LAW REPORTS.

Dominion, Volume 7, Issue 1999, 5 March 1914, Page 9

LAW REPORTS.

| LOWEK COURT; THE DEEDS OF A BOGUS DOCTOR. HIS HOTEL BILL AND HIS "PAPER" AT THE CONGRESS, . In tho Magistrate's Court yesterday, Har.-y Lyime Hartog, whose. atrbitraJi to pass as'a mcdiEal man ef means had led him into trouble, pleaded not guilty to a charge of obtaining £16 from Samuel Gilmer by -nicaiis of false pretences. Accused w«s not represented by counsel. Eichard James Cortson, accountant at the Royal Oak. Hotel, stated that on January 23 last accused emtocd liis name at the hotel as Dr. H. L. Hartog. When he. left the hotel he paid in a ■eherjtre for £30 for board, amounting to £14, and was given £16 change-

Samuel Gilmer, .licensee of the hotel, stated that accused had stayed with him from January 23. ■ Accused had spoken to him about money matters prior_ to leaving the hotel," and had mentioned that he had a bank account iu Auckland. In consequence of q. telegram received from 'accused, after he left tho hotel, witness had withdrawn tho cheque, but after waiting, some days and receiving no word> ho directed that the cheque should be presented ab the bank. It was returned marked "no account.".

Arthur Gordon Henderson, cashier at the Hank of New Zealand:, stated that Jio had issued the cheque produced in court to H. L. Marfcog. Haftog had already had a draft ifi Wellington, and had stated that he .expected, another one in Auckland shortly. George Frederick Ahereram&ie, ledger- 1 keeper at the Bank, of New Zealand, Auckland, also gave evidence. Accused declined t-Q go into the wit-ness-box, but made a. statement to the effect that,, a. few days before he. felt Wellington, ho lia.fl asked, the Recuse* if he had any objection to-taking- a cheque in payments Just before leaving, lie asked the iicowSee to "hold -thro cheque, over tillMttnti'ayJ-' 'The licensee replied that he had 116 objection, and that, ho would hold it <H*ei longer if desired. When accused got to Aucklantl ho found that his draft had been delavcd, and he telegraphed urgently to Mr. Gilmer.

Detective Broberg then enlightened; the.Court as to- accused's eateer in the near and distant past. II appeared that Hartog had representee!: himself as a distinguished, doctor at ■C3iristcfHii-e.il in Januai7 last, and had stated that he was on his way to Auckland .to- fend a paper at tile Medical Congress. Whiio there ho had forced his company on members of the medical jirefession, but v.-hoii tlio time came to read, his paper ho was conveniently indisposed.- "He is not altogether unkn.fiwit to tlio porrco, !I continued Detective Broberg, who mentioned that in the Victoria Gazette three or four terms <if i-iupmo.iini-ent were recorded against him,

.A.sentence of two HtQii.ths'' inipriS'OH. mcht was " -.

'■•"'■■" BLOODLESS'i^.Q'UiS'T.BB.. John Dooley plainly realised the foolishness of his action in.huj-JUg a tQvoU ver and then following this: iip by the purchase of an over-largo-quantity (.!' .liquor, at the conohis'iojt "or the casn against liim at the Mag&Wtft's-CVittrt yesterday. Tho net result-of his. purchases seemed to. be-thatliefhad. tliVco .charges to answer—(l) bang driinky (2) assaulting Patrick ■J-ohiv/'Siurpby, <$. being an idlo and disorderly person in that ho was found by night « ; ith a-re-volver in his 'possession'.' The case had been remanded' fi-o.ni tho previous day, as Murphy, the- man whom it was alleged had beeii assaulted, was not considered' to bfi in a, ■state to give evidence. M-urpny did not an* pear, and .consequently Docfcrs version of tilings went- uncfeaUtingeuL It a.])*peared from the evidence that up- till recently Dooley had been ii steward 01 t'lio Warrimoo, but had left that ship with the. intention of going, to) a relation's in tho country, From liis ami statement; ''Dooley .seeri'ied to c-oitsido? that the back-blocks of '.j?Mv/ Zealand .were not safe without a rc-yolvei'. Jtle purchased his . at Mis,. Whitakct"'?. Hotels were next' visited. .Late iii the everting Murphy; wl.lo was' then' iii .search of supper, carho along and. greatly perturbed Dooley' by following Itirn. Dcoley's statement was that he. liaif-' pulled his revolver out of his., pocket tp-j frighten Murphy. MisrpKy's statement to the police had. been'that Dooley liad pointed the revolver at him, and had threatened to shoot. . Later Dooley w:is arrested in a tram, and the revolver was then found in'his possession. Mr. H. F. O'Loary, who ap.patesl for Dooley; expressed tlio <npini:<jii that 'hid client had good ground for -pulling out a revolver. when ho foimd a. mail like Murphy following him late at night. Moreover, as Murphy'was not present, tho charge of assault l'Mist' be dismissed.' His client's impression Was that a revolver was necessary. for -his safety in the "back-blocks, and .the fact that thin. revolver was not loaded when tlin arfest took place, were pieces of evidence that did not tend' to support tli-c charge- thftt ho was an idle and diswlwly person, ' 'The law; lays it. dow« that such weapon is to be forfeited," eontinucxl Mr. O'Leary. "Well, a$ far as Dooley is concerned, anyone may ha've it now. If it did not seem Mk<?' bribery, your Worship'might'have had it yourself as a memento of the famous encounter botweon Murphy and Dooley." Tho magistrate dbi»fe<;d the 'turn more serious charges. On tljjj count of insobriety, his Worship fined Doc-ley 10s. YOUiNG MAN'S LAPSg. A young man named Arthur Richards pleaded guilty to two charges—[l) stealing £1 is. od., the property of the Labour Depa-tmeilt; (2) stealing lis., the property of the Now &aland Government. Mr. P. S. K. MacasseJ, who eoiiductcd the prosecution, stated .that accused had been, employed for tteo years in tho Labour Department, and had been in chargo of tho Employment Bureau. In this capacity he had had to deal with applications by labourers for tickets for tho railways. The total amount which accused had omitted to account for was £92 95.. Gd., but, o)i the ether hand, full restitution had. been .wiade to the Department by accused. . M-r. M.ft* easscy added that the- Departments did iiot desire that a severe penalty shotiM bo imiwsed. Mr. T. Ncave, who appeared for accused, submitted that the case W &S hardly one of. theft, but of failing to account for money for which ho was responsible. There had been no attempt to alter or falsify the records. _ Defendant's duty had been to issue, tiffikot's, and put tho totals.on the counterfoil supplied by the Department, and :t subsequent scrutiny of tickets had shown that defendant had entered a faithful record in respect to each. In the case of Hid. charge relating to an amount of £1 7s. 5d., this was one of pure admission, and had occurred just before accused had left on holiday leave. Three, people* had made applications for tickets, and accused had omitted to account tor one fare. Accused was fined £0 on the first charge, with tho option of tweiity-oiw days' imprisonment. On the second

charge he was ordered to come up for sentence when called upiMi, FOREIGNER'S DOINGS Pohura Marama, a Native of North America., appeared to .aiisivi?r toy© charges, oiie of breaking and entering the bouse of John Faulkner, and stealliig.Bioncy and rings to the value of £7, and a second charge of committing than of a silver watch and 6s. Bd. in money from ■ Bartholomew Francis M'Elligoi. Laura Faulkner, residing with her husband, ■ at Pukcraa, stated that on the afternoon of February' 23 she left her house at tea minutes to two. She returned at about 5 ■o'clock, and then missed some rings. She also found that tho rooms had been ransacked, and money was raissing. Previous to going out- she had Jioticed aemised sitting outside lier house. Entrance to the house had been ■ effected bv a side window. . " John Faulkner, husband .of the previous Witness, also gave- evidence. Francis M'Elliget, telegraph linesman, stated that on 'February '23 he Trad been camping' at Paramatta*. He had left his tent, on the jfonday .morning in question., and' had afterwards met ac« eiise-d. When witness returned to" his tent ho had feuivd that' his watch and a sum of money were missing. Constable An-glui gave .evidence as to tjto attest, and as to finding some, of ■the mtessng property in the man's possession. .Joseph Jetvols, a porter in the employ of the Railway Department, corroborated the pfevtaos testimony. Awused pleaded guilty to both charges, and was committed to the Supremo Court for seytfenco. . . CHANGE OF ATTIRE. "I was. drunk at the time," pleaded Richard Henry Pcxton, charged with the theft of a varied'assortment of wearing apparel. From the statement of the police, aceilscd must, hfive been drunk, or gifted with ail exceptional amount of snvQi'r faire, for after beins refused fodsings in the house from which the tluii't was committedj be had gone upstairs, gathered together s-iieh garments as he 'thought appropriate, and calmiy ftescmiding had asked those below for something to wrap "his clothes" in. fl© was supplied 'with a Sugar sack* and trruwmbantly departed later with the spoils, His audacity outran his discretion, howc-rev, for lie wore tho stolen-attire a few days latc-i- and was then arrested, '■Accused was fined.£3,. in ifcfau.lt 21' day's' imprisonment. " HFITROAD FATALITY. Thomas. Sheehan was remanded to March 11 an the charge of being guilty of an omission wtth.&lit lawful.cicctise of observing', a legal duty, the said omission haying caused the death of Frank Revel], Mr. 0. Beera appeared for. Ac cuaed, and askal for bail. . ■ This wat, allowed in the sum of £t>o. ' Mr. C. W, Tanner,- on behalf of the Motor Cycling Clflhj.' inquired if he had any locus. standi in. witchMg thu easo in their, interest. ■ The ease Was a matter of great interest to. the motoy cyclists. His Worship replied that- Mr, Tanner probably had no 'netis standi, but ccfflkl watch the- case privately if bo so desired. ' ? WHARF MARTINET. ' Jnsepli Asluirst plea-d-pd guilty to a charge of assaulting W.ilfiajn Shapeott. : Inspector Moiidr-y explained that tlm iiiau assaulted-Was. a wti.ii'f •. laWncr. Accused had, pot been satisfied with tho mairito.r in Which ShajjcoW was' ihhvi his .worfej aftd had knocked Mm down, awl l asjasiltjpd I'iini. wlieii' lie' wfls/wi the ground'.'." ; . ' ■ • A fine of $3. was imposed, with the alternative of ,14' days' myWisonißciifc' ; . '*■ ■ ' .. ' ; ■ ■ l%ilira.'Henr.y,..Mcfr,v\v6ather-pleaded guilty 'te the theft of a 'siHrdeJ Valued ■ ftfc 25.-Sd... the property 'of Hope. Bros.' lie was itned'SOs. .••. For drnnkeWißss.vJolsn Douglas was committed to tli.es Boto 'tfoa tnebt'iates' [Homo forgone year. William 'Black,was declared an habitual dninkardj and wa-s : fined 401 A prohibition ofdm- was -w derod taken out a&ai-iist nth). One '■ first offender whs fai-lcd to appear on a charge of insobriety was -fined 10s..

SUPREME COURT.

THE CASB OF A STAMP MERCHANT In the Supreme Court yesterday, he-, fore Mr, • Justice Hosking, hearing- Was toiiilftuod pf the action in h-hidh. Alexander Brodie, stamp merchant, of Welliugteu, proceeded against tlte Stanley Stamp Oonipatiy (in. which company fi'harleS Hem'y Osmond, of Wcliiiiftton., Mid Alfred James !§to.no.-Wigg, 6.1- Opaki, ■both sheep-farmers, jy*fe partners) fat 1 rescission of «n agreement t*> purchase, . i Mr. C. B. M*uW. K..0., wtfh Mm Mr. G. Sanwt't; appeared for ■ JJfodje, * while Mr. V.' It. Meredith appeared. i'of tho defendants. . Particulars of ttws ststeisent of claim luid. of the de.fe.itce ..were published in .yesieiday's fssiie.' Evidence proceeded througiiout the day aftd had. »t Mneluded at 3'Ali p,n}., v/ken ijio further hearing was fixed tor Mond-iy next.

{ DIVORCE SITTINGS.

TWO UA'QPPOSEI) PBiTfIOISS. . \ Mr, Jfiistiesv Booking heard two ui\ , defended divurcc. eases yesterday worn-': i.«g. William Thomas Parsons 'petition' c.d for dissolution «f his- marriage wit-It Hannah Laura I*arsortss cm Whs ground of■ desertion. The parties were married '■ iii I!irmi,ngliaip in 3.597 and lived te- ' gather in that city until February, 1805, . When. Mrs.,. Pnfsons left • home. . Slus . has! sinee declined to return- ' Oil tk6 day. tl'iat.ste left honte,.a waft, who had been boai'difig t& petitioner's house, also left. There- wore three children, of the ;imn'i;.i.fs.!3—tiVro living with Sir*. Par-* . eoiis ift. England, and tlie. third. with petitioner's sister-in-law. CoTCobfira- ; titfe evidence having, been given Ws- to ilia doscrtioii, His Honour,ffi';itit«i a decree nisi to be moved n'-'so iiti- a-ftcr three months. Mr. 0,- N. fere ed for petitioner. The was iiot represented. Desertifiii was the ground on whiofr Celia .'lsabella Graut sought dissolution of her marriage with Wi.)liam v Kerr 'Grant. The parties -were married in j '1898 and lived together lot some tfitrtitfea | at Pembroko/rfßiXiiKleHt, at that time, t/eiiiis a Prpsbytcriftis clergyman.- Ho s'iihsec|-i)fißti,y worked as a etarlf and • afterwards a school teacher at Malultwi. He last tho last*najned position M if)o2 ' | and left, his i.vi'fo (then living with her i ..-wether)- in ordvr to seek *wffe. Since I that time ho had not contrihatod any- j ■thing, towards her support, pit tcivards t.liß support of the two eh'Hrjtt, A decree nisi was granted to be moved, a-bso* lute after three mouths, the p»,»i'-.irer to have iijtcriin - cttstocly s-f the eliiU dfen. Mr A. Fair appeared, fur the. I- -titionpor. . i

IIUTT S.M. COURT

A sitting of the Lower CaMrt waft held yes-te.riiay before Messrs, G. A. Char* man, J. Wilkin, and J. Cntlby.J.P.'s. 'G. A.. 'fhompSoii was fined Sos : and costs far p-raeeediiig to erect a building without obtaining a permit. . For execeding the motor- speed liniit througit tlio horoiigh, Jf. Ma : rtiiidak, ■ who Was represented by Mr. H. F. Ay* son, Was lined 205., and costs Its. fid. On eirarges of nlVniving sbiek tft wander, Albert Peck, Willhnti Strand, and Alexander Samilion-s were each fitted 10s., with ewirt costs 7s. For a fimUftr eiTpMo.C. .I.'Oiivccroiia was fni*d as.,; and costs 7s.