MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2635, 4 December 1915, Page 12

MAGISTRATE'S COURT

ALLEGED DISLOYALTY A CIVIL SERVANT CHARGED Considerable interest attached to yesterday's proceedings ill the Magistrate's Court, when Mr. D. G. A. Cooper, S.M., had before him a Civil Servant/ Francis Peter Hagen, ivho was charged with publishing disloyal statements on October 23. The defendant ia a young married man, and has been in the employ of the Public Health Department. There are four informations against him, one of which alleges the following statement: "We would be just as well off under German rule as we are under British rule. Britain is only after territory. The Belgium business was only an excuse to get into it." The other informations allege a statement that Nurse Cavell deserved her fate, that the Germans were justified in the sinking of the Marquette, and that the Eighth Reinforcements tvoro a silly lot, of . Defendant asked yesterday that he should be granted an adjournment in order to engage counsel. Ho received the summons 011 • Monday, and as Tuesday was a holiday ho had had very little time to act. Mr. V. It. Meredith, of the Crown Law Office, said that, as the penalty for this class of cffcnce was so heavy, he would not in any way oppose an adjournment. He would like to give the defendant an opportunity to'engage counsel if lie were able to get anyone. The Magistrate adjourned the hearing of the informations for one week. DEFENCE.DEPARTMENT'S JAM. AVhen charges of supplying adulterated jam to the Defence Minister were mentioned, Mr. P. S. IC.Macassey asked that the informations laid against Nathan and Co. should be withdrawn. So far as this firm was concerned, tho Department was satisfied that they bad acted quite bona fide in tho matter, and were in no way "to blame. They had purchased on warranty and only received a commission on the sale of jam. Mr. M. Myers, on behalf of Nathan and Co., desired to state that his clients had taken every reasonable precaution to ensure the quality of the jam. They obtained a- written warranty and an oral warranty, and the question of quality was emphasised. They had a big legal defence, but, apart from this, they -■had absolutely satisfied the Department that no moral blame was attachable to them. The informations were withdrawn by leave of the Court. Informations of a like nature against two other defendants were ordered to stand over for a week. A VERSATILE SOLDIER. ' George William M'Donald, who appeared in khaki uniform in tho dock, pleaded guilty to a charge of being a rogue and a vagabond, in that he collected alms by means of false representations. According to Inspector Hendrey, tho accused had represented himself as a returned soldier from the Dardanelles, and had also posed as the son of a Minister of the Crown and tho son of another member of Parliament. The Inspector asked that passing of sentence bo deferred until Tuesday next. A remand was granted as asked for by the police. HORSE ILL-TREATED, Arthur Carruthers (a driver) and Wilford Chatter (a foreman in charge of drivers) pleaded guilty to a charge of cruelly ill-treating a horse. Mr. W. Perry, who appeared for both defendants, stated that the ill-treatment was not intentional, that the defendants had ill fact taken steps to prevent the horse from suffering, - but that their efforts were rendered unavailing by accidont. The case was not a serious one. Counsel's statement was hot challenged by Inspector Hendrey, and the Magistrate accordingly took a lenient view of the offence. Each defendant was fined 10s., and ordered-to pay Court costs, 7s. WAR REGULATIONS BROKEN. James 'Mason did not- deny that he had been guilty of a breach of the War Regulations Act in supplying liquor to a soldier 011 November 1, but he pleaded ignorance of the law. The Magistrate warned tho defendant that ho was liable to a very heavy penalty. On this occasion His Worship proposed to tako a lenient view of tho case and to fine the defendant £2, with cost, 95., and witness's expenses, 4«. ABSENT FROM PARADE. Failure to'attend parades resulted in four members of tho Territorial Forces being convicted yesterday morning. Arthur Laurence Edwards, whose previous record was stated to bo very good, was discharged without penalty. Arthur Georgo Hughes was fined 55., and ordered to pay Court costs, 7a. Hnrold Aslifard, with a bad record in the matter

of attendance, was fined £2, with costs, 75., while Bert Kirkland, who had missed several parades recently, was fined 205., with costs, 7s. IMPROPER LANGUAGE. A youthful native of Sweden, named Waino Duktig, pleaded guilty to a cliargo of using obsceno language, and was fined £3, with witnesses' expenses, Bs. Default was fixed at ono ; month's imprisonment. For using indecent language in Haining Street, Guy Cockburn was fined £1, with costs 75., the alternative being tlireo days' imprisonment. Similar penalties -were imposed in the cases of Alexander M'Donald and Thomas Reeves, who were charged with using obscene language in Sages Lane between the hour of midnight and 1 a.m. on a recent date. WANDERING STOCK. Two wandering cattle were responsible for,their owner, George Nash, being fined 5s. }| with costs 7s. For allowing a horse to wander, P. Bevis was convicted and discharged. T. W. Taylor; who was recently charged in his absence with allowing stock to wander, was granted a rehearing, and the charge was withdrawal by leave of the Court. IN A HOTEL ON SUNDAY. John Cochran, Henry M'Laughlan, and Samuel Smith, pleaded not guilty to a breach of the Licensing Act, in that they were in the Shamrock Hotel on Sunday, October 24, without lawful excuse. Mr. J. J. M'Graih appeared for the defence. After hearing the evidence, the Magistrate did not consider the case was strong enough .to record convictions, and the informations were dismissed. VAGRANCY.

"William • Thomas, alias R. W. Thomson, pleaded not guilty to a charge of being a rogue and a vagabond, but his defence was not accepted, and he was sent to gaol for twelve months. William Jacksou Almond,' wlio had been arrested while drunk, also had a charge of vagrancy preferred against him, with the result that he was sent to gaol foi three months. OTHER CASES. Edward Rogers pleaded guilty to a charge of using threatening behaviour, and was fined 10s., with Court- costs, 76., the alternative being 48 hours' imprisonment-. Arising out of the same set of circumstances, a similar charge was preferred against Alfred Hoy, who pleaded not guilty. After hearing the evidonce the Magistrate dismissed the information against this accused. John M'Kinnon, who admitted a breach of his prohibition order, was fined £1, with costs 75., the Magistrate remarking that in, future the 'penalty for this class of offence would be increased. For selling firearms to a boy under 16 years of age, lillen Parsonage was fined os., and ordered to pay costs'and witness's expenses, totalling 15s. Informations against Van Olut Ling and Chan Yee Hop, charging them with breaches of the Immigration Restriction Act (evasion of a poll tax) were, on the application of Mr. ,J. F. W. Dickson, adjourned until December 7. Mr. P. S. K. Macassey, of the Crown Law Office, appeared for- tha Collector of Customs. Breaches of the by-laws governing motor traffic. were preferred against Charles Physick and Isaac Sykes (represented by Mr. W\ Perry). The former was fined' 55., with Court costs 75., while the latter was convicted and ordered to pay Court costs, 7s. J. M. Porter was convicted and discharged for employing an assistant after 6 p.m. pn more than one day in the week, without obtaining the consent of the Inspector of Factories. "Walter Shcppard, for whom Mr. H. F. O'Leary appeared, and William Bolton were remanded for a week on light bail on a charge of theft. Ten persons, who were convicted of drunkenness, were dealt with as first offenders.