MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2323, 3 December 1914, Page 3

MAGISTRATE'S COURT

/ SEAMEN IN COURT -. CHARGE OP WOUNDING '■■■ The hearing of the charge against the seaman Jack Dilh'more of wounding' Martin'Beharrie on board .the Ulimaroa on October 13 last, was continued hefore Mr. W.G. Rid'dell, S.M., in the .Magistrate's Court yesterday morning!' The case had been remanded on several occasions as Beharrie was in,"the Hospital, under treatment for the'wound alleged to have been inflicted by Dilliiuore. He was discharged from that institution yesterday. Mr. H. F. O'Leary appeared for'accused. ' '■ ; , Dr. Myers, house, surgeon of. the Wet lington Hospital, gave evidence as to the nature of. the wound. The bullet had been, recovered'. ; ■ ; .Martin Beharrie, fireman on the Ulimaroa, said that at about 9 p.m. on October 13 he went ashore with another fireman named Lynch to the Empire ''dive." On coming out they met Dillimore. Dilliraore proposed to go aboard the , vessel, and,they all went there together. Witness went into the foc'slo, leaving Lynch and Dillinroreoutside. As came outside Dillimoro had a revolver iu his hand, as though he were showing it off to Lynch. As witness, was returning into tho foc'slo he got shot in the buttock. If witness had not heard the report he would probably not have known what had happened, as he just felt a stinging sensation. Witness turned.round and said: "Dillirnore, you shot me in tho leg." Dillimoro laughed. Witness showed the wound to Dillimore, who said, "That's nothing; the bullet only slipped." Witness had the wound roughly attended to, and next' day a doctor attended him, and ordered his removal to tho Hospital. He had remained there until to-day, being treated for the wound. .Witness had previously seen accused with a revolver. Hβ would point it at the men on board and then fire it at the deck to frighten them. He had' seen Dillimore shoot at empty bottles,on hoard. -

To Mr. OlLeary, Detective Sergeant ■Hawk, who investigated the affair, said that h'is impression at thn timo was that it was more accidental than deliberate. This concluded the evidence, and Mr. O'Leary submitted that the caso was not one to go to the Supremo Court, as the ovidence showed conclusively that the affair .was accidental and not deliberate. Accused had been in gaol six weeks already, and had suffered' considerably, as he was in a terrible state phvsically. The Magistrate remarked that he did not think that a charge under Section 107 of the Crimes Act had heon substantiated, but tho prisbnor could be charged under Section"2o6, which, though it reduced the soriousness of tho offence, loft it iiidictabln. , Accused pleaded and was.

committed to the Supreme Court for trial; Hail was allowed in £50. OTHER CASES. ohargo of wearing a portion of a Territorial uniform without permission was preferred- against Georgo Albert .Shields. Shields was discovered in an inebriated condition wearing a trooper's overcoat, and was unable to give a satisfactory explanation of how ho became possessed of tho coat. A fine of £2, ju default l<l days' imprisonment, was imposed. On the charge of insobriety, .accused was convicted l and discharged. Julia Schultz was charged— (1) with being idle and disorderly in that she had no visible means of support; (2) tho theft of £7 from Norman Matheson; (3). being idle and disorderly, in that sho consorted with people of ill-fame. On charges 1 and 3 accused was sent to gaol for . three months, • and on tho charge of ; theft she was discharged as the Magistrate considered the evidence against her, though involving suspicion, was not conclusive enough to convict her. A youth named Frederick Edwin Hotheram pleaded guilty to the theft of £4 from William Summers. Inspector Hendrey said accused had been an inmate of an industrial institution, from which he had absconded. He had been employed by a storekeeper at Kilbirnie, and on October 29 had stolen the four pound notes from him. On Saturday 'the lad was arrested at Feilding, he having spent all the stolen money in the meanwhile.. The Magistrate ordered the accused to be sent" back to an industrial school. Bartholomew Mahoney was convicted and discharged for insobriety, and fined £1, in default three days imprisonment, on each' of two charges of committing breaches of hie prohibition order. ...