MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2884, 23 September 1916, Page 14

MAGISTRATE'S COURT

1 PREYING ON HELPLESS WOMEN

A HEAVY SENTENCE

Mr. D. G. A. Cooper occupied the Bench at yesterday's sitting of the Magistrate's' Court. According to Inspector Hcndrey, it was a pity that tlio character of Thomas Francis M'Millan, who was described as a blackguard, was not known throughout the length and breadth of New Zealand. M'Millan had preyed upon helpless women and bad by various methods obtained money, etc., from thorn. On. this occasion ho was charged with theft of a' gold ring, valued at t355.,' and three charges of falso pretences. Evidence went to show that" a widow had becomo acquainted with M'Millan. through the medium of a. matrimonial advertisement, and it had been agreed-that they should be married. The woman had a quantity of furniture at Masterton, which, at accused's request, she sold. On July 27 bho returned to Wellington, and accused met her at the station. He asked her if 6he could lot him have £8 10s., bo that, he could make bis books right at Young and Co.'s chemical warehouse, where he was employed. He had told her that he had sold some patent medicines ' to a quack doctor, and had to account for the money. Fully believing his story, the woman complied with the request, and on subsequent occasions she gavo him £6 and 255., and also a wedding ring, which accused had said he wanted, so as to gauge the size of the wedding ring he was going to buy. The ring had found its way • into a pawnbroker's, and the money iad never been returned. Accused bad also written to the widow, and had toldlier that ho had fixed up arrangements for the wedding, but he never turned up. Prior to this he had endeavoured to get the woman to telegraph to some friends in Masterton to obtain £7 for the wedding ceremony. .Mr. M. J. Bird, accountant at Young and Co.'s, gave evidence to the effect that M'Millan had. not at any time to advance 10s. to'.the firm to put his books right. He had nothing to do ' with the books, as he was employed a 6 one of the store hands. ■Mr. r. W. Jackson submitted that the charges could not stand. The widow in question and accused were an engaged couple, and the lattor had asked for the loan of, the money, and she had given it.- Counsel contended that ! it had not been proved that M'Millan did iiot owe Young and Co. trie '£8 10s'. His Worship disagreed, and held that the case had been proved, and said he must oonvict. Inspector Heudrey then said that M'Millan hadbehaved in a brutal manner.. He had preyed on poor, defence.less, helpless women, and bad obtained goods and money from them by professing love and promising . marriage. There were two similar convictions against him. Inspector Henilrey then proceeded to give instances of other women'who. had been duped by accused, but whose evidence had not been talseii. Mr. Jackson strongly objected, and his objection was upbeld by the Bench. Proceeding, Inspector Hendrcy asked that the punishment shoukl be ench that it would be a lesson to accused and a deterrent to 1 othor men of his kind. M'Millan was., sentenced, to 14 months' imprisonment, the torms being as follow -.—Theft of the ring, one month; obtaining 255. by false pretences, one month; obtaining £8 105.,. six months; obtaining £6, six months. Accused was further charged with being an incorrigible rogue, having oscaped from the Terrace Gaol on September 18 while waiting for the above charges to be hoard. For this he-was'sentenced to one month's imprisonment. All the sentences. ' were ordered to be cumulative. ' . A PITIFUL ;CASE. A hard-working man named James Alexander Robertson was charged with tho theft of sacks of chaff, tins of fat, sacks, and rolls of bacon, the property of the'.Xew Zoaland Candle Company and Messrs. 11. Dimock and Co., and pleaded guilty. Inspector Hendrey said 'that accused had'stolon the articles mentioned and had sold them. His wifo must have, known that the. articles were stolen." and the Inspector alleged that ho had sufficient, evidence to bring her to Court, but did not do so on account of-the four young children. It appeared that lately Robertson had taken to drinking, but there were no previous convictions of any kind against him. He was a hard-working man of previous good character. Mr. H. F. O'Lcary, -who appeared for accused, entered a "strong appeal for leniency. He'stated that his client had served his country and was a good worker. Up to the present he had been out of work, and had been drinking. These combined circumstances had no doubt been icsponsible for bringing accused to his present position. Ho would consent to a prohibition order being made against him. The state %f the family was deplorable. Of tho four children the eldest was five years old and the youngest a baby in arms. If accused was Bent to gaol thoro would be.no one to support the family, and they would be thrown on the State. Under, the circumstances, Mr. O'Leary asked that the penalty bo made a light one. His Worship said.that there wa6 no doubt that tho case' was one for imprisonment, but that would entail a hardship on tho family. It was the thought of the little children that was weighing with him. He would, however, try the experiment of convicting accused and ordering him to come up for sentence if called upon. -AFtor being severely admonished and a prohibition order issued, accused loft the Court. LICENSING CASE DISMISSED. William Cillha.ni, a barman employed at the Albion Hotel, was charged that on July 19 ho supplied liquor to Charles Newel!, who already was in a stato of intoxication. This case arose out of a previous case in which a man was .charged and .convicted s in tho Supreme Court for assaulting 'Nowell. Mr. H. l'\ O'Lcary appeared for defendant. After bearing the evidence tho Magistrate said that it was quito possible'..that the. result of a. blow 'might have mado Ncwell stupid, and possibly be was not intoxicated at tho time. .Therefore the case would be dismissed. ' ' '' A WAR ..REGULATION CASK. Nellie Anderson, alias Hannan, pleaded guilty to a charge.-of loitering in. Clyde Quay for the purpose- of prostitution. Matthqw Cornwall was also charged that ho did habitually live with a prostitute, Nellie Andorson, and also with livintc partly, on her earnings. Mr. V \V. Jackson, who appeared for Cornwall, asked for u remand and also applied for bail. Both informations were laid under the War Regulations, and Inspector HoiMroy drew attention to the fact that tho 'offence with which tho male accused had been cbarced was looked upon as particularly serious at the present time. He stated that, the 'maximum penalty was £100 or twelve months' imprisonment. Both accused were remanded for a week, bail." m Cornwall's Case being fixed : at £100, and one surety of £100 or two of £50. OTHER- CASES. A young man who hasjoined the Expeditionary Forces and has gone into camp with a recent draft ivas charged

with tho theft of a duck. Mr. P. W. Jackson, who represented accused, said that tho affair was of a trivial ua-, turo. and tho information should bo withdrawn. His client had been out shooting and had come across a flock of ducks, ono of which ran botweon his legs. ■ Ho,caught hold of it and wrung its neck. Inspector Hondrey said that provided tho expenses incurred wero paid he had no objection to conusors request. His Worship allowed this to bo done on payment of 55., the value of the duck, and- ss. expenses. ■> For a breach of his prohibition order Bartholomew Mahoney was fined 205., with costs 75., in default three davn' imprisonment. An old-man named George Ryan attempted to obtain a pension certificate nn August, 4, to which ho wag not justly entitled, by means, of a false statement. After hearing the faots of tho naso His Worship entered a conviction only, and Ryan was discharged. BY-LAW CASES. f he following by-law cases were dealt with:— : Medley Frank Jewell failed to register his rnotor-bicyclo, and tho oifeuco cost him a tine of ss. and oosts Ts. Similar penalties were inflicted on account of Jewell failing lo stop his oio-tor-bicynlo when requested to do so by a policeman on point duty. Vasey George, for driving along the Butt Head -'without lights, was fined 10s., with costs 7s. For leaving his vehiclo unattended in Adclaido Road, John Francis Bryant was fined 55.-, with costs 7s. A fine of 10s., with costs amounting to 29a., was imposed on Donald Duncan for negligently driving an express along Lambton Quay. Fines of 55., with costs 7s. were entered against James Hodgers Foster, Young How, and Ar-; nold Moran for allowing stock to wan,der, while Ernest Hunter, for a similar offence, was convicted and discharged. Ah .One, being tho owner..of. a wagon which did not have his name painted on the side, was fined. ss. with costs 7s. It cost William Robinson the sum of 12s. for allowing his chimney .to catch fire. John Whitman, who left an express ■' standing without a light, and Arthur Edward Whyte, who drove his motor-car without _ a tail light,, wore each fined us. with costs 7s. Walter Andrew, Hadley removed soil from Ohiro Bay Road without permission and the offence cost him £1, with lis. costs.. WEIGHTS AND MEASURES CASES. .Ryder Bros., butchers, of Petone, were charged with having used false and unjust spring scale? on August 17. ! Mr. Cashman, Inspector of , Weights and Measures, demonstrated _in the Court how the scales in question could be manipulated at pleasure. Goods could either be sold underweight or overweight. Mr. Jackson, who appeared for defendants, contended that his clients did not intend to defraud their customers and that it had been demonstrated that the scales could rob them ns well as their customers. After hearing the facts of the.casc His-Wor-ship inflicted a fine of £2 with costs 7s. An order was made that' the scales should be forfeited. Other cases were as follow: —William Belcher, for having an unstamped scale, was convicted and discharged, and as the same scale was declared to be false and unjust a fine of £1 with 7s. costs was imposed. Fines of as., with costs 75., in each case were inflicted' on the following for similar breaches of the Weiuhts and Measures Act:—Wong Tong, Kuong Sang Wall, Yeo Wnh and Co., Bontborne, Wilson and M'lntyre, .Joe Tos Bros. ' SEPARATION ORDER GRANTED. Before Mr. L. G. Reid, iOL, Hannah Pu'rccll applied for separation and maintenance orders'against her husband, Thos. Ptireell. She also asked for'custody of the children. A separation order was granted, and defendant was ordered to pay 30s. per week towards his wife's maintenance. She was also granted custody of the children. ALLEGED ADULTERATED MILK. A series of case's in which well-known dairymen and one well-known dairy company in Wellington, it is alleged, have sold adulterated milk were/commenced lato yesterday afternoon. The first ca.se called was against Francis Green, who, it is alleged, on April 18, at Wellington, did sell adulterated milk. Mr. V. R. Meredith, who appeared for the jiroseciition, said that the adulteration consisted of stale milk. Ho said that the test applied in this particular case showed that the colour in tho milk was completely discharged in fifteeu minutes. Evidence was called to show that milk in which tho colour was discharged under an hour was daugerous and unfit for human consumption. Milk in which tho colour was discharged- in .three hours was- considered doubtful for human consumption. Mr. M. Myers, who appeared for defondant, submitted that tho information was misconceived, and must Ehereforo he dismissed. Counsel pointed out that there was a special provision in the Act dealing with unsound food. Ho made a point of tho meaning of the word "fresh" as used in regard to the milk in the present case. At this stage the Magistrate intimated that ho would look into the point raised by Mr. Myers before hearing further evidence. Tho hearing of the case was accordingly aujournod.