MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1990, 21 February 1914, Page 14

MAGISTRATE'S COURT.

MURDER CHARGE REDUCED. TUCKER COMMITTED FOR TRIAL. Further evidence wae heard before Mr. E. W. Burton, S.M., at the Magistrate's Court' yesterday in the case in which John Alfred Tucker is charged with the murder on Saturday, February 14, of John Henry Gallagher. Chief Detective Broberg conducted the prosecution, and Mr. P. W. Jackson defended. Dr. Henry, etated that ho was called to, the ■Wellington Hotel about 0 p.m. oA Saturday to attond to Galllagher. The man was then lying,on the pavement, dead. . . Dr. Fyffe, who-made a. post-mortem examination, gave eviderico similar to that which he gave at the inquest. The causa of death was fracture of. the vertebrao of the- neck. ■ The injuries he found could have beei caused by a fall from a blow. .

To Mr. Jackson: .It; was-possible for a man's neck to bo broken by a blow on the- face. Tim blow was exactly under tho auglo of tho jaw, and was at a spot whore the neck was moro likely to bo broken than anywhere cleo. It would requiro a forcible blow to do it. If a man was hit on tho eye or the forehead, witness would not expect his neck to. bo broken, but a heavy fall on the ground would bo sufficient to break a man's neck. In tho present case ho could notsar whether it was tho blow or the fall that caused the fatality..

Henry Wood, barman at the Welling, ton Hotel, gave evidence similar to that which he gave at the inquest. Crossexamined, lie said ho had known accused for two years. Ho came into the bar'every evening. after 5 o'clock for one drink. Ho only had the one drink that evening. Sergeant' Lewin gnvo evifleneo as k> tho arrest of Twcfcer. On the way lucker said: "I .would allow no man to call men ■ . Th& first thine 1 knew about, it was that I was struck «« ike niouth, amil was justified in striking in self-detect." Witness charged accused with murder that evening. Accused made no reply. . This concluded tlib evidence for the prosecution, and'the charge was then reduced to one of manslaughter. \ecused.pleaded not guilty, and was remanded to the- Supreme Cotrrt fer trial. Mr. Jackson made an application far bail, rhis was, not' opposed by Chief Detective BroWg, and the magistrate granted it, self in. £200, and two sure, ties of £50 each. ' »

CHINESE FINED £80. i Yesterday Mr. W. G. Biddell. 5.M., ! hoard several prosecutions atisiV out of the recent raid en Chinese. Mr J. F. \X. Dicks-oa appeared for" the accused. AVong Ling was'charged, with' being the occupier of certain, promises at 21 Hanps Street, and with wsing the same as a common gaming house. CasseJls, who conducted the taii en Mr-wary 11, etated that ho had.found all the paraphernalia for playing pafca-poo on the premises'. . Uoss-oxammed, '*itncss said that the premises .Had been raided about a moatli previously. .Ho believed -that apcased was an agent for a banker, and received, a penny otj each, ticket. Ho took ■ all the risk, Mr. Dickwn entered a plea of "iiiltv, and etated that his client was' a recent' arrival hete. Ho came from Auckland to consult a' specialist about his health, and when lie found the tickets ,1.11 the houso' lie , , could not resist the temptation., -The tickets tod hefoftged to. a former occupant of tlio premises. The' magistrate said that the State provided for ft. penalty of £100, or three months' imprisonment. • There had been previous convictions, and accused weak! be convicted and 'fined £20, and costs' £lls., in default ek weeks , imprison* ment. ■ ■

- AH LUM & THE TICKETS.' _ Ah Lum was with' assisting;in.tho mauagenient.of the-lottery, and with- being fauttd , ill a corn-men gamittg' house, No; 21 Hai-iiing Street. Bickson represented - accused, who. pleaded not guilty- on both counts. ■■Detective-Seigesnt . C-assolls stated that.-. when -be, wea-t to the . botise" at about 6.30 p.m. actusetl- and another .Chinaman were were carrying .new tickets,. recently marked,; and ho.,identified.fhese aa Meiiging to.-the ■bank—not to pjajiers-' Constable }v ikon said tliai ho saw .apcused, putting- what appeared- to be tiolsets into-a lettet-box , in.fh.o.'House,Accused had no explanation, to offer as> to .how:'he became .jsessessed of , certain tickets. He dropped a number of now tickets oti the fioof aftef being ai- ; rested. ■ . '. Constable Dtliin Stated -tktt. he. en-tered-the hottse on the date in q.ucs- ; tion: i When.accused.saw Slim he eiideayqu.red to.ru.n-a.wa.vj fait was.canght. Ho liad'-tliirown 43-tickets gn tlio floor. Mr. Dicksoh cdiittfflded that there was no evidence of the running of a lottery, or that the.whole■; gaitie.ol ■poo. was played. Detective Cassfills had admitted that t-hb house was oiily an agency. Tho more, fact tljat tfie man had tickets did not prove that: there was a lottery. Accused denied dropping; any tickets through' the letter-box, and denied hati' inp; dropped a faimjle of tkkets iii tho ■ house. He osplftin«d that be bad been given some tickets by $ friend, and had been asked- to deliver them to one place. He did not .kfto-W whe* ther the tickets produced wero the results of a drawing or mot. Decision was,reserved fln bestli «tnmts. i INSPECTOR BUST. , The' Inspector o{ Awsrds (Mr. E. T; Bailey) proceeded, against- a nunibw of defendants, and obtained a aomtaal penalty in each case. Barraud and Co., for {ailing t<> close their premises at 8 p.m., were convicted and ordered to pay 7s. costs. Cliristopher liirke, aft assistafit in a restaurant, was fined Is., with 7s. eost% for failing ,, to enter his name in a Iwliday book. .' .. .'■'." R. D. Hanlon and Dunfear Sioano were.each ordered to pay ?s. costs for failing to close- their premises at 8 p.m. ' ■ ■ . ■ 'Emily Maxwell,-.the oceupi-ef of a t«stn'u'rant, was eb'afged on two coiiijts, with failing to allow''ah assistant a half-holiday from 2 o-'clook on some working day,, and with working an , assistant in excess of ten hours en oiie day., A cbnvictiqn was entered in both cases,, and' defendant ordered to pay 14s. costs'. / Margaret O'NefJ's was fined •%., wftb 7s; costs, on a charge tliatj. being tlie licensee of a hotel, slw Worked certain employees, in excess of teii hours a day. SingKee and Co., for failinj; to closo their premises at 1 p.m. on February' 4, were finer] os., with 7s. costs.. " ' Yee Wah Co., fer selling cigarettes and tobacco after 8 p.m. on cort-aia davs, were fined 35., with 7s. «>«ts. Young How Bros., for a sirnikr offence, were dealji with in the same banner. . H. Williams nnd John Malonev. for failing to. sifin their nsmos ia the holi-day-book, were oach fiucd. Is., wifh 7s, costs. . • . ■ . ' • ■ martindale' coekered. , Before Mr. E. U'.. Btirtoo, S.M., Henry Martindale Was charged thai, oil or'about December 5 S 1913, at ton, he did publish a certain document, which contained a notification on behalf of Scott and Mafiindafe, as.tn bot'tinn;

on horse races to , be foil at Weodville on December 10, 1913. .A plea, (if guilty was entered,. and accused fined £5, with £1 145., costs. ~ THEFT BY CONVEESIOK-, . 'An .elderly man named Michael Eember pleaded guilty- to'. having' receireti £2 from Henry .Arthur Bruce on terifis requiring him to pay the. same tt) V\m, Hedges, and witfi. having fraudulently omitted to do so. , Inspector Hendr.f sftid that aefmsed was a carter in. ths employ- of. Sir. Hedges.. He.was sent to a. customor to collect £2. . This sum ho failed to account for. Ho. Iwd a good charnth ter previously, and. this- ■ was his first offence. Accused was flnfed 405., in defaultseven days' imprisonment, alt-d ordered to refund tho money stolen.

BY-LAWS BROKEN. Charles .Bcthcll, for allowiftg two horses to wander on.Stain , Boad, M«rnington, was fihbd 55., ivith 7s- costs. James Flanagan, for allowing a cow to be at larpo in Wright Street was fined 55., with 7s. costs. ■ • Wm. Fogden, for allowing throe. horses to wander in BuoWej , Street, was fined 55.; with 7s. costs. Wm. Sta'nden, for ailovfiijg a horse to wander in Main Boad, Klomington, wns°convictod, and ortee.il'to'pay 7s. costs. ■ •■' : Patrick Shivnan, for allowing a tiorso to wander in Orangi Kaapapa Iteatj, was convicted and ordered to pa}' 7s. costs.' Gcorpo : Smith, for allowing 'a hor.w to wander in Karops- Street, was fined us., witli "s. costs. Frank Richard Prorec, for sinokin'ij* in an auction marl , , occupied b,v Griffiths and Co., was convicted and ordered, to pay 7a.' coste.i .

George Haydqn, for leaving a rchicfe in Victoria Street, was fined Is. MISCELLANEOUS. .Reserved ■ judgment was given in an. application for an affiliation' order against Frederick Thoitm Bould. Defendant was adjudged the putative father of complainant's ohild, and ordered to pay 6s.' per week towards maintenance, the first payment .to bo made on Matth 2. Defendant was also ofderod to pay- £10 for past maintenance, and £4 3s. costs.. Four first • offenders were convicted and discharged for drunkenness. Patrick Miaogue and Andrew Bmibar Slotfiie, for breaches <sf the Births a.nd Deaths Registration Act, 1908, were each fined os. r with 7s. costs.