MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2733, 30 March 1916, Page 9

MAGISTRATE'S COURT

ALLEGED ASSAULT

TARANAKI STREET AFFAIR

" Several indictable cases came on for hearing in the Magistrate's Court yesterday, when the Bench was occupied by Mr. D. G. A. Cooper, S.M. Charles Burrows, about '30 years of age, and Delia Pine,-31 years of age; were charged together with assaulting William Fitzpatrick so as to- cause him actual; bodily harm. Inspector Hendrey pro- , scouted, while Mr. - H. F. O'Leary appeared for both the accused. Evidence called for tlie prosecution , was to the effect that William I>'itzpatrick was an engine-driver residing at 80 Taranaki Street. Charles Burrows and Delia Pine had been, lodgers at Fitzpatrick's residence, where they were known as Mr. and Mrs. Burrows. Thoy left in February to reside elsewhere and.apparently had no grievance against Fitzpatrick or his family, although some money was, in the opinion of Fitzpatrick, owing in respect of board and lodging. On March.2o, Burrows, Pine, and a wounded soldier spent the evening at the rosidence of • Fitzpatrick. Later, Pine left with the soldier, and then Fitzpatrick approached Burrows' as to payment of the money owing. Burrows refused to pay, and | Fitzpatrick gave him a push through | the gateway. Shortly after midnight, Burrows and Pine returned to the resii dence of Fitzpatrick, their _ approach •being heralded by a' broken window. On gpingAto the front door, Fitzpatrick was struck a blow on tlio eyo_ by Pine and two further blows were given him by Burrows, who, it was suggested, u'scd portion of a door knocker Jn the attack. 1 While the trouble 'ivas in progress, Constable E. J. M'Kelvio was' attracted to the scene by the noise and, lie arrested both Burrows and Pino and took them to the Manners Street Police Station. As a result of the struggle at his residence, Fitzpatrick received threo scalp woundsi, which Med so profusely that lie had to be token to 'Dr. Mackin's surgery, where ho col-

lapsed. Dr. Maekin dressed the wounds and although . Fitzpatrick's case was

dangerous" for,, somo time, he made satisfactory. progress and was considered out of danger in four days. After Dr. Mackin's. evidence bad been tendered yesterday, Mr. ©'Leary -asked if the chargo might not he reduced to common assatilt against both prisoners. Inspector. Hendrey_ contended that the

assault was too serious for this course to be adopted. Supposing Fitzpatrick had not been able to find such 3 skilful (medical practitioner on the night of the assault, • there might possibly have been far more serious results.

The Magistrate agreed) and declined to reduce the charge. Both accused, on being formally charged, pleaded not guilty, and were committed to the Supreme Court for trial. Bail was allowed in',.the sum of

£200 for tho male accused, and £25 for the female accused.

On a charge of damaging a glass window at'Fitzpatrick' s house, Pine was convicted and discharged cn condition that the sum of Bs. was paid in respect of the damage done.

SEQUEL TO STREET ACCIDENT. ■■ Arising out of a serious' accident in Manners Street on,' February 15 last, two charges wero preferred against a motor-car driver, named John Skivington. It was alleged' that he caused ' actual'bodily harm to Solomon ' Hyam Myers, under such circumstances that, had Mr. Myers been killed, then the accusod would nave b*een guilty of manslaughter. The second information alleged that, Skivington drove a motor- " car in a manner' dangerous to the public". Mr. T. M. Wilford, who is .to represent the accused, was unable to be present when the case was called yesterday, and on the suggestion of Mr. P. W. Jackson, a remand for one week was' granted.' Bail >was ajlowed in the sum of £25.'.SERIOUS CHARGE. , John Dillon, aged 25 years,, was charged with assault and robbery, the victim of the alleged assault being an old man,* named George - Lewis Baddon/ who was' rather roughly handled when being robbed. After evidence had been tendered by Raddon, by an independent witness, .who saw Raddon be.ing robbed, and by the arresting constable, the accused pleaded not guilty and was' committed 'to the Supreme | Court for trial. 'ALLEGED FALSE PRETENCES.. Francis Alfred Larkin, carrier, of Wadestowh, was committed to the Supremo Court for trial on a charge of having obtained sacks from- the New. Zealand, Loan.lind Mercantile Agency Coy., Ltd.-, : by means of false pretences. Mr. P. \V. Jackson appeared for ifce accused. . ' VALUELESS CHEQUES. Percy Holme's, a soldier 'attached to the 11th Reinforcements, pleaded guilty to three charges of issuing ralueless oheques at Picton on March 13, 16, and 18. The cheques had been cashed, but all the money .obtained by this means had been refunded with the exception of Ifis. Mr. P. W. Jackson pleaded for leniency' for 'Holmes, and asked the Magistrate, if possible, to deal with the case, in a manner" that would enable Holmes to go away with the next Reinforcements. He had completed his training and was anxious to go to the front. The Magistrate ordered the accused to make restitution of the money still owing as a result of the cheques ueing issued, and to'come up for sentence when called upon. HOUSE OF ILL-FAME. Amelia Anderson, through her coun- '■ Bel (Mr. P. W. Jackson), pleaded guilty • to a charge of keeping a house of ill— 1 fame in Webb Strcot in contravention- ' of the city by-law 988. She was fined £10, with costs and expenses totalling i £1 175." Default was fixed at one s month's imprisonment. . OTHER BUSINESS. 1 James Aldred, who was arrested for - failure to comply, with a maintenance 3 order, admitted certain arrears, and 3 was remanded on bail until to-morrow. 9 In the meantime, the authorities at i Auckland may be communicated with in a regard to the case. , . . , Tlil'CH nml'tilTMltllHK Ineslu-Idtoa were Idsalt with in the usual lenient manner.