MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3020, 6 March 1917, Page 9

MAGISTRATE'S COURT

POWERS OF THE POLICE AUECED REFUSAL TO ANSWER QUESTIONS.

Mr. L. G. Reid, S.M., pressed over Court ElUi " 2 ° f the Ma S> s " trato ' B

John Whitelav appeared on charges 01 tailimr to answer questions tlemand- ™, ot ", Im m regard to enrolment under the Military Servico Act, and Jailing to make application for enrolment in the Expeditionary Force Re-

Inspector Mnrsack said that tile ?, lar S c r . was laid under Section 44, of tho Military Service Act, which empowered any. constable, after tho enrolment of tho First Division, to question any man who might reasonably be supposed.to be of military age. Tho accused was questioned by, a. constable, as to whether he had enrolled or not, and ho refused to give any answer at all. From investigations "arising out or that matter camo the second charge, that of failing to enrol. The .onus of proor, was, of course, upon the accused and not the complainant in this case. Constable Smith gav> evidence that the accused refused him any information regarding registration under the Act.

Accused: Did I use the words, "I sent in the form?" Witness: "No, you refused to say anything about it. Constable Wallace also eavo evidence.

Accused, in the -witness-box, made a statement that ho told the constable ho had poeted his enrolment form, but had. received no acknowledgment. The postal authorities had abused him in tho matter, and he had turned, them down for ever. He would never' post another letter.

His Worship said lio thought it advisablo to remand the cases for three days to permit of the defendant being medically examined.

A BREACH OF THE PEACE. John Dowdall was charged with breaking tho peace In Dison Street. Evidence ivas given by a constable- to the effect that he arrested ,tho defendant for breaking tho peace in Dixon Street on Saturday night, whilo a Salvation Army meeting, was in progress.' Defendant interjected whilo a speaker was addressing the mooting, and a man told him not to be-eilly. Defendant thereupon used threatening behaviour,and witness arrested him.

Defendant entered upon a cross-ex-amination of tho constable, letting drop cryptic references to opinions he (do-' fondant) held/ Under tho AVar Regulations Act, ho remarked, it was very difficult for hiin to "oppn theso opinions out" without coming' under tlia: law. ■■ j

"You woro in plain clothes, constable, woro you not?" -was one of tho questions defendant asked. "Yes," replied tho witness. "And I thought you woro-a friend taking mo out of Iho jcrowd. I know who iny friends aro now," was defendant's comment.

Asked whether ho wished to.givo evidence on oath or mako a statement, defendant replied: "I'll address tho Court whoro I stand, and.ho proceeded to _ give tho. Court his history as a citizon, but was interrupted.'by Hie Worship. ■

■ Defendant finally said that at 8.30 on Saturday night he went from tho Royal Hotel to Dixon Streot to seo a friend. When ho got there a meeting was' taking place Owing to a statomont made,, he interjected, and a man in tho crowd turned round and called him a dirty.cur. Witness said to him : "Come outside" and we'll settle it." An altercation took- place, and in that altercation witness said he. certainly hit tho man. "Well," added/ witness, " a constable camo along and said: "Como on, John, wo're waiting for you," and now he's got mo hero. His Worship imposed a fine of 205., with tho alternative of seven daysV imprisonment. ' /■ OTHER. OASES. . j For insobriety, Margaret Williams was fined 10s., with' the alternative of threo. days' imprisonment. Catherino Mary ■■ Smith, alias Kitty Andrews,'. was convicted of insobriety and was (discharged. On a charge of using obscene language, she was fined 205., in default soven days' imprisonment. Alexander Aspin was also fined 20s. for -using obscene language, and waß convicted of helpless drunkenness, and': discharged. • Michael John Murphy and Donaldi M'Niven, who had fought in the streot, were- fined ss. each.

Henry Allan was remanded to appear later on a charge of assault. Hβ was allowed bail in the sum of £50.

Florenco Palmer was remanded' till Thursday on a charge of loitering in the etreot for the purpose of prostitution, i

Oliver Chittle was aonvicted of possessing insufficient lawful jnbans of support, and was discharged on condition that he made an attempt to obtain employment. Samuel Grant, an old man who had gone to the police station eaying he waa hungry and had nowhere to go,, was remanded till today on a charge similar to that preferred against Chittle. An endeavour will bo made by the police to have him admitted to some suitablo institution.

John M'Donough, a mere lad, was convicted of deserting from an overseas steamer, and was ordered to 'be detained till ho can be placed on board his vessel.

MAINTENANCE CASES. The following .were dealt with _as mentioned on charges of disobeying maintenance orders issued against them: —John Wren, sentenced to 14 days' imprisonment, warrant to he suspended so long as defendant pays 2s. 6d. a week off arrears (£20); Helen Jane Garrott, seven days' imprisonment, or weekly payment of 35.; George Henry Bradley, 2s. 6d. .a week to be paid off arrears; James Patrick/ O'Shea, 10s. a wcok to bo paid oji arrears. R. C. F. G. Worth was ordered to pay an increase in respect to a maintenance order against him, makinjj in all 28-s. a week. In the case of Joseph Colcquift the arrears wero remitted, and the order i |Te3uced to 2s. (3d. a week. Marea Lucena was ordered, to pay; 2s. 6d. maintenance weekly. «