MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2263, 24 September 1914, Page 9

MAGISTRATE'S COURT

ALLEGED PERJURY " VINDICTIVE SPITE " ' An information, laid by Matthias Ellison,' in the' Magistrate's Court yes-; terday, charged William Daubney, a seafaring man, - with committing perjury at Wellington on August 7. Mr. P. B. Cooke appeared for the' informant, and Mr. P. H. Putmari for accused. Mr. D. G. A. Cooper, S.M., was on the bench. < "■■' . i. . , The perjury- alleged, against accused was said to have been committed in the case of Ellison v.,: Jones when accused' stated-that l 'W. Ritchie examined the launch on June 27 la& and tho -launch was brought oft .the slip of June 26," such statement, it was alleged, was intended to mislead the Court. ." .' - , -■"'., ' Matthias'Ellison, informant, also the, plaintiff in trie action in question, stated that tho launch had been placed on the; slip on June 25. On the following Monday, June 29, .the boat was still there, and it had not been taken oft Hi the meantime. As far "as- witness knew, Ritchie had not examined the boat: . To Mr. Putman: It was through.accused's evidence that witness had lost his case. He knew that the boat had not been examined/on, the.2<th', at the hearing of the case. Witness was not going to proceed against any other person for perjifry.- , < Henry John Sullivan, time-keeper for J. J. NivAi and Co., showed a trinebook, which bore an entry to the effect that the launch bad been inspected-on Noard, a labourer, said that the launch had been on.; the slip from Thursday, June 25, until Tuesday,, the 30th. . .; . ■'. ■', ■ .''•!.•-. At the conclusion of the evidence, Mr, Cooke submitted that the information should be dismissed' for obvious rea-, eons. A dissatisfied party in ; a dispute would always.allege that thoother side was- lyin". Accused's statements were not maliciously false. During the course of the-case, Mr. Cooke said that the case had been brought against his client purely out of vindictive"spite. :.',-.; The Magistrate dismissed the information, remarking. that lie was satisfied that no jury would convict defendant. ■ Costs were not allowed*

ASSAULT IN AN HOTEL BAR. William Leonard'appeared on remand charged with assaulting James Stephen-, son so as to cause, him actual bodily, harm, and with using obscene language. After hearing medical evidence as to the extent of Btephonson's'• injuries,, the Magistrate agreed tb' reduce the trst charge to one of ordinary assault. Air. P -W. Jackson, who appeared.on be'half of accused, thereupon\entered a pica of guilty to both ottences. 'There was a conflict of statements. as ,to the real facts of .the case as.from police and lawyer. . The, mam. facts.. were that accused had gone into an hotel bar, and through some, cause or other there were words which.led Stephenson to call accused. aiid. his mate; "thieves and bludgcrs." Accused thereupon seized a pint beer mug and hurled it at the barman. Tlie.glass shattered, 'itself on the barman's forehettQ. ine i-iiuries' received necessitated -the _ barman receiving the attention of a'doctor but he had now recovered.. Accused ha 4 used the language on, the-way to the police station.. - •■.■' <■■■■ . Mr. Jackson pleaded that accueedtwas very sorry tor his act; •,■'•.'■'"; ''• ', Li fining accused £3,wifth witnesses' expenses £>\ 95., or one.month on .the; charge of assaultj , remarked that it was a bit ol luck that accused was not before the: Court, on u graver charge. Accused'should learn to control his temper.- • For- using---the language accused was fined,£2 or one rwonth .-•' \ •■. -•;. : > : ; <; '; .

■'■ a youth's ;; ' ' Frederick "Joseph -Price, a ,yo : uth. who,. appeared on remand: charged with'the theft of an order oniJbtmston and Uj, for £15 Is.-, and a .cheque for £2,. both; the property of Joseph Lane, and who pleaded guilty to the. .same, had theindictable charge taken], against him ot forging an endorsement '!Lane order for the payment of £15 Is., drawn.-' on Johnston and Co., and uttered to Joseph Baucher. ..' ■. ■ . ■, Joseph'Laue said that he had given an order for tfaa payment of £15. Is. to accused to cash//'Accused had gone into J. BoucherV shop for. this .purpose' but witness had -never seen him again.' Witness had riot - -written , the endorsement "Lane,"-.as he was unable to write. ■-••;:■. •,•.■■ y Accused pleaded guilty to the forgery chatgef, and was -committed to tlie Supreme Court for sentence. • He was, remanded for sentence on the nrst charge until" the 'latter, has 'been dealt .with. ■ •. : •' ' , ■'■';' : -.'./'.' ' . '

'ORIENTAL BAY TRAGEDY.' ;'; William Amos Mullins again appeared on remand charged with the attempted murder of his wife, Eliza Johnson Mullins, and attempted suicide.. In asking for i further remand until Sejptem-.ber.'-'30,; Inspector Hendre.V explained that accused's wife probably would , not be-able to appear till next month.'. .

OTHER CASES,

John Ryan was remanded until September 30 on .the charge of receiving £25 in.money, and a silver watch valued at £2 10s;,' from . Jenny Lind, : well lcnowing tho same to have been dishon-. estly obtained. Mr. P: W; Jackson appeared for accused. Bail waa allowed in £50, and one surety of £25. '_" Harry John Baker, a fireman from one of the troopships, .was charged with the theft of a motor-bicycle from Charles Austin Radclitfe. Inspector H.endrey explained that accused- had stolen the bicycle from the power-house aiid had been apprehended when trying to remove it. Accused, was sentenced to seven days' imprisonment, and ordered to pay witnesses' expenses. Bs. j-- , Edward Evans was charged with .the theft- of a military overcoat and A riflo valued at £2, the property of the New Zealand Government. Accused was ordered to be handed over to the naval authorities of the troopship , Arawa to be dealt with. • ',_.., For drunkenness, Augusta Davidson was sent to Pakatoa Home, for twfilve. months; Minnio Brown, a prohibited person, to one month's imprisonment; and Florence Emeny and John Langfield Pegs were each fined 10s., or 48 hours. Ten first offenders were dealt with, one a Territorial, who was ordered to b& handed over to the military authorities. '