MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3008, 20 February 1917, Page 9

MAGISTRATE'S COURT

POLICE CASES

SALE OF OVER-PROOF HOP BEER

Mr. h. 6. Reid, S.M., presided at tho Magistrate's Court yesterday. Thomas William Ford' pleaded not guilty to being an idle and disorderly porson in that ho hnd insuffijiunt lawful means of support. Inepiutor J!orsack etated that tho man »-«s found sleeping out on a vacant secn»n on lv»iwarra Road. Ho was wani'i ty'tho constable at Petono to get to work. Accused persisted that he had been at work during tho pa-it foitnjgjt, and could have gone tx> work thnt cay Win he not bean arrested. Ho was convicted and sentenced lo eevon daj'B imprisoninont. , -, r n Michael James Nash, fur when Mr. P. Jackson appeared, pleaded not gmlty to being an neorrigible rogue in that no habitually consorted with ToputeU thieves. Tho accused had been previously convicted as a rogue and a vagabond. Constable Brennan stated that up to fivo or six weeks ago accused had been knocking about the streets of Wellington apparently doing nothing. At tho time the warrant was issued the accused was in hospital. Tho constable detailed tho dates on which ho saw accused in tho company of reputed thieves. Constable Cox and Piamclothes Cotistablo Black gavo corroborative evidence. Mr. Jackson, for tho defence, explained that the accused was in hospital for 45 days, and camo out on February 12; he was still an out-patient of tho hospital, and had obtained work of a kmd at the hospital. Mr. Jackson thought it was rough on the man to bo called upon to defend a charge laid before ho went into hospital. There was nothing against him since ho came out of hospital. Hβ was convicted and ordered to como up for sentonco when called upon._ For ' insobriety, Maurico Michael, against whom there was ono previous conviction, was fined 55.; Robt. A. Hogg, also with ono previous conviction, was fined 10s., in default three days' imprisonment. Patrick O'Day and Thomaa Reeves, against each of whorii thero nvoTe four previous convictions, were fined 20s. each, default being fixed at seven days' imprisonment.' A first offender was convicted and discharged. A prohibition order w.ns issued by consent against Patrick Joseph Sheehy. OVERPROOF HOP BEER. Harry Davis, a , small shopkeeper, _ of Cambridge Terrace, was charged with selling liquor without a license contrary to tho Licensing Act, 1908. Inspector' Marsack prosecuted, and Mr. J. J. M'Grath appeared for tho defence. Sergeant Fitzpatrick etated that ho called at defendant's. shop on February 5, and secured samples of tho hop beer sold by defendant, who was perfectly frank and open. There was no suggestion that tho man was a sly grog seller. Ho was not even aware that he was obliged to have a license for tho manufacture of hop beer. The defendant may have concluded from what passed that ho would not be prosecuted. Mr. M'Grath admitted tho facts, and stated that tho man erred in ignorance, no had a little shop in Cambridge Terrace, and sold hop beer of hie own manufacture. The Act allowed 8 per cent, alcohol, and somo of the samples taken by the police contained' more. In tho manufacture too much sugar had been used. The defendant's bona-fides were undoubted, and Mr. M'Grath thought that under tho circumstances a email fine would meet the case. His Worship agreed with counsel and fined accused 10s. . . MAINTENANCE CASES. Bernard M'Konna, in whoso case tho arrears amounted to .£l6 55., was ordered to pay 10s. per week, in the alternative ono month's imprisonment. In the oaeo of Jeremiah Stanislaw Pope, the arrears mere reduced to .£lO, and defendant was ordered to pay 10s. a week. A separation order was made in the case of Agnes Park Udall v. John TJdnll, and tho defendant was ordered to pay ss. a week for his wife's maintenance and 10s. a week for tho child. In the case of Laura Cook v. Thomas Herbert Cook, a separation order was granted, and the defendant was ordered to pay 20s. towards the maintenance of his wife. ALLEGED 'CRUELTY TO A HORSE. A k<l named F. Johnson was charged ■with , cruelly ill-treating a horse.in his charge by causing it to work while it was unfit to <lo so. J. R. Physick, the owner of the horse, was also proceeded against on the same charge. The case ■was brought by the Society far the Prevention of Cruelty to Animals, for whom Mr. Webb appeared. Mr. H. F. CLeary appeared for the defendant, J. R. Physick. Captain Henry. Inspector of the S.P.C.A., etated that when he saw the "horse it was lame, and was suffering from ringbone, and a tendon was swollen. Frederick Johnson, tho driver, a lad aged 14 years, stated thnt wlien ho got the horse out in tho morning it was not lame. The statement he made to Captain Henry that the horse was lamo in tho morning and that ho hnd told Physick of it was not correct. Ho was not now in ,the employ of Mr. Physick. He denied the accuracy of tho other statements he had mado to Captain Henry. His Worship said there w.as nothing in the evidence on which to convict Mr. Physick, and the caso against him would l?e dismissed. . Johnson pleaded guilty, and was severely cautioned by the Magistrate. Hβ was convicted and discharged.