled that this explanation was not sunicient, and fined defendant 405., there being previous convictions for theft, assault on polico, and drunkenness. . REMANDED. Ronald, Stewart was remanded for a week on. a chargo of stealing a camera, pair of opera glasses, and two razors, •valued at ■£•! 7s. Gd., tho property of Frank Spilkme, on July 2G. PETTY TnEFTS. Sydney Harding, ship's steward, appeared fOr eentcnco on a chargo of stealing an overcoat, value JQ2 10s., tho property of Alec. Battenburg, on July 26; It appeared that tho coat was taken from a boardinghouse and sold bv defendant for 4s. ..to a dealer, 'frpm.- whom iti had been recovered. Defendant was fined 20s. and ordered to repay the 4s. to tho dealer. ' TRAINING FARM BOLTER. A Maori named Enoko Tualaia (10), alias Walter Hunter, appeared for sentence on eight charges of petty theft, tho stolon articles having been found in his possession, with tho exception of 9s. 9d. in money, which was taken from the till of a second-hand dealer in Manners Street. There wero two previous convictions against defendant, theft in tho Auckland district, on which- ho was committed to, a training farm, from which he absconded -last February. Ho was rearrested, but again, absoonded on July 16. ' ' Defendant was'sentenced-to ono month's imprisonment, after which he would bo sent to Burn ham Industrial School. . > POLICE NOT READY. Cecil Edward Young Taylor' was charged with the theft of goods, valued at 95., but Inspector Hendry asked for an adjournment, remarking that defendant was summoned to appear last week, and when tho witnesses woro in attendance, but as ho did not appear tho witnesses had been warned not to appear until they received notice. Mr. Wilford, on behalf of defendant, asked who had laid tho information, remarking that from tho information which had come to his knowledge it ought never ti lmvo been lodged. Ho did not, he said, usually mako such a statement without udequato reason. Defendant, who was a man of good character, had been brought fifteen miles for tho offence, for which he had a good defence. . His Worship said that as tho police witnesses woro not ready the case would bo. adjourned until Monday. SPEED RATES AT CORNERS. John Mosley was fined 55., and 7s. costs, for driving round a corner at six miles an hour on July 22, and-William Heavy, who was charged with a similar offence, was ordered to pay tho costs, pleading that his liorse slued at a motorcar ' which was driving alongside, when rounding Cuba, Street from Manners Street.', , James Carson was fined 55., and ,13s. costs, for a similar offence in Courtenay Placo and CamLridgo Terrace, where he knocked a child over. , COURT ODDS &, ENDS. Edward Stanley Smith was fined 205., and 7s„ Costs, _ for failing to connect his premises at Northland with "the sewers, and the same penalty was inflicted upon' George Henry Bradley for a similar omission at 116 ftorthlnhd Road. Mr. Beecliy prosecutcd on behalf of tho City Council. Joseph Barratt and Philip Sharkey wero fined 10s. and 20s. respectively for ilrunkenness. George Woucott was fined 55., and 13s. costs, for allowing a horso to bo at largo in Tinokori Road. Horatio Knrl Laurenson was fined 55., and 7s. costs, for being absent from drill. CIVIL SIDE, THE UNDEFENDED DEBTORS. Dr. M'Arthur, S.M., gave judgment for plaintiffs by default in the following cases:—Davis and Clater v. E. J. Samuel, costs .£1 125.; D.1.C., Ltd.. v. W. J. ICeay, ,£3 12s. lid., costs 10s.; Forde and Co. v. A. A. Douglas, JGIS, costs 55.; Commercial Agency, Ltd., v, Annie M. Breniff, Xl3O 4s. Id., costs ,£G 55.; J. J. Niveu and Co., Ltd., v. R. O'Rourke, £3 ss. Id., costs 10s.; W. M. Bannatyno and Co., Ltd., v. Edward Smith, X 9 12s. Gd.-, costs £1 3s. Gd.-; Helen, Stanley v, Claude Over, Jtl, costs 55.; Ada Fraser v. George Jones, £1 12s. Gd., costs 75.; British and Continental Piano Company v. Frances Cootes, .£l9 ]0s„ costs <£1 l'Ss. Gd.; snme v. John Ropata, JEI3 10s,, costs iil 17s. Gd-.; C. Pratt, and C'o. v. F. Bird, «£O, costs .£1 3s. Gd.; Ct. Goldstein v. A. Whitehouse, £5 19s. 10d„ costs .El 3s. Gd.; Hill and Bnrton, Ltd., v. William O. Wilkinson, £S os. 3d., costs .£1 Gs. Gd.; Commercial Agency Company, Ltd., v. C. Edgar. ,£G 19s. 10d., costs. ,£1 3s. Gd.; same v. F. Campbell, 125., costs 55.; same v. A. Thomas, ,£4 3s. lid., costs ,£1 Bs.; Barber and Co. v. Mary M'Firlano, ,£1 lis. 8d„ costs 55.; same v. Agnes Jackson, 12s. Gd., costs ss. JUDGMENT DEBTORS. Henry Hyman was ordered to pay 20s. per week in respect of a debt of .fill 2s. owing to Charles Adams, and Arthur Davis was ordered to pay 20s. per month towards the settlement of tho same claim. Georgo Beazley was ordered to pay 2s. Gd. per week in respect of his debt of £o Gs. owing to James M'Loughlih.