MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2858, 24 August 1916, Page 9

MAGISTRATE'S COURT

ALLEGED VIOLENT ROBBERY

RETURNED SOLDIER' ASSAULTED

Mr., L. G. Roid occupied the Bench at the Magistrate's Court yesterday.

A serious charge was preferred against a seaman "named Joseph Michael Kennedy, a big, strapping fellow, 28 years of "age. The information laid by the police was one of alleged'theft of £23 10s. in money from a returned wounded soldier named PcrcivalSNoel Norman Jamieson. Kennedy was also charged with .having used personal violence to Jamieson. In giving his evidence, Jamieson said that he''was a member of the New Zealaritl Expeditionary Forces, was wounded, and returned to New Zealand. The effects of his wounds were to_ leave his left arm practically useless. At about 10.30 p.m. on August 12 he, In company with a friend, went to a. billiard saloon in Manners Street, and thence to a supper-room. It was outside the supper-room that the two friends mot accused and a companion. Tea accused and witness talked about

London. The four men then walked about, the streets till some time- in the small hours of Sunday moniiug. During that.-.time witness had four £5 notes, three £1 notes, and ft half, sovereign in a pocket-book in the lefthand inside-pocket of his coat. His first friend, whose name witness did not know, left them at Courtenay Place at about 1 a.m. on Sunday. Accused and his Mend remained, and a slight argument arose, and all three stopped under, a lamp-post for about halr-an-hour. At the conclusion of

tho argument accused struck witness on the left side'of the face-arid knocked him down. ' While on the ground there was a scuffle. Accused's friend

was hovering around. Witness *aid he was pushed about a good' deal whon on the ground, bul as ho/ was only half-conscious,'he did not know exactly who did the'pushing. 1 Two policemen'approached, and the two men ran away together. Immediately before he was knocked down witness had the pocket-book and the money in his pocket, and after the scuffle the money and the book were not there. Eater on, Jamloson accompanied the police in search of ,the accused, who wsia found in front of a house in Willis Street, underneath a hedge. In answer to a question by accused,. Jamieson said'that he did not think that he started to put his' fists up. As a matter of fact, he couldn't if lis trfcd.

Edward Milward 'Anderson, chief pay officer at Base Records Office, gave evidence to the effect. that he had paid Jamieson £30 in £5 notes. Ho also knew that Jamieson's left arm was useless: ~..'.'.

Constable'P. J. Sawyer, stationed at Mount Cook, stated that, in company with Sergeant Uruiekshank, ho had first observed Jamieson standing iip at the'corner' of Taranaki and Vivian Streets having an argument with accused. "The other man and accused went away as soon as they saw 'the police - Jamieson then pointed to accused, and'said "I give that man in charge for assaulting inc." As soon as Jamieson. said that accused ran away. The constable gave corroborativecvidonce as to finding accused behind the [hedge in Willis Street. Witness had'questioned 1 accused, and the latter had replied that he had struck Jamieson in self-defence. He said | that be'lad-riot taken anything belonging to Jamieson. On being searched at the. station nothing .was .found on accused that Jamieson recognised as his property. "'■ Plain-clothes Constable Burnett gave evidence ,tp the* effect that Kennedy had told 1 ' liim that his companion on tho. night of the. alleged offences was George Watts, who lived in a certain boardinghouse in Cuba Street. After making inquiries, it was ascertained that such was nob known there. Constable Burnett had been unable to find any trace of George Watts in Wellington.. In cross-examination by accused, Constablo Burnett said that the former had told him that ho did not assault Jamies'on, and also that accused had said something about being able to live without doing that sort of thing.. On being formally chargcdi Kennedy Pleaded- Dot guilty, reserved.his ticfence/, and was committed to the Supreme Court for trial. ' STOLEN MONEY. - -: After having heard the evidence against him. a young man named: Thomas B. 'J.- Mason, late cash-clerk' in the employ of the Wellington Pub-' lishing Company,' pleaded guilty to' the theft of. £25 6s. Bd. in money, and was committed to the Supreme Court for sentence. ' ". Bail was allowed Mason iii his own recognisance of £25 and one surety, of £25. . FIREMEN'S MELEE ASHORE/ Mr. W. G. Riddell, S.M., heard the; following cases: — '• ' ' I'our nreiaen from the mail steamer, Rotorua appeared to answer charges of obstructing the police in the execution of 'thoir .duty, and with having used threatening Behaviour. The accused were: William Burgess, aged"l 9; Dennis Donovan, aged 20; Thomas Ryan,, aged 19, and James Montgomery, aged 34. Burgess-was also charged with drunkenness •on the Glasgow Wharf. All, with the exception, of | Donovan, pleaded guilty. The latter, in answer to a question by the Magistrate, said that he did not know what to say because he had never been in court before.

According to Inspector Hehclrey there appeared to be a free fighjj in Mulgrave Street on Tuesday evening, and a constable went there to endeavour to quell the disturbance.. He was roughly handled by the "crowd, and especially by the four accused, two of whom were fighting 'more vigorously than the others. After considerable trouble the arrests were effected.

His Worship, addressing Donovan, said that he did not believe the latter's story and would treat him the same as the other three. The charges would be taken together, and each ot the accused would he fined 205., in default seven days' imprisonment. For drunkenness Burgess was convicted and discharged. . In passing sentence, the Magistrate .said: "You had no feason to interfere with the police.. It might not seem a serious matter to you, but it is really a very serious If you had 'wanted to help your friend who was being arrested you could have gone down to the police station and hailed him out. That is the proper course to adopt." : • TRAVELLING AT GOVERNMENT'S' EXPENSE. Arthur Morris Jones endeavoured to travel from Ralrnerston North to Wellington without paying his fare, and on being asked why bo did so said that he was a member of the Fifteenth Reinforcements, and as the train belonged to the Government, and as he was working for the Government, he thought that he could get a free ride. A completely different story in regard to accused's travels was told by Inspector Hcndrey. It appears that Jones entered a first-claSs carriage in which ladies were seated. ■-Ho insulted them, and on complaint, being made bo was removed to a second-class car. and was asked to produce his fare. 'This accused failed to do, and he was brought on to Wellington and handed over to the policeman on duty oil

Thomdon Station. On arrival, however, he used very ohsocne language, and while being arrested he behaved so violently that precautions had to be taken by roping him up. This was not effected before Jones had damaged the constable's trousers to the extent of 235.

After hearing the facts of the-.case, His Worship fined accused 205., in default.seven days' detention, for having failed to pay his faro; £8, in default 21 days, for obscene language, and sentenced him to seven clays' imprisonment if he failed to make good the damage done to the trousers. MISSING CARGO. '■■ Further evidence was taken in the case in which Joseph Garver, alias Gaver, was charged with having stolen two pairs of ladies' shoes, valued at £1 45., the property of Skelton, Frostick* and Co. The alleged theft i occurred on the steamship Monowai at Wellington on July 11. A. it. Douglas, chief claims clerk for the Union Company at Auckland, said that he had. received instructions from the Wellington office to have certain cargo by the Monowai specially watched. This was done on her arrival at Auckland on July 14, and it was ■ then found that a case addressed, to Skelton, Frostick and Co., ■ Auckland, had been tampered with.' Subsequently it was found that seven boxes, which had contained shoes and boots, wore empty. There was also a space left in the case sufficient to contain three boxes. Comparing the contents of the case and boxes with the invoice, it was found that there were nine pairs of shoes and oneYpair of hoots missing. 31.' H. M Leod, Auckland manager for Skelton, Frostick, and' Co., also gave evidence, during the course of which he 9tated that all the cases, with the exception of the 'particular one mentioned, had been received in good order and condition. At this stage the case was adjourned till AVednesday next, accused being released on the same bail as before. ALLEGED THEFT. On the application of Chief Detective Boddam, Charles Lawson, a Swede, who is charged with stealing .268 sparking plugs, valued at £53 lUs., the property of some person or persons miknown, was remanded till August 30. The reason given for the remand was that the police are still making inquiries concerning the alleged - theft. Mr. H. F. O'Lvary was granted bail on behalf of accused, in one sum of £50.