MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2432, 10 April 1915, Page 3

MAGISTRATE'S COURT

DISTURBANCE AT LAMBTON STATION ' MILITARY POLICE & DISCRETION. There were «raie unusual features about the case of John Thomson, a, member of tho Expeditionary Forces, who appeared beforo llr. G. Cruickshank in tin Magistrate's Court yesterday, charged (1) with committing a breach of the peace on the Thorndon Railway Station; (2) with resisting Constable Fahey; (3) with using obscene language. He pleaded not guilty, and was defended by Air. P. W. Jackson. The affair took place on tho railway platform on jtho evening of March 30, and it was alleged that accused was responsible for the disturbance. An eye-witness, Mr. Johnson, of Palmerston North, characterised the disturbance as a disgraceful one, but said that he was strongly of the opinion 'that the wrong man had been arrested. Tho witness said that he was leaving by . tho train just as accused was being marched off to the Police Station. He decided, in the interests of justice, [to telegraph to the Magistrate that he would volunteer as witness. Witness did not knowaccused, but considered it was an awful thing that a young man who had volunteered to serve his country should be wrongly arrested and impressed. Counsel for tho deience submitted that tho constable had exceeded his duty, had treated accused roughly, and expose'd him to great humiliation by marching him off to the Police Station in front of all the people gathered there, while all the time accused was innocent. The whole trouble was due in the first instance |to tho bungling of tho military police on the platform. Accused gave his story m tho box. He 6aid that the trouble originated through one of the military police officers endeavouring ito Tefuse him entrance on the platform, and trying to put him off. When arrested accused said ha had been treated roughly, but had never used the obscene language complained of. As a result of his being arrested ho would now be unable to visit his relatives in Auckland, while he had been confined in the "bird cage" from Wednesday to Saturday. The Magistrate remarked that the evidence in the case was very conflicting. The evidence of Mr, Johnson showed that the- military police had not used discretion, yet in spite of this, defendant should have obeyed the order he had received from the police. Accused had been punished enough already, and the informations would bo dismissed, SLY GROG-SELLING. Arthur Hy. Williams pleaded guilty to two charges of sly grog-selling on Sunday. Inspector Hendrey explained that accused had 6old a small bottle of whisky to Constable Barnes for Is. 6d., and in the evening of tho same day had sold to the same constable a larger tattle of whisky for 12s. Gd. This bottle had been found to be half water. "Accused was evidently making a fair profits oa the transaction," remarked Inspector Hendrey; "he had another flask in his pocket, and on the constable offering to buy it accused saitT: 'This is for mugs.' God knows what was in it," added the Inspector. The Magistrate Temarked that tho case was not so serious as that of keeping a sly grog-shop. Accused would be fined .£lO. in default three weeks' imprisonment on one charge, and conviqted and discharged on the other. A JOHNSONVILLE ASSAULT CASE. An argument between a, picture theatro prcprietor and an operator waa responsible for the appearance of Frank Thomas Moore, charged on the information of Clifford Ixiwry with assaulting ithe informant. Mr, P. AV. Jackson appeared for the informant, and Mr. Peacock for defendant. The prosecution alleged that as the result of a dispute over the wagee Moore hit Lowry over the eye. The defence obsolufcely denied the assault. After hearing the evidence of a number of witnesses, tho Magistrate said he was satisfied there had been an assault. It appeared to be a Tather trifling one, but he would adjourn the case until medical evidence was called. This might throw some light on the case. The case was accordingly adjourned till Monday. | BRAVADO OR SHOP-LIFTING? Last Saturday night John Coyle, while parading Manners Street, appropriated a pair of boots from Tracy's boot shop and a shirt from Ithe Union Clothing C\, and was later" arrested by a constable. Appearing on his behalf, Mr. V. R. Meredith, characterised accused's conduct as an act of bravado,'committed while ho was under the influence of liquor. Inspector Hendrey considered it was more a case of shop-lifting. As records showed that' accused s character was previously good, His Worship convicted Coyle on each charge, and ordered him to come up for sentence when called upon. BELLIGERENT TROOPERS. ' Two troopers who had fought their wav to the dock m a differeut fashion to that in which soldiers usually do had a num. ber of charges to answer. Frank Sowman was charged with assaulting a military policeman named John Quinn, with resisting James Willcocks, a police serwhile Alexander Uowden was charged with resisting Constable Gordino and assaulting Join Quinn, and using obscene language. The Magistrate treated them both alike, and imposed a fine on each, and convicted and discharged them on tho remaining charges. A NEWTOWN CASE. Mary Watson was, on tho application ot Mr. P. W- Jackson, remanded to Monday next on the charge of stealing 19s. 9d. from the shop of Joe Wah, in Newtown. Inspector Hendrey said thero was a possibility of the charge being made an indictable one. Bail was allowed in JE2O. "ONE GOOD TURN—" A young man named Laurie Hart, who while attempting to board a moving tramear was prevented by a constable, and in return used bad language, pleaded guilty to tho two charges. On tho charge of using obscene language he was fined .£5. or fourteen days' imprisonment, and on the charge of drunkenness he was convicted and discharged. HELPING HIMSELF. Michael Mylrea, who was observed by Constable Wilson with bis liands in the pockets of a drunken man, was charged with attempting to rob Tlion as Dick. Accused stated that he knew Dick, and that he was just feeling for a cigarette. The Magistrate disbelieved the 6tory, and sent accused to gaol for fourteen days. OTHER CASES. Lea Gilligan pleaded guilty to a chaTge of being idlo and disorderly in that he habitually consorted with reputed thieves. Mr. E. J. Fitzgibbon appeared on hin behalf, and entered a strong plea for lenienoy. Tho Magistrate took counsel's remarks into consideration, and convicted and ordered accused to ccme up for sentence when called upon. . , , Win, Matthews, a senman off the Rotorua, was sentenced to one month's imprisonment for deserting from that vessel. Kate Ryan, for whom Mr. 15 J. Fitzgibbon appeared, was remanded until today on a charge of drunkenness. For importuning, Emma Clark and Lonora Parker were each fined ill, or three days' gaol. For drunkenness, Timothy Donovan was sent to gaol for a month, while Harold Thomas and 'Michael Driscoli were each fined 10s„ or 48 hours' imprisonment. Three first offenders were dealt with. Henry Greenfield was fined J!l, with costs 7s„ for committing a breach of his prohibition order. DEFAULTING TERRITORIALS. A number of defaulting Territorials were dealt with as follows for failing to attend drill:—Otto Zorn, fined JGI. with >:osts 75.; Bert Ivirkland, Bertram Newell Weldon, Percy J. E. Smith, and Ifobort Ellice Ogden, fined 10s., with costs 75.; F. Murphy, fined ss„ with costs 7s. Frodk. Christcnsen. for whom Mr. E. J. Fitzfjlbbnu .ippMVtfl, was convicted and orittwdj/a com* UR ioi: witsaw whw^pail-,,

Ed upon, Thos. Bell was similarly treated. BY-LAW BREACHES. For committing breaches of the rehi. cular by-laws, fines were imposed aa mentioned on tlio following :—H, E. Edmund, Thomas Murray, Harold Brown and James ll'Gurk each fined £t, -with sosts 7s. Lionel Caaelberg was fined £1, with costs 75., for leaving a motor-car unattended, and was convicted and discharged for leaving his car after dark without a light. George Hansford was fined .£l, witl costs 75., for failing to place a light on a heap of btones lrft by him in Sydno Street, and on a further charge of placing the stones in the street was convicted and discharged. Harold Andrews was fined .£2, with costs 75., for leaving an unlighted cart in Taranaki Street after dark, and on a further charge of leaving a cart without a horse harnessed to it in the same street, was convicted and discharged. For allowing horses to wander, the fol- i lowing were penalised Cecil Graham, fined ill, with costs 75.; Horace Rudkin, fined Is., with costs 135.; James H. Henolds, fined 35., with costs 7s. AN AWARD CASE. The Inspector of Factories (Mr. W. Slaughter) proceeded against George Park in. that being tlie occupier of a shop he failed to close it at 7 p.m. on Saturday, March C. Mr. E. M. Sladden appeared for defendant. After hearing the evidence the Magistrate reserved his decision in the case. The defence was that goods had not been sold by defendant, but had been given away, while tho prosocution held that as long aa any of the public could gain entrance to the shop it was open.