MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2588, 9 October 1915, Page 14

MAGISTRATE'S COURT

SERIOUS ASSAULT

WHAT ACCUSED'S COUNSEL SAYS Among the cases which came before Mr. D. G. A. Cooper, S.M., in the Magistrate's Court yesterday morning was one in which Madge Cardno. aged seventeen years, was chargcd witli having assaulted George Clark on Thursday evening so as to cause him actual bodily harm. Sub-Inspector M'Kinnon, in asking that ! the accused should be remanded until Wednesday next, stated that Clark was in the Hospital suffering from a wound apparently inflicted with a hatpin. .' Mr. H. F. O'Leary, who appeared fori accused, did not oppose the remand, but suggested that light bail should be fixed. ' The parents of the girl were poor, and . could not find heavy bail. Counsel's instructions were that the atleged assault was in actual,fact a defence against an attempted criminal assault.': ■ The Magistrate. granted the remand asked for by. the police, and fixed bail at £50. : , CRUELTY TO A lIORSE. • 'A charge of cruelly ill-treating a horse was preferred against C. Bailey by the Inspector for ;th6 Society for tiie Prevention of Cruelty to Animals. Mr. R. H.> Webb appeared for tlie society, while Mr. A. H. Hindmarsh appeared for Bailey and entered a plea of not. guilty. • It appeared that on June 26, the society's inspector (Captain James Henry) visited a stable in Penrose Avenuo,"Wellington South,'' and saw there a s horse belonging to C. Bailey, carrier. >; The horse was' so weak that'it was. unable to stand up, and, on making inquiry,; Captain Henry learned that Bailey had ' not • been near the ! stable 'to attend to the animal for five days, 'nor had ho tnado. any arrangements to water and feed it. The horse was destroyed by: order of a Justice of the iPeace. On June 1 Bailey had been warned' as to the condition of the animal. ' , Mr. Hindmarsh called no evidence for the defence,'but stated that Bailey was in a desperate state of poverty' at the time, and much worried. ' Counsel asked that a light fine only should be imposed. • ' '-y. ■ ; The Magistrate isaid he would take 'these matters into consideration, : and would make the fine £3 only. : Costs and expenses increased the total amount of : the penalty to £4 12s. 6d. ~ 'i '; FINED FOR ASSAULT. . Geo. Albert M'NichoU,'.. represented by Mr. "W. Perry, pleaded not guilty to a charge of theft' of money and jewellery, valued at £9. The property had been stolen from the Thistle'lnn Hotel, but:the. Magistrate' was ' iiot prepared to -convict on the evidence tendered," and the information was _ dismissed. M'Niclioll, however, had. previously been convicted of assault, and'remanded for sentence, and on this charge he was fined 40s;, the alternative being seven days' imprisonment. DISMISSED AS TRIVIAL 'Arising out- of'a domestic squabble in an apartment house in South Kilbirnie on October 3, ■ Sarah Goodin charged Thomas - Johanassen with common assault'. Mr. P. W.: Jackson appeared for the informant, while. Mr.. H. i 'P.' O'Leary appeared for' 'the' 1 defendant,': who was connected by marriage with the informant. t . Without calling on the defence, the Magistrate dismissed the information as trivial,-and: allowed the defendant' £1 Is. solicitor's fee. IDLE AND DISORDERLY. • '.'Edward Joy pleaded 1 guilty. to a. charge of being ah idle and disorderly person. He . was sentenced to a month's imprisonment, the Magistrate directing that he should be mentally examined by tfe gaoUsurgcon. . . 'ALLEGED .THEFT. ' ,'An old woman, named Elizabeth Russell, . appeared to answer'a charge ;of theft of a dress," valued at £4, but she was not in a fit condition for the case to be proceeded with, and t on the application of the police sub-inspector, she was remanded foe., a week for curative treatment. , INSOBRIETY. Andrew Reid, who "pleaded guilty to a charge of drunkenness, was fined 10s., in default to undergo fortjvoight hours' imprisonment. : Eight first-offenders were also dealt with. ■ BY-LAWS BROKEN. . Breaches of the city by-laws were responsible for the appearance of several defendants before the Magistrate. For neglecting to, chain the wheels of vehicles left unattended in" public streets, the following persons, were penalised Magnus Jlouat, lOs.y . Frank Staveley, 10s.; Alfred Wilton, 10s.; and William Taylor, ss. In all four cases an additional penalty of 7s. was imposed to cover Court costs. ' For, allowing stock to wander, defendants were convicted and fined as follow:—John Fyfe, 205., with costs 9s. and witness's expenses 4s. ; .Walter Hadley, 55., with costs 7s. John William Can- entered a plea of not'guilty to a charge of leaving a motor-bicycle in Manners Street, without having attached _ thereto a light sufficiently strong to indicate fhe presence of the motor-bicycle. After hearing the evidence, the Magistrate decided that a conviction must be recorded. A fine of 'ss. was imposed, with costs 13s. Henry Scaife'and Herbert Smith were fined ss. 'each, and in addition had to pay Court costs 75., for omitting to obtain registration marks for motorbicycles. A motor wagon, in charge of George Bamford, had recently been drawn up in Cuba, Street m sudh a . manner as to block the tram traffic, and on this account Bamford was yesterday fined 55., with costs 7s. : Two . Island Bay fishermen, Frank Bono and- Victor Russo, admitted having deposited fish offal on the beach in breach of Each was fined 10s., and ordered to pay Court costs IS. ' v . ... Whilo engaged in hawking on Lambton Quay, Georgo Cook declined to move on when requested to do so by a sergeant of police. For the refusal he was fined 55., and ordered to nav Court costs '7s. : ■ Ormond Hutchison, aged 19 years was charged with refusing to leave the platform of a tramcar wlien requested to dojso on July 7. For .this he was fined, os., and ordered to pay costs and expenses totalling £1 ss. Tho Magistrate dismissed an information winch further charged tho same defendant with smoking on a portion of a tramcar not sot aside for the purpose.