MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2896, 7 October 1916, Page 14

MAGISTRATE'S COURT

fr- - . MILK VENDOR FINED NOTICE OF APPEAL GIVEN Further montion was made iu the Magistrate's. Court yesterday of the case in which Francis E. Green was charged with having sold adulterated milk which was not fresh, as required by the Sale of Foods and Drugs Act. . Mr. D. Q. A. Cooper was on the Bench, and Mr. V. R. Meredith prosecuted on behalf of the Crown, while Mr. M. Mvots represented the defendant. i'he point raised, by Mr. Myers n'as that the word "fresh" was used not in contradistinction to "stale," but in contradistinction bo."condensed" or "dry." Tlio Magistrate, however, upheld Mr. Meredith's, case.

According to ovidence the ruilk had como from Mungaroa on tho previous evening, and Green had told tlio Inspector appointed under the Act that the weather was hot and- that the milk would have to to consumed at onco or scalded. Defendant had said that lie had also given, a similar warning to his customers. '

The section of tlie Act under which the information. was law requires full information to be given of the nature of the adulteration of tho milk sold, and Mr. Cooper held that any such general statement as that mado by tho defendant, if made, was jio more than a gericral warning, and was not "fully warning" the purchaser As this was the first oase of the kind, Mr.' Meredith did not press for a heavy penalty, and the Magistrate imposed.a fine of 20s. with costs. Mr. Myers gave notice of appeal against the decision. POLICE CASES. Mr. L. G. Reid heard the following cases: — . Plain-clothes constable Tricklebank yesterday arrested Charles O'Connor, who appeared late in the afternoon to answer a charge of being a rogue and a vagabond within the meaning of the Police' Offences Act,- in that he did, on October 6, at Wellington, in a public place, tho breastwork, Waterloo Quay, play an unlawful game, namely, "Crown and Anchor." Exhibits in Court •in connection with the case were a handkerchief full of pennies, other small coins, .-£1 notes, and 10s. notes, amounting to about its. Dice of two descriptions as well ns the chart were also there.

On the application o f Inspector Hendrcy a remand was granted till to-day, tail being allowed iu one sum of .£25 and a suirety of «£2fi. CONNOLLY'S BIRTHDAY. Michael Connolly, residing iu Tory Place, had a birthday recently, ;tnd he invited James Wishart to celebrate the occasion with him. The result was tnat both men appeared yesterday to answer a charge of having need obscene language, for which each of them was fined 10s., with costs 75., in default 1± days' imprisonment. Mary Clarke was also a visitor t6 tho celebration, but evidently resented interference by Connolly. Sergeant Murphy gave evidence to the effect that it was alleged that Clarke had thrown a pot at Connolly. She missed her' mark, and hit the door, with the result that both the pot and door were broken. Connolly thereupon caught Clarko by the hair, which in law is an assault. She used obscene language, and she was fined 205., in default seven days' imprisonment, for the< "language" she used. On the charge of assaulting her, Connolly was convicted and discharged. , MISBEHAVIOUR ON A TRAIN. On August 18, when travelling on a train between Wellington and Ngaio, R, H. Smith, jun., had an argument with his father, B. H. Smith, sen. The son had been to town, and had been drinking. A scuffle ensued in the guard's van of the train, during .the . course of which tho window was broken. The guard and another person tried to separate tho combatants,. the result boing that Smith, jun,, "took to them," and repeatedly used obscene language. When the son appeared yesterday he was fined 103., ordered to pay tho : cost of the broken window (lfls.); «ud witnesses' and Court- costs,■•amounting to .£3, lis.

" OBSTRUCTING THE POLICE. As Constable Cunningham was proceeding along his beat in Taranaki Street, he observed an old man named Alex. Jl'Lean endeavouring to help a woman who was evidently under the-in-fluence of liquor to her home. The constable remonstrated with the pair, and a woman named Ellen Hawthorne, and a man named Frank Smith camo to their assistance. During the course of the melee M'Lean and Hawthorne used obscene language, and for the' moment the constable had. a fairly Tough time. The result was that Ellen Hawthorno was convicted 'and fined 205., or seven days' imprisonment, for obstructing the police, 'and a similar s&ntenco i>*s. imposed on ,her for having used obscene language. Alex. M'Lean was similarly dealt with, and Smith was meroly- convicted and discharged. '

TROUBLE IN A HOTEL. • A chef named Harry Gunn, who was employed by the licensee of tho Commercial' Hotol (Albert Roland Durrant), proceeded against the latter for assault. It appears that the complainant passed certain remarks about, "his job." Durrant went to the kitcieu.and asked in' no uncertain language what was tho matter. Subsequently he told the chef to "finish up."' After the dinnor had been sorved the cliof (Cuiui) went to tho office to obtain his money, aud it was alleged that Durrani, annoyed by having to refuse over 50 customers dinner on the night in question, assaulted complainant. The defence alleged that the assault had been committed under great provocation, and under tho mitigating circumstances it was justified.

After hearing evidence, His Worship hold that an assault had been committed, and convicted Durrant and fined him 10s. N -

INSPECTOR AND TRAM CONDUCTOR As a rosult of a tram conductor named James Victor Cakebread having been remonstrated with and put off his car by Inspector Alfred Dowding, tho parties appeared in Court yesterday afternoon, when tho former charged the latter with assault. Prom the evidence given it was gathered that Cakebread was travelling in uniform on the back of a car to report for duty at Lambton Station. Ho had his pipe in his mouth, and when the inspector • boarded the car he requested complainant to remove his pipe. The latter refused, and tho inspector forthwith put him off the car.' It was contended by Mr. .T. O'Shen, City Solicitor, who appeared for defendant, that Ihe act was justifiable under the circumstances. Having heard tho facts of the case, His Worship said that plaintiff had brought the .trouble on himself in disobeying the orders of his superior oHicor. Tho assault was of a trilling nature, and the information would therefore bo dismissed. • MISCELLANEOUS CASES. Alexander Scrimgcour used obsceno language in Tni Street, and the offenco cost him a fine of (405., tho alternative being fixed at seven days' imprisonment. Arthur Short was described by Inspector Hendrey as being "the most foulmouthed man in Wellington" when accused appeared to answer a charge of having used obsceno languago in Manners Strefet \vhilnt in a state of intoxication. Ho was fined 405., in default 11 days' imprisonment for using tho obscene language, and 205., or soven days' detention, for being intoxicated. For having broken tho terms of her prohibition order, Maud O'Connor was fined 205., with costs 75., or seven days' detention. ... For committing-a grossly indecent act R. Joppson was fined 205., with costs 75., in default seven days' imprisonment. A. Duncan and William Foglia, having kept thoir shops opon on Sunday ami sold goods, wcro each, lined 205., with costs 7s. Tho alternative was fixed at li days' dotontion. Frederick CiODrge, alias Smithj alias

Burberry, was charged with the theft of two gold bangles, valued at .£ll 25., the properly of Kitty Bums. Ihe alleged theft is said' to have been committed from tho dwelling of Tloron.ce Poulsen. Inspector Hewlroy, in applying for a remand .slated that accused was at present waiting to bo tried for a similar offence on another occasion. As this case is to bo heard on October U, a romand was granted till that date. A fino of As., with 7s. costs, was inflicted on Arthur Albert AViffin for allowing two horsos to wander at AVadestown. „ , , Louisa Tierncy was fined JOs., in ocfault tlirco days' imprisonment, for insobriety. John Clifford Crowley was sent to gaol for a month without the option of a fino for having stolen a micro-telephone, valued at 255., tho property of the New Zealand Government. The article had boon found on Crowley when the latter had been arrested for drunkenness, and no satisfactory explanation had been given, as to "how it had como into his possession. Mr. E. A. Shrimpton, telegraph engineer, giving evidence, stated that during the past six months 1G different micTOtelephones had been stolen from slot machines in the outparts of tho eity. According to the police records Crowley had been previously convicted for similar thefts in Christchurch.