MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2271, 3 October 1914, Page 11

MAGISTRATE'S COURT

POLICE tASES

A SOMEWHAT COMPLICATED ■ BY-LAW. • ■ • A case- in'which sonie complications arose on account of the working of ;i Railways by-law was heard before Mr. D. G. A. Cooper, 1 S.M., in the Magistrate's Court yesterday. JohnSuuirt, a commercial traveller, resident at I'almorstoii North, was charged with travelling in a railway carriage between Wellington and Waikanae, without paying his fare or with intent to evade payment. Mr. E. P. Bunny appeared lor the. defendant, . who pleaded not ijuilty . Inspector Heudrey eaid that Smart was til possession of a season ticket for certain portions of \the-. railway service. On the occasion in question ho travelled on a. section not covered by his ticket;-.,. Approached by one. guard lie p'bowed his- sep.son ticket. When a sco ond guard came" along he objected to showing his_ ticket again. . Later an inspector discovered-that Jio was without a correct ticket. The information had originally read "without-paying hie faro and with intent to defraud." Mr.. Bunny said he wanted a clear interpretation of the information. As the information read, was it one or two charges? Mr. Cooper eaid that as the by-law read the word' "or" might bs a misprint. The information should, read as detailed in the by-law. The alteration from the weid "and" to "or" was accordingly made. The defence was that Smart had for years travelled with a season ticket, and that when changing over to 'the other line (on which his ticket was useless) he boarded the train as usual without ipiirdkaising a maid when asked for one presented his season ticket.. . The Magistrate remarked tlia-t thero was 3 not enough evidence of intent to defraud, and he would dismiss the- information. Defendant, however, had had a very "elcso shave." Inspector Hendroy then asked tlie Magistrate if ho would further amend the charge—which involved two offences —by striking out the words "or with intent to defraud." ' The"' Magistrate agreed to this, and thereupon Inspector Ilendrey submitted that defendant could bo convicted for travelling without first paying the proper faro. The Magistrate said he would convict and discharge defendant on this charge. Costs were not allowed, ap the Departriient had r.ot proved its. main case of intent to defraud. THEFT OF GAS FITTINGS. Gustave Henry Meyer was' charged with the' theft of a quantity of gas bracket fittings valued at £6 from Horace D. Baker. Mr. E. J. Fitegibbon appeared for the accused, who pleaded not guilty. The prosecution alleged that' Meyer had removed the fittings from a loft above the Kilbirnie Hall, of which he' was caretaker, and sold them to a second-hand dealer for 7s. 2d. Giving evidence for the defence, an export stated that such fittings-as those in court were used as "scrap." It was tho usual practice for workmen to take away such fittings if nothing was said about them.' Tho Magistrate, in entering a conviction, said ho would take into consideration Meyer's previous good character, and the fact that the fitting 3 had.evidently been removed some time, and order him to come up for sentence When called upon. 'Meyer wa-a further ordered to replaco tho fittings or pay their value; to refund 7s. 2d. to- the second-hand dealer, and to pay witnesses' expenses, 4s. TROUBLE ON THE KAIKOURA. • As a result of a disturbance-, on board, tho, Kaikoura whilo that vessel was at Auckland on September 7 last, Frederick Stanton, a fireman, proceeded against IT. M. Wood, second officer, for assault. After hearing evidence, the Magistrate ' dismissed tho information. ALLEGED BREACHES OF AAVARD. William Young, of Young's Private JToteJ, appeared to answer six alleged breaches of tho Shops and Offices Acr. Mo was charged with failing to pay three female assistants overtime, with employing tho assistants for more than • ten hours, .and with failing to notify tho inspector within 24 hours that ho had done so. Mi. A. H. Hindmarsh appeared for tho defendant. Two of tho employees called as witnessea stated that on "long days,',' once a week, they worked from G. 30 in tho worning till 10 at night, with only brief intervals for meals.' They had applied for overtime, but had been fusedAt thi3 stage tho case was .adjourned till next Friday. FOUR FORGERY~CHARGE3. Jamos Michael do Courcy, a young man, appeared to answer four charges

of forging • monoy-orricr telegrams for amounts totalling £14 10s. Chief-Detcc-tivo Broborg explained that there would probably bo a fifth chargo, and asked for a remand to October "9. Mr. H. F. O'Leory appeared on accused's behalf. Bail was allowed in £50, and two sureties of £25. '<&

THE COURTENAY PLACE ASSAULT. James Little again appeared on remand charged with assaulting a Chinaman in Couxtenay Place on September 17 last, so as to oause him actual bodily harm, and was further remanded till Wednesday next. Inspector Hendrey explained that the Chinaman was to be discharged from the Hospital yesterday and would bo able to appear next Wednesday. "A CONFIRMED VAGRANT." ' Robert Green ( who was connoted of being an incorrigible rogue some days ago, came up for sentence. Inspector Hendrey said that the. Hospital- and Charitable Aid authorities refused to tako Green in, as lie had been responsible for much trouble on previous oc casious. "The man is a confirmed vagrant, and I submit it would be a charity under presont circumstances to have him put in gaol," remarked the Inspector. Green was given twelve months' imprisonment. OTHER CASES! John Williamson and George Rees were charged with the theft or clothes valued at £6 10s. from George R. Rogers. The former pleaded not guilty, and tie latter asked to be tried by jury. Both were remanded. For using 'obscene language, Leonora Parker- was fined £2 or one month. "Drink has been my downfall," she oxclaimed, and asked that a prohibition order be taken out against her for twejve months. Her request was granted. For drunkenness, John Smith was fined 10s., or 48 hours, while Frank Mason, a young man-o'-war's man, was ordered to be handed over to the naval authorities. Seven first offenders wore dealt with. A prohibition order, valid for twelve months, was taken out against Lavina Beard, charged with excessive drinking. BY-LAW CASES.

Edward- Lowder Lees made no appearance on a charge of leaving a motorcar in Lambton Quay .at night without a light. Ho was fined 55., with costs 7s.

William Noedham was ordered to pay costs 7s. for allowing four horses to wander in Aitken Street.