MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3191, 15 September 1917, Page 12

MAGISTRATE'S COURT

POLICE AND BY-LAW CASES

At. tho Magistrate's Court yesterday Mr. S. E. M'Oarthy, S.M., presided. Robort M'Murray anil Keyer Gorrit Slip wero charged with using threatening bohavlour in Grey Street whereby a breach of tho peace occunjed. It was shown in tho evidence that Mlturrity, who was very much under the influence of liquor, was tho main cause of tho trouule. Tho two engaged in a stand-up fight In tho street, •iud. a constable -appeared on tho sceneand arrested tho two men. M'Murray was fined £2, in default seven days' imprisonment.. Tho information against iJtlp was dismissed.

Adam lloutila, for whom Mr. 11. F. O'Leary appeared, pleaded guilty to (losortiue from au oversea vessel in , August of last year. Mr. G. 0. G. "Watson, on behalf of tho shipowners, said tho company did not wish to press for imprisonment in view, of tho lact that tho man sinoe his desertion had engaged in useful work. He thought, however, that defendant should pay the expenses (£3) incurred Jjy the company. The information was *Hndrawn by leave of tho Court, conditionally on defendant paying £2 forthwith and £1 in seven days. Martha Wilson, an elderly woman, for whom Mr. H. p. O'Leary appeared, waa .charged with assaulting "her daughter-in-law, Prances Elizabeth Ooyno. Thin was tho result of a family disagreement really between the father and son. so Mr. O'Leary explained. After hearing the evidence tho information was dismissed by the Magistrate.

For committing a breach of his prohibition order, William Alfred Phillips was nucyl 40s. and costs, in default fourteeen ua,'ys' imprisonment Joshua Ede, a lorry driver, was charged wiih tho theft, ou September 7. of three okgs of sugar of the value of £2 Bs., the property of the , Wellington Harbour Board. Mr. H. P. O'Leary appeared for accused, who pleaded not guilty. According to the evidence, the accuseUMvent to B shed for a load- of 150 bags of sugar, and it was contended- that had the accused stacked the sutrar in tho usual way ho would have had ton of fifteen bags . each, ■ but by the accused's manner of stacking there was an extra bag of sugar in each of three tiers. The peculiar way of stacking aroused tho suspicion of one of the storemen, and he gavo information to" a higher official, with tho result that the lorry waa unloaded in 0 shed and the bags counted, when it was found that there were 153 bags in the load. Accused signed Jjor 150 bags. When arrested, accused said he must have made a mistake in counting. For the defenco it was contended that the onus of delivering the correct number of bags waa on tho Harbour' Board officials, and the method.of stacking the goode on the lorry was no concern of theirs. The carter never left his lorry, but as two storeinen threw the bass of sugar into the lorry he .stacked them. It was quite posEible for a man when bustled to depart from, tho regularity of tho tiers and place a bag where convenient. The Magistrate agreed with this view and dismissed tho information. , ■ •'■ :;BY-LAW; CASES. A fine of 205., ; with costs 75., was Imposed on H. : Nattraes, > convicted of driving'a motor-car in the'city with dazzling lights. . . .-. ■ . . There were two charges preferred against Ernest Biggs, namely, driving, a motor-car in a prohibited street, and driving a car without lights. Ho was fined 40s. and costs on the first charge, and on tho second he was convicted and discharged. For having insufficient licrht on his motorcar, John Marshall, who had been previously convicted, was fined £3 and costs. William Nicols was fincS £2 and costs for having no taityight on his motor-car, and for having insufficient light on his car on a subsequent occasion ho was convicted and discharged. : For leaving a vehicle unattended in Adelaide Road, Samuel Garland was fined ss. and costs. WANDERING STOCK. There were several charges against P. Kavanagh, dairyman, for allowing stock to wander in Onslow borough, ono lot of stock consisting of eighteen cows and a bull. Mr. l>. W. Jackson, who appeared for the Borough Council, said that the defendant was an old offender. He was trying to keep moro , stock than his farm was capable of carrying, and the eattlo were turned out on to the roadways to craze. Defondant was convicted and fined £5 with costs and expenses, and ou other charges of la similar nature ho waa convicted and 'discharged. For allowing stock to wander, Charles Boniface was fined 10s. and costs 75., and William Kice was fined 10s. and costs 14s. 6d. f ■■ ■ ' . \ "OTHER BY-LAW BREACHES. A hawker named Walter Turner, for failIng to remove his fruit cart from Cuba Street to another atrect when ordered to do so by a constable, was convicted and fined 10s. and.costs 7s. William Hamilton Boyd. storekeeper, Hataitai, was charged with storing dangerous goods contrary to tho by-laws. Mr. J. O'Shea, who prosecuted, stated that Boyd had a licence to storo 25 cases of kerosene, but had no authority to store benzine. In coneequence of certain complainte, the superintendent of the Fire Brigade visited tho storo and found in all 85 cases of Union motor spirit and benzinu in a shed quite close to the shop. Hr. O'Shea emphasised tho danger of such proceedings. After hearing the evidence the Magistrate imposed a, tine of £5 and costs. Dr. 0. Prendcrgast Knight was charged under six informations of breaches of tho sanitary by-laws in respect of two honsos in Mnlgrave Street. Tho water services and connections were in ,a defective condition, arid at the time tho defondant. was notified of the defects he was preoccupied with the strike at the casworks. Eepaira had sinoe been made. On the first ohargo defendant was fined £2 and Court costs, and on the other chargee' ho was convicted and ordered to pay costs. The Plimmer's Stops Private Hotel Company (Rutland) pleaded guilty to a technical breach in permitting a drain to become blocked. Tho defendants were fined 40s. and costs. MILITARY PROSECUTIONS. ' On behalf of Charles William Grovee, who was , charged with failing to enrol as a reservist, Mr. E. SI. Bcechey explained that the. defendant enlisted in October, 1916, and was declared unfit. Having dono that he thought he was not under any obligation to enrol. Ho was convicted and discharged. Thomas Johnson and Daniel F. Wildermoth woro each fined 20s. and costs for failing to notify the Government Statistician of change of abode.

For failing to attend drill, H. li. I'arr was convicted, and ordered to pay coßts; J. Coomber waa fined 10s,, in default 14 days' military detention; and A. O. Jiobinson wan fined £1, with the alternative of 21 days' detention.