MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2598, 21 October 1915, Page 9

MAGISTRATE'S COURT

ALLEGED ASSAULT HATPIN USED IN SELF-DEFENCE Mr. D. G. A. Cooper, S.M., presided at the sittings of the Magistrate's Court yesterday morning, when several indictable cases were on tlio list. One which occupicd a considerable time'was that in which Madge C'ardno, a. girl of seventeen years of age, ivas charged with assaulting George Clark so as to cause him actual bodily harm. The assault was alleged to have taken place in a room at tlie Hotel Cccil 011 tho night of October 7. Sub-Inspector Mackinnon conducted the .prosecution, while Mr. H. F. o'Lea.ry appeared for tho girl. The evidence for the prosecution was tendered by four witnesses, namely, Dr. G. B. Isdale, of tlio Wellington Hospital; George Clark, tho informant; Thomas E. Haslam, a day porter at the Hotel Cecil; and Sergeant AVade, of the Lambi'oii Quay Polico Station. It appeared that Sergeant Wacio was called to tho Hotel' Cecil between 9 and 10 o'clock on the night of October 7, arid there found the informant (George Clark), who was coughing up blood ill'a bedroom on the ground floor. Clark stated that lie had been stabbed with a hatpin' by the accused (Madge Cardno), and could give no reason for her action. He made a statement to Sergeant Wade, stating that tho girl Cardno had approached hini at the door of the hotel, that at her request ho had taken her into his bedroom, that lie procured lier a bottle of stout, and that, while lie was bending down to lace his boots, she, without provocation, stabbed liim with the hatpin. Sergeant Wade, liaving taken a statement from the accused, also sent Clark to the Hospital, and arrested the accused. Clark arrived at tho Hospital at 11.30 p.m., and was found to be suffering from alcoliolism and shock, and had two pin-point wounds on the chest under the left collar-bone. He was discharged 011 Tuesday, and appeared in Court as principal witness in the case yesterday. After his evidon«e-in-chief had beezi given 011 the lines of liis previous statement, he was submitted to a .searching cross-examination by Mr. O'Leary. In answer to different questions, he denied that he had taken the girl Cardno into his bedroom under the pretence that it was a sitting-room, where she could wait for her friend (a man named Evans). He (Clark) admitted having previously had a, woman in the room. He also admitted having shown the girl Cardno a loaded revolver, but dcuied having shown her a syringe, and denied that she had called for assistance, or thufc ho had indecently assaulted lier. Had she called out, her cries would have been heard. This opinion was not- shared by the witness Haslam, who declared that the room was in a particularly quiet' part of tho house. For the defence, Mr. O'Leary first called the accused, who stated- that Clark had met hor at t'lie hotel when she went to meet a man named Evans. She had been hurrying, and asked Clark if she could get . a soft drink. Clark decoyed hor to his bedroom, brought her stout to drink, locked tho door, and set about assaulting her. She felt her hatpin in her hat', and used it in solf-defcnco.. She subsequently secured a doctor to attend to (Jlarlt.

In cross-examination bj' Sub-Inspec-tor Mackinnon, the accused admitted that she could liave left the room after having one drink, but she never suspected that Clark was • anything hut a gentleman. Subsequently s'lie attempted to leave, but Clark forcibly prevented her. The Magistrate considered the case was not one to go to a jury. Ho felt oonvinccd that 110 jury would convict the accused, but would be certain to believo her story' before that told by Clark. The information would be dismissed.

The accused ivas accordingly discharged. OTHER CASES. Jolm William Scatchard was committed for trial on a charge of indecent assault. Oji the application of Mr. P. W. Jackson, accused was admitted to bail'in the sum of £100, and one surety of £100: Persons convicted of drunkenness were penalised as follow: —Andrew Soutar, fined £2, witli the option of a month's imprisonment; Leslie Norman Sykes, 205., or three days' imprisonment; Charles Anderson and Edward Bloomfield, 10s. each, or forty-eight hours' imprisonment. Several firstoffenders were leniently treated for . drunkenness.

PETONE COURT Mr. W. 6. Hiddell, S.M., presided over a sitting of the Magistrate's Court, Petone, yesterday. William Wallace, charged with using obscene language in a public place) was lined 405., with costs 75., in default seven days in gaol. He was allowed seven days in which to pay the fine. Sidney Lacey, on a charge of riding a bicycle on a footpatli, was convicted tind discharged. / A charge of destroying seagulls was preferred against W. H. Nunn, and also with discharging firearms within the borough. Ho was fined 10s., witli costs 75., in default forty-eight hours in gaol. The second charge was dismissed. Thomas Campbell was charged with driving a motor-cycle along a public road at .a speed dangerous to the public. He was fined 10s., with costs 75., in default forty-eight, hours in gaol. On a second charge of failing to Invo a distinguishing number upon the cycle, lie was convicted and discharged. Thomas Arthur Stewart was proceeded against for being on licensed premises after closing hours, and was fined 10s., with costs 75.. in default fortyeight liours in gaol. For a similar offence Houry Findley was ordered to pay court costs (75.), in default to undergo twelve hours' imprisonment. I''or. a breach of tho railway by-laws J.'," OJiittick was fined 10s., with 7s. costs, and K. H. Smith 55., with 7s. costs.

For driving a motor-cycle at a speed dangerous to the public, George Hartley was fined 205., v/ith 455. costs. Ho ivas also ordered to pay two witnesses' expenses to tbc amount of 12s. . Tho alternative was fixed at seven days''imprisonment. Herbert 11. AY. I-lodckinson was proceeded ngninst for disobedience of a maintenance order. The amount in arrears was a considerable one. "SoDing that lie does not intend to pay," commented tli« Magistrate, "lie will be sentenced to three months in the Napier gaol.'' CIVIL CASES. Judgment for plaintiff hv default ivr.s Riven in the following undefended eivi) rases: —A. Liebezeit v. L. F. Fleet, 10s., costs os.; lioden nnd Powell v. Charles Smith, £17 15s. Cd., costs 165., solicitor's fee £1. 6s. In the. case Sibon, Ltd., v. A. li. /Rates,' defendnit was ordered to pay the amount of ,C 4 16s. in instalments of 3s. per month: first instalment to be paid on November 22, 1015.