MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2293, 29 October 1914, Page 9

MAGISTRATE'S COURT

A SERIOUS CHARGE INSURANCE MANAGER COM- ., MITTED FOR TRIAL A' charge of a'"6erious""nature w was' preferred' against Herbert Charlee Stoddart.in the Magistrate's Court yesterday in that on October 21 last he did wilfully commit an- indecent act in a house at 36 M'Donald Crescent, thereby intending to offend certain females. Mr: D.-G. A. Cooper, S.M., was on the bench. Chief Detective Broberg appeared for the prosecution, and Mr. T. M. Wilford for accused. Evidence was given by a widow residing in the neighbourhood, to' the effect that she had been called by a noighbour to a house adjoining the untenanted premises of 36'M'Donald Crescent, and had , seen through an open window a.man behaving indecently. She could not see his face distinctly, but later at the Manners Street police station she picked the accused from a number of men as the man whom she thought she had seen. The man she saw through the window was well dressing had a -round face, and fair moustache. Mr. Wilford said ho had only one question to ask the witness, and that was: Remembering the seriousness of the charge and accused's position, could she swear positively accused was the man whom she saw through the window? The witness replied that she did not really -get a. good enough view of tho man. The second witness, a married woman residing in the vicinity, said she also, witnessed through an open window a man behaving indecently in a room at 36 M'Douald Crescent. "He exposed himself in a most deliberate way," she Baid. When witness went to the Manners Street police station she picked out accused from other men as "having every appearance of being the man she- saw through the window. Witness had not seen the face very distinctly. "I could not swear to the man's face.

[ said that at the beginning," replied witness in answer to e question by Mr. Wilfcrd. ...■•' . A married woman residing with the previous witness said that she had seen a.nia,n through an open window acting indecently in 36'M'Donald Crescent. He waved his hand and smiled to her. There was not the slightest doubt that the man she picked out at'the Manners Street police station was the man she saw at the window. Detective Cameron said that in response to information received he went to 36 M'Donald Crescent, and after waiting there two minutes accused came down the steps of the house. He walked down the street smartly, and boarded a tramcar. 'Later witness, charged him with the offence and , arrested him. In reply tea question asked by witness as to what he (aooused) was doing in the house he-made a statement. In this accused said he was a married man and manager of tho British Dominions Insurance Company, and had como ont from England in 1913. On the day in question he went to the house to examine it in reference to insurance. Feeding very warm, he had taken off his coat and fanned himself. Ho had examined the house and left Ho denied having behaved improperly in tho house. To Mr. Wilford: There was no proof that there was no one else in tho house when witness followed accused from it.

Charlotte Mouat, residing at 28 Majoribanks Street, said that on October 2] accused came to her house and asked for the key to see the house, which her husband owned. He did not mention anything about insurance. There wero throo keys to tho house witness had, and Harcourt and Co. (the agents) tho other. James Harper Mouat, husband of the previous witness, said the house was insured in the National OfGce. Accused had never approached witness about insurance-' in respect to the house. Witness .visited tho house on the afternoon of October 21, and there was no-oyi-dence of anyone paving entered the house other than by the door. A cierk in Harcourt and Co.'s stated that the duplicate key of the house had not been handed out on October 21. This concluded the evidence. A plea of not guilty was entered, and accused was committed to the Supreme Court for trial. The defence was reserved.

Mr. '.Wilford asked that tlie bail remain the Bamo A at £50. After a short

discussion the Magistrate said the bail would have to be £100, with two sureties of £50 eacli. OTHER CASES. ."' The-' hearing of the caso against Alfred Wm. Yarlett, cliarued with the theft of seven dozen. cornsacks, valued at £2 25., from Edward Andrews, was mmtimied Tiefore Mr. D. 6. A. Cooper, S.M., yesterday afternoon. Mr. P. W. Jackson appeared for the accused, who pleaded not guilty. After hearing considerable evidence, the Magistrate convicted accused, and ordered him to pay costs, £2 los. 6d., refund the value of the sacks, £2 25., and imposed a fine of £1, in default 14 days' gaol. A month was allowed in which to find the money. For drunkenness, Florence Emeny, an old offender, was fined 40s'., or one month's gaol, and a prohibition order taken out against her for 12 months. Similar treatment was meted out to John M'Kinnon. The following were also fined for drunkenness:—Patrick Ruddy, Joshua Beard, James and M. Michael each fined £1, or three days; Alfred Patterson,' William Ellis Stubbs, and Alfred Tattle, 10s., or 48 hours. Robert Henry was remanded to November 4 for medical treatment. Three first offenders were dealt with v RESULT OF AN ARGUMENT. Three facts had a very important bearing on tho ultimate result of an argument entered into by Thomas Maloney, Patrick M'Glynn, and Andrew Davidson, in Cuba Street, .on Tuesday last. Fact one was that the subject for debate was "tho volunteers of Ireland" ; fact two was that one of the (lebaterß was Englishman, the other North of Ireland, and the third South of Ireland; aiid fact three was that each of the trio had been drinking, and rather heavily at that. These facts, as can be easily seen, were not conducive

to harmonious relations. The argument waxed- ■ fiercer and fiercer, . then the contestants, abandoned words, and re&orted to an active demonstration of ■ tho volunteering service. Others arrived on the scene, and with these a constable, who secured tho three named, and after some difficulty marched them off to the lockup. In court yesterday morning Davidson admitted the breach of tho peace, but Maloney and M'Glynn took the role of peacemaker—injured ones at tliat. "1 just came out of the pub," said M'Glynn, "when someone came and 'hopped , me in the eye.'" Maloney had quite a lot to ;ay. "I was in the pub," he told the Magistrate, . "and a mate says to me, 'Don't go out, you'll get pinched.' I comes out aiid a bystander 'e lashes out at mo. Then up conies a 'copper,' puts tho 'andcuffs on me, and .1 walks down the street as sober as a judge." The Magistrate treated each of the trio to the same penalty, 10s., or 48 hours' gaol.