MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2360, 16 January 1915, Page 9

MAGISTRATE'S COURT

, GROSS CRUELTY UNFORTUNATE LITTLE BOY 'X great many cases were set down for hearing in tho Magistrate's Court yesterday, and the . sitting oxt-ended until late in the afternoon. A number of cases-had then to be set down for later dates. Mr. D. G. A. Cooper, S.M., was on the Bench. "A glaring case of gross cruelty"— the Magistrate's description of the affair—was preferred' against a married woman named Millicent Helena Thomson. The information stated that on December 6, having control of Robert Hepburn, 10 years of ago, sho ill-treated the said Robert Hepburn. •Mr. R. B. Williams, who appeared for the accused, entered a plea of guilty, and asked leave to place certain evidence before the Court. He called Dr. Elizabeth Platts-Mills, who stated that she had attended Mrs. Thomson continuously for two years. The woman was suffering from severe heart disease and nervous prostrations. Twice' she had been on tho point of death. She was 62 years of age, at a critical stage of life,' and during sudden outbursts of temper was irresponsible. She had no children of her own, was ignorant of the ways of cMldren,. and should never have been given charge of this boy. .Inspector Hendry informed His Wor. ship that the accused lived witli her husband at Seatoun. In May last she answered- an advertisement in a newspaper and took the boy from a receiving home with the intention of adopting bira. The necessary formalities were never completed, but the boy remained in her care. For tho first two months he was well enough treated, but ever since •he had leen made to do work which was heavy enough for an adult. On one occasion he bad to wheel a load of bricks in a barrow _ and then knock the mortar off the brioks. It was a pathetio story. The little fellow had never been allowed to mix with other children or to play with a boy chum. He had to walk a mile and a half to school, was not allowed to take bis lunch, and had been accused of stealing food'becauae he was hungry. The trouble came, to light when he stole a little knife and gave it to a friend. Boy-like he was afraid to tell the truth, and was severely beaten.'. For th? same offence ho was again beaten, while stripped and tied to a tap in somo part of the house. That day he had no breakfast and no dinner, and as a result of his punishment he could not bear to wear his shirt on his bruised back. He was made to sleep' for two nights on a bare canvas placed on the floor, and finally he ran away and came. into the hands of the police. Dr.. Stout, who subsequently examined him, certified that his injuries were the result of excessive cruelty, and that he was very much under-nourished. The husband of the accused was a. respectable man and had done what 'he could for. the .boy, but had evidently not asserted his authority in tho way he should have done.

The Magistrate remarked that it was a difficult case to deal with, but such gross cruelty could not be treated lightly. The poor unfortunate little fellow had been in the hands of this woman and was unable to protect himself. Had the treatment gone on much longer there was no knowing what- would have occurred. Accused was liable to a hue of £50 or three months' imprisonment, but he would not impose the.full penalty, as '.the parties • were in poor circumstances. Accused would bo fined £10 with £1 3s'. coßts and £2 2s. doctor's expenses, in default to undergo two months' imprisonment,. and she would be allowed 14 day s in which to' find this money.

FATHER AND CHILD ASSAULTED. A Norwegian named Andrew Running, who'bad been arrested on Thursday afternoon was charged with assaulting Percival Thomas Flint, and further with assaulting Ralph Pearson Flint. Mr. P. W. Jackson appeared for the accused, who pleaded not guilty to both charges. According to the evidence called by Inspector Hendroy, the acoused, Andrew Running, had for the past seven months been- renting _a furnished room at the house of Percival Thomas Flint in Mulgrave Street. On Wednesday last Flint gave the accused notice to quit by the following day. Subsequently an objectionable note was placed under the door of Mr. and Mrs. Flint's room, and this caused tho former to remonstrate with Running, who was again told to quit. Flint was then attacked by Running, who appeared likely to choke Flint, when Mrs-. Flint interposed and threatened Running with an axe. At the time Mrs.' Flint was carrying her infant son in her arms, and Running 6truck the infant on the face. The police were, sent for. Giving evidence on his own. behalf, Running denied that he had committed any assault. The Magistrate considered that on the evidence Running must be convicted and a fine of £3 was imposed in each case, the sum of 30s. to'he allowed to the infant. Default was fixed at one month's imprisonment, and the accused was allowed 14 days in which to find the money. i A YOUNG WOMAN FORGETS. Three charges were preferred against Casper Stringer, who was represented by Mr. H. F. O'Leary. On Monday last a, young woman, named Marion Maitland, gave Stringer in charge for allegedly using obscene language, and on the way to the police station tho accused resisted the constable, and when taunted by Marion Maitland, he spat in her face. When the case was called on yesterday, the woman declared she remembered nothing of tho language, and could not say why she i had given Stringer in charge. The information was therefore dismissed, but Inspector Hendry had witnessed the man resisting the police, and had also seen him spit in the.faco of the, young woman, who was' therefore deemed in law to navo been assaulted. Stringer bad entered pleas of not guilty, but his counsol did not defend the two latter charges, and fines of £1 were imposed in each case. OPEN ON ELECTION DAY. A Chinese shopkeeper, named Ngan Chang, whoso place of business is Julbirnio; was oharged with keeping his premises open on the afternoon of election day. Mr. V. R, Meredith appeared for the accused, and entered a plea of guilty, explaining that Ngan Chang did not properly understand the law, and had closed on Wednesday, the usual balf-day. Although warned by tho inspector on .election day that he was breaking tho law, he did not grasp the. real position. The Magistrate imposed a fine of £5, with Court costs 7s. Keo Chotig, for whom Mr. V. R. Meredith also appeared, entored a plea of guilty to-a similar charge, and was penalised in like. manner.

No appearance was made by Sing On Kob, who had also kept his business premises open on election day. In this casa the Magistrate imposed a fine of £7, with Court costs 7s. HOHSE ILL-TREATED. Fleas of guilty were entered by Ernest Bray and Stephen Bray ; who were charged with cruelly ill-treating a horse by flogging it with a whip. After hearing the facts, the Magistrate said it was a thousand pities that a young horso should havo fallen into tho hands of the accused. Each was fined £3, tho Court costs, and witnesses' expenses in the two cases, totalling £1 I4s. Default was fixed at one month's imprisonment. An application for time

to find the money caused the Magistrate to remark that ho was reluctant to grant time, but eventually lie allowed each accuscd one week. BY-LAW CASES. Mr. E. M. Beechey appeared for the Wellington City Corporation in a number of By-Law cases. Fines of 10s., with costs 75., were imposed on two young men for throwing a bottle out of a window to tho danger of passers-by. Thomas Paracll, for failing to have tho regulation tail-light on Ins motor-car, was fined 10s. and costs 7s.

For leaving a motor-car unattended for more than five minutes, Alexander M'Neill Proctor was fined 6s. and Court costs 7s. Similar penalties were entered against the following for breaches of tho by-laws:—Michaol Andrews (represented by Mr. H. F. O'Leary), riding a bicycle after dark without if light; Charles Graham Alcorn, driving a motorcar without a tail light j William Curio, riding a'motor-cycle without a light; Charles Young, driving a motor-car without the regulation tail light; and Alfred Williams, riding a bicylo in Buckle Street without a light. An information against Samuel George Fuller charged him with being the owner of a terrier dog which attacked F. W. Moore. The injury inflicted on the informant was not serious, and as the dog had since been disposed of the Magistrate considered that the ends of justice would be met by recording a conviction and ordering the defendant to pay Court costs and witness's expenses, totalling 19s. As the owner of a bull which was found wandering in Wilton Roadj Charles William Bayliss was fined 10s. and ordered to pay Court costs 9s. and witness's expenses 4s. John Hamilton was convicted of three charges of allowing cattle to be at large in tho locality known as Tho Parade, and the Magistrate imposed fines and ordered the defendant to pay costs and witness's expenses, amounting in the aggregate to £2. Eric Picton, who had impeded the pedestrian traffic in Vivian Street by allowing a cart to stand on the footway, was fined os. and Court costs 7s. OTHER BUSINESS.

Ninoty-seven previous convictions had been recorded against an old man named Norman Campbell, when he appeared in Court yesterday morning charged: (1) With insobriety; (2) with breach of a prohibition order; and (3) with using obscene language. A plea of guilty was entered by the accused to all charges, and as he had been before, the Court for insobriety on six occasions within the past sis months, the Magistrate sent him to gaol for two months without the'option of a fine. For breach of the prohibition order a fine of £1 was imposed, with Court costs 75., the default being seven days' imprisonment, while for using the language referred to Campbell was fined £3, with the alternative of one month's imprisonment. James M'Sweeney, who had been found drunk by a constable, was making his fifth appearance in the Court during the present month. He pleaded guilty, and was fined £3, in default to undergo one month's imprisonment... John Sullivan and Thomas William King, charged with drunkenness) were fined 10s. eaoh, the alternative being 48 hours' imprisonment in each case. Three first-offend-ing inebriates were convicted and discharged Frank Lee, who had been arrested after ho had signed on a steamer for a trip to Melbourne, was charged with failing to make adequate provision for the maintenance, of nis wifo. He was brdered to contribute the sum of 15s. per week towards her support, Defendants charged with keeping their premises open on Sunday, December 27, for the purpose of doing business were fined as follow: —Neil Austin, £1 and Court costs 75.; Julia Callaghan, £1 and Court costs 75.; John Turner, ss. and-Court costs 75.; Violet Duffy, 55., without costs. Failure to make the necessary-statu-tory entry of a transaction in her business books caused a second-hand dealer named Margaret Russell to appear before the Magistrate. She pleaded guilty to the omission and was fined 55., with Court costs 7s.

Thomas Stevens, a" young man with a prohibition order against him, pleaded not guilty to a charge of using insulting language in Molesworth Street on December 16 last. The evidence was, however, quite against him, and he was fined £1 and ordered to pay Court costß 155., and witnesses' expenses £1 13s. Default was fixed at three days' imprisonment. Hearing of the charge against Patrick Callaghan of disturbing a political meeting at the Mission Hall, Tory Street, on December 4 last, was furthor adjourned until Thursday nest at 11 a.m. Mr. J. J. M'Grath appeared for the defendant.