MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2572, 21 September 1915, Page 9

MAGISTRATE'S COURT

ALLEGED OFFENSIVE LETTERg A married woman named Annie Rudd appeared beforo Mr. D. G. A. Cooper, S.AI., in tho Magistrate's Court yesterday charged (I) on August IS, sending a postal packet to tho Minister' of Justice ivith words of a grossly offensive character thereon: (2) on' March 24, a similar chargo in respect to tho Commissioner of Police; (3) on August another charge in respect t-o tlio Superintendent ol : Police; (4) on September 2, a like charge in rcspect to tho Minister of Justice.

Mr. A. Gray, li.G., appeared for tho prosecutor, Thomas Honry Price, and Mr. E. G. Jellicoo for the defendant. , . ' - ' ■

In opening the oaso for tho prosecution oil the first- charge, Mr. Grav said tho • informations had beon laid under the Post and Telegraph Act. Tho letters in question had been written by defendant to. the various officials, of tho Justice Department, and were dated froni Mr. lludd's residence at Ivilbirnie. Thoy contained charges or allegations against informant, who was a-constable stationed at. Kilhirnie. Tlio contents of tihe letters were untrue, and most offensive!.

Following tho introduction, there, was an argument ,75 .to whether the evidence of tho secretary of the of Justice be called or taken for grantod. .Eventually counsel for the defence admitted that the letters produced in court had been received by the Minister,, while counsel for tho proseoution admitted tifaat tlio Minister ot Justice was the proper authority to receive and deal with" letters of complaint in respect to police officials../. . Constable Price,' the informant, said in his evidence that .he had been stationed at Kilbirnio for six years, and had been in the force for 21 years/ Witness knew Mrs. Rudd, who was the wife of a fruit hawker. 111 his 'official capacity witness, in.company with Constable Smith, paid 0, visit oil'her to serve a notification to pay a . fine. Previous visits had been made in January, March, and August, regarding services of summonses and official' complaints to make. Witness had read tho lotters produced and the statements in thorn were absolutely untrue.

To Mr. Jellicoo: Witness kid tlio present information, in his private capacity.

Superintendent Ellison gave evidence as to the various letters received. These were, in witness's opinion, slanderous. Constable Price' had been called .upon to give explanations for the letters received. while they had been the subject of reports. , ' Witness was subjected to a lengthy cross-examination by Sir. Jellicoo as to the various letters- received by his Department.

This concluded the evidence for the prosecution.

Mr. .Tellicoe said that before -dealing witn the legal_ aspect of the caso lie would deal with the facts. It was admitted tlwit tho Minister of Justice received a letter, but thero was absolutely no evidence to show defendant had .written or. posted tho letter. Even were these facts proved the cvidonce showed that after tho letter was received by the Minister a letter was > written to defendant informing her that inquiries would be made into her complaints. No mention was mado in this letter as to defendant's letter being grossly offensive. Counsel wont on to deal with the legal aspects of the case, submitting that the section of tho Act under which tho informations had been laid ■ referred to words written on an euvelopo and not in an enclosure. In reply, Mr. Gray said that Mrs. ltudd bad been proved the .writer of the letter, by the fact that counsol for the defence had admitted during tho case that another letter signed b.v defendant and similar to tho other letter in question had been written by defendant. Dealing with Mr. Jeliicoe's submission that section under which tho information had been kid referred only'to envelopes, not enclosures, counsel said that a letter must include both enclosure and the envolope, and if cither contained offensive matter then the sender was liable.

The Magistrate reserved liis decision and the other cha-rgca were adjourned sine die. . OTHER. CASES. ( William Gamer and Thomas. Jackson Smith, two men who had been discovered in tho Empire Hotel oil Saturday evening in the upstairs portion of the building, ivcre charged- wiili attempted theft, and were remanded to Wednesday. .. ' Two men, James Oliver Armstrong and Rudolph Allan", were charged with the theft of a case of oranges valued at 225. fid., the property of All Chang: Both accused strenuously denied the charge. Allan was acquitted, but Armstrong, who had 66 previous convictions against him, was .sentenced to two months' imprisonment. A remand to Wednesday next was granted in the case of Frederick George Thurston, charged with assaulting Charles Edmond Rotherham so as to cnuse him actual bodily harm. Bail was fixed at £100. For insobriety, George Anderson Miliar was lined '10s., in. default seven days' imprisonment, John, H.vdo and ..Daniel Pitx,patrick each lined 205., or three days'..imprisonment, Annie Mur..jjjwkj, Joseph wad JVMkm,

Aubrey Bourne, eacli fined 10s., or 48 hours.

The case against Charles Henderson, chnrgod with disobeying a. maintenance order in respect' to his children, was after a partial hearing adjourned for a week. Henderson, who was represented by Mr. P. W. Jackson, applied for a variation of tho order find a.remission of tho arrears, £58 os.

Leila Blackett made an application against her husband, Arthur Blackett, jun., for maintenance,' separation, and guardianship orders. Mr. 11. H. Webb appeared, for complainant. An order \vas made that defendant pay,to complainant • 255-. per week, anil £1 Is. costs.

. A shopkeeper named Mary Curry was convicted and discharged on a chargo of Sunday trading.