MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2776, 20 May 1916, Page 14

MAGISTRATE'S COURT

• RECENT STREET SCENE' TWO WOMEN PROSECUTED ■ Two women wore proceeded against in tho Magistrate's Court, before 7\ir. D. G. A. Cooper, S.SL, on a, charge of inciting a crowd , to obstruct the police on tho occasion of a recent street disturbance on Larabton Quay, when a soldier, who had been arrested by Constable Harrison, was rescued from custody. The two defendants Yi'oro Elsie Hod, proprietress of the Cafe Belgique, and Alice i'erguson, a waitress. Inspector Hendrey prose•cuted, while Mr. T.M. "Wilford appeared for the defendants, both of whom pleaded not guilty. Inspector Hendrey stated that tho prosecution was laid under Section G8 of tho Police Offences Act. On the night of Slay 3, a member of tho Expeditionary force was arrested on a charge of committing a grossly indecent act within view of womon and children on Lainbton Quay. While on'tho way to the police station the arrested man was rescucd by a number of soldiers and civilians. Mrs. Bod incited the crowd by calling out to

tlio soldiers not to let their comrade I be taken. Slie laid her hand ou a constable's arm, and Ferguson also joined in. A. general meloe followed, in which the police officers wore severely handled. The witnesses would say that had it not been for the defendants tlio disturbance would not have taken place. Evidence in support of the police case was given by Constable Harrison, Constable. Tocker, und Sergeant O'Halloran; Mr. Wilford then submitted that us tlic defendant, Ferguson, .. had only been shown to have asked the constable to let the man go, that the information against her should be dismissed without colling on, the defence.

The Magistrate agreed that the information should be-dismissed.

In connection ivith the case against the defendant, Bod, Mr. AVilford said that his'client would deny absolutely tlv.u' sho liad said anything that -would in any way incite the crowd to obstruct the police. Independent witnesses would slate that they had seen nothing done by her to warrant the charge.

Evidence for the defence was given by Elsie Hod, Alice Ferguson, and a soldier named he Cren. The last-named stated that when lie saw the disturbance had commenced'ho knew that lis would havo to eitlier arrest someono or clear out, so lie cleared out.

The Magistrate said that in view of the contradictory nature of the evidence it was difficult to give a satisfactory decision. The offence charged was a veryserious'one, and there-should be absolute proof before a conviction was entered. The remark made by Mrs. Bod to the constable could not be said to be an act that would incite the crowd, but sho was alleged to have called out: "Come on, boys, don't let them take your- mate." Words of this nature were calculated to incite, but before convicting a defendant, especially a' woman, ■ of so serious an offence,- there should be no doubt in tlio miild- of tho 'Court. In this case there was _ a doubt, and the . defendant would receive the benefit of it. The in-, formation would be dismissed. NO OFFENCE DISCLOSED. When Christopher Hlankhorno and John Stringer, wer-a charged with having discharged firearms at Kaiwarra, Mr. I'. ,T. O'ltegan, who appeared for the defendants, pointed out that tho evidence put forward by the police .did not show that the firearms had been discharged oil the-,road, or within.soft of it, arid that therefore no offence was disclosed under Clause (h) of. Section 153 of the Public Works Act/ The Magistrate agreed with this view, and the information against both defendants was accordingly dismissed. . . • . BY-LAWS BROKEN. For breaches of the city by-law's tolating to vehicular traffic, lighting, etc., the following defendants were dealt with: Godfrey Magnus (Mr. A. M. Sale-k), fined sBl, with costs and expenses, 195.; Joseph Burke, fined 10s., with costs 75.; Lomau Kennedy, fined 10s., with costs 75.; Clarence Moore, fined 10s., with costs, 75.; Ernest (Hilling, fined 55., with costs 75.; Oscar. Percival Brown, convicted and discharged; George Hurrell, convicted and •discharged; and George Watts, convicted and discharged. As tlio owner of a; horse which / was found wandering at large, Donald Naughlon was fined 55., with costs 7s. I GAME OUT OF SEASON. , Bay Johnston, who was found in possession of quail out of season, was fined iB2, with cost 7s. Ia answer to tho Magistrate, he said that he did not know that he"was liable to a fine of ,£2O. for his breach of the law. ■ ' ' OTHER- CASES. , Percy Frederick Ellison,.. 13 years of age, -was convicted and ordered to come up 'for sentence.on two charges of failing, to account for moneys received on behalf ot his employers, a. local firm of milk vendors. It was stated that restitution had been made by tho defendant's brothers. Thomas Clark, for drunkenness, was fined 10s., with the option of going to gaol for 43 hours. Two first-offending inebriates were also dealt with.

On the-information of John Stnrrock Kobbie, charges of assault were preferred 'against Richard Dwver, proprietor of the Empire Hotel, and one of his employees, John Timniins. Tho alleged assault'consisted of usinpr the necessary force to ■eject, Robbie from - the hotel after defendants' considered ho- hadvnindo Aimself a .niiis'anco 'oil tho premises: •. After hearinp the evidence, tho Magistrate dismissed both the . informations. lfi\ 11.. E. Bvana appeare<l for the defendants.