MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2604, 28 October 1915, Page 9

MAGISTRATE'S COURT

VARIOUS CASES

AN INFORMATION DISMISSED

Mr. D. G. A. Cooper, S.M., presided in the Magistrate's Court yesterday morning, when the list included several oases of an indictable nature.

A man named Hodgins pleaded not guilty to a charge of attempting to break and enter. tho shop of, Hyman and Co., in Willis Street, on the night of October 6. Chief-Detective Boddam prosecuted, while Mr. H. F. O'Leary appeared for the accused. The evidence for the prosecution hinged on tho fact that Hodgins was the only person in the street at a time (near midnight) when the constable on the beat heard an iron bar fall on t'o tho pavement. The iron bar had apparently been used in an attempt to force the door of Hyman's shop. Hodgins was detained by the constable, but denied all knowledge of the affair. He was under tho influence of liquor at the time.

For tlio defence, it was contended that Hodgins, who bore an excellent character, was the unfortunate victim of circumstances in being in the vicinity at a time when some other person had attempted to break into the shop. The Magistrate considered that the evidence was too slight for the case to go to a jury, and the information was dismissed. ORDERED TO PAY COSTS. R. B. Grange was charged with assaulting Harvey Ward, a member of the Technical School carets. The charge Iras the .outcome of an occurrence in Post Office Square on the afternoon of Saturday, October. 9, during the departure of the troops. Sub-Inspector Mackjnnon prosecuted, and Mr. E. J. Fitzgibbon appeared for the defendant, and entered a plea of not guilty. From the evidence, it appeared that defendant, having business 011 tlio transports, endeavoured to get through the lines, and, on being stopped, struck Ward on the ear with his open hand. The assault was a trivial one, and Mr. Fitzgibbon suggested that the information should be dismissed under Section 92 of the Justices of tho Peace Act. _ The Magistrate adopted the suggestion of counsel, but ordered the defendant to pay costs, amounting to 16s. THEFT. Albert Chambers and James Bremner, two members of the crow of R.M.S. Arfiwa, were charged with stealing a portmanteau and contents value £3, the property of some person unknown. 'They had been arrested when leaving the wharf with the portmanteau in their possession, and were unable to state satisfactorily how they came by it. Each was fined £3,. in default to undergo a month's imprisonment. An order was made that both men should be placed aboard the vessel in the event of its departure occurring within a month. REMANDED. The young man, Fritz Auton Strack, who is charged with stealing Government official stamps to tho value of £40, appeared on remand, and was further remanded on bail until Friday afternoon. Mr. T. M. Wilford appeared for Strack.

BREACH OF THE PEACE. Walter John Hamilton aud Thomas Ritchie admitted having used threatening behaviour in Tory Street, and each was fined 205., with tho option of three days' imprisonment. MISCELLANEOUS. Having been found without lawful excuse on premises in Lombard Street, Ernest George Mazzolini was charged with being a rogue and a vagabond. As there was no criminal intent disclosed, tile Magistrate decided to give Mazzolini a chance by convicting him and ordering him to come up for sentence when called upon. : On a charge of assaulting a passerby in Cambridge Terrace, Peter Trainor was fined 205., the alternative being seven days' imprisonment. Accused had a record of previous convictions, and a request that lie should be allowed time to find tho money was refused, iAn elderly man, named Kenneth M'Leod, who refused to quTfc fTie Dulce of Edinburgh Hotel when lie was drunk, was fined 405., the alternative being three days' imprisonment. Persons .convicted of drunkenness were fined as follow: —Timothy Donovan, 40swith the alternative of seven days' imprisonment j William Cunningham, 10s , or forty-cieht hours' imprisonment; Neville Bell, 10s., or fortyeight hours' imprisonment; Neil Lamont, 10s., or forty-eight hours' imprisonment. Four first-offenders were also dealt with.