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MAGISTRATE'S COURT

A DECISION REVERSED

NO STAIN ON HIS CHARACTER

Mr. D. G. A. Cooper, S.M., presided at tluvMagistrate's Court on Saturday. I am satisfied, after hearing fresh brought on behalf of accused, that sufficient element of doubt lias been, raised in my mind to reverse my former decision, and dismiss the case," said Mr. Cooper, when he had reheard the case against Henry James Harper, who was charged on Saturday, July 29, with the Iheft of 301bs. of newspaper, valued at 2s. Gd., the property of the City Council. On the former occasion accused was not represented by counsel, and it was disclosed in the evidenco that tlie papers were abstracted from the files in tho Public Library, and were discovered 011 an express standing in? front of the library, with some other newspapers alleged to have been obtained at other places in the city. The express was brought ta the library so that the accused could obtain more paper, which the custodian indicated mi[sht be available. The accused admitted that tho papers were found on the express, but protested his innoconce, and pointed out that it was not likely that he would take the 6tolen papers in so open a manner to the place from whence they were stolen. However, he was convicted and fined 405.,-and witnesses' expenses, Bs., the alternative being seven days' imprisonment.

During the week, however, Mr. P. J. O'Regan interested himself in the case, and applied for a rehearing, which took place 011 Saturday. Several witnesses were examined on accused's behalf, and the evidence went to, show that the paper found in his possession had managed to got there without lis knowledge. Harper therefore left the Court "without a stain on his character." As a matter of fact, his counsel said that absolutely nothing was known against hini. He was a particularly good citizen, and had 011 one occasion been responsible for bringing a man before tho Court who had been sentenced to eighteen months' imprisonment on ,a grave charge. On that particular occasion Harper had been complimented by the Chief Justice (Sir. Robert Stout), the jury and Inspector Hendrey for his action. Inspector Hendrey said that the facts as stated by Mr. O'Regan were quite correct, but he hod forgotten tho incident, and had not been reminded of it bv Harper. Mr. O'Regan said that his client did not think to remind the Inspector at the first hearing because he thought that the Inspector would remember him, and "it would be all right." NOTHING SERIOUS HAPPENED. John Harmer Roberts Anderson and •Tames Edward Walker appeared to answer a charge of having assaulted one another. Both accused pleaded guilty. , Inspector Hendrey stated that both .accused had been fighting in a house where they were employed. Their employer had endeavoured to separate them, without success, and the police had to be called in. His Worship asked if any damage had been done, and one of the accused smilingly admitted that nothing serious had happened. "Well," said His Worship, "I will have to fine you something for giving tho police trouble." Each of the accuscd was fined 10s.. OTHER CASES. There was quite a procession of men charged with insobriety, included in the list being nine first offenders. Each of them was convicted and discharged, .Fames Bernard Daly, Guv Cockburn, James Baily, and Harry M'Donald, second offenders, were each fined 10s., in default forty-eight hours' imprisonment. Arthur Short, who had' four previous convictions for insobriety against him, wrs fined ,£3, the alternative being fixed at fourteen days' detention. For haxiiif; wilfully damaged a police constable's overcoat, valued at £2 12s. fid., he was ordered to make good the damage, or else spend seven days in gaol. . James Brown pleaded guilty to,.insobriety and having committed a grossly indecent act. On (lie first charge, being ft first offender, be was convicted and discharged. On the second information he was fined 10s., in default seven days' detention. Timothy Donovan, with two previous wmvictions against him for insobriety within the past six months, was-fined 20s., 1 in default threes days' imprisonment. ' l.Tiai'lcs Oiiyon pleaded guilty to insobriety, and a prohibition order was made out against him, to operate in the Wellington and Hutt licensing districts. On tho application of Inspector Hendrey Joseph Morley, who was found helplessly drunk in Cambridge Terrace, Was remanded for a week for medicul treatment. Before Mr. W. G. Riddoll, S.M..' Alfred Charles Brown was charged with indecency on (wo distinct occasions in Ade-" laido J'oad, After two witnesses for the prosecution had been heard, the case was adjourned till to-day. Mr. P. H. Putnam appeared for accused.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19160807.2.65

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 9, Issue 2843, 7 August 1916, Page 9

Word count
Tapeke kupu
772

MAGISTRATE'S COURT Dominion, Volume 9, Issue 2843, 7 August 1916, Page 9

MAGISTRATE'S COURT Dominion, Volume 9, Issue 2843, 7 August 1916, Page 9

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