MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1944, 30 December 1913, Page 9

MAGISTRATE'S COURT.

SECOND-HAND DEALERS. J

THE LEGITIMATE PURCHASE OK STOLEN GOODS,

:# l[i','.T.s.S. Evans presided over a sitting of . the Magistrate's Court yestcrday .morning. ■

A pica of guilty was entered by Henry - Martin, who was charged with stealing >t number of tools, valued at £1, the property of Walter Horatio Phillips. The theft had been committed from a shed at the rear of Phillips's premises. Chief Detective Uroherg made mi application that tho tools he returned to the- o'wnci' and that tho owner pay tho second-hand dealer, to whom they wero disposed of, tho sum of Gs., advanced on tho goods. ..

His "Worship said he did not think ho could make such an order except under special circumstances, as in ■ a case where the person from whom tho goods iiad been stolen had carelessly left liis belongings about, thus placing temptation in tho way of anyone who come across them. There was no carelessness on the part of tlio owner of the goods in this case.

Chief Detective Broberg contended that tho application mado by lmn should bo granted, Apparently tho Legislature thought sucli a provision necessary, otherwise the clause would never have been inserted in tho Second-hand Dealers' Act. If tho dealer had bought stolen goods in a legitimate manner and had assisted the police in finding tho vendor of such articles, lie {Chief Detective Broberg) thought' it was tho duty of tho police to make tho application 'ho . wnf making. His Worship's rilling meant practically that tho provision in the Second-hand Dealers' Act was valueless.

Tho Magistrate said he could not see : his way to make the order asked. Tlnpro was no reason why tho owner of goods who had not been guilty of negligenco 'as in this case should be penalised. It would be,, a. good suggestion to get 'a ruling from tho Supremo Court on tho point. Accused was sentenced to fourteen days' imprisonment and an order 'was snado that tho tools b» returned to ttio owner, tho accused to repay tho price of them to the dealer. A TAXI TIltE AND A PEN-KNIFE. William M'Kay was charged with wilfully damaging a motor-car t-ire valued at £7 10s , the property of Georgo Stewart N.oish, taxi-cab driver. Evidence was given by Michael M'Konny'to the effect that, he saw accused (Jit'Kay) en the «reiri)tg in ques-tion-standing close to the wheel of the taxi-cab with his back to witness. Accused waft working his hands as if cutting the tin, and witness theft observed .him closing a pen-knife. As tho car droye away witness hoard accused soy: "You won't ,io far, anyway."

The taxi-cab owner gave evidence to the cffect that, seven minutes prior to the tire going down it Was. in perfect order, Witness had noticed accused .near his car on the night in question. Mr. A. 11, .Hindmarsh, who appeared • for tlie accused, stated nt the conclusion of ' ovidcnco" for the .prosecution tliat ho would not call evidence on behalf of. his client.. Thwc;was (he submitted) no.evidence for the prosecution to show .that, hi; .'client had (lono tho damiige.

His- Worship hold that a jirima fncio case had been made out against accused. He would be convicted and fined 55., with costs 225., find would be ordered to pay £7 ids- to make good llw ri,imago done,.. , W'THEFT. John Hobbs and George Davidson, who had beeii arrested at Auckland, wero called sipon to.answer a charge of theft. It was alleged Against' them that, on August- 1-1 last at Wellington, they had stolen a sum of £6 20s. iii cash and a quantity of jewellery, clothes .and other articles of a 'total value of £B0 75., tho property of Frcdk. Walter Hewlett,"

On the application, of Chief Dctectiro P.robcrg tho.two wero remanded until January 5,. MAN WITH WIFE AND CHILDREN IN LONDON. Waller William Green, a fireman on the s.s. Mnritai, was charged with tho 'theft of, a bicycle, valned at- £5, the •property of Cknwco Tlionipson. .Accused pleaded flint ho was drunk at tho'-time mid that he lm-J committed tho.theft more for roisci'iicf than for anything else. Tho ovidciicc- was to tho effect that he h f id removed tho bicyclo from outside a shop and had takeii it aboard tho Muritai. His Worship sciitenccd him to on-o montli's imprisonment and immc-diato-Iv accused broke out into a statementthat his wife and five children over in London would starve. After further consideration the Magistrate trave tlio accused tho option of. a fine, of £3. OTHER CASES. - John Hayes and Alfred Oivcit wero each charged with using threatening behaviour in Willis Street on Decehiber 27.- The former pleaded guilty and the latter not guilty. Each was fined 20s. Wm.. James Stephens pleaded guilty to a charge of assaulting ono Arthur Dell. He was fined 20s, and ordered to pay costs 10s. 6d. For committing a certain act in Waterloo Quay on December 27 Thomas Back was fined 20s. For drunkenness tan first offenders j were dealt with; seven wero fined 5s. f j and three 10s, Similarly charged Pat-' rick Parrell and Philip Aliem wero each fined 205., Patrick Leahy 10s. and Bartholomew Mahoney and \Ym. Freeman ss. A prohibition order was issued against tho latter on his own application.