MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3197, 22 September 1917, Page 12

MAGISTRATE'S COURT

POLICE AND BY-LAW CASES ILL-TREATING HORSES At the Magistrate's Court yesterday Mr. S. E. M'Carthy. 8.11. presided. PJiillis i'errars was sent to prison for twelve mouths for loitering in a .public place for immoral purposes, contrary to ihe War Kogulations. Ou a charge cf drunkenness she was convicted and discharged. A. soldier nflmed John James Eoss was convicted of drunkenness, also with using obscene language, and was ordered ttf 1 o handed ever to the military authorities. James PaJmer was sentenced to three months' imprisonment for stealing a hat valued at 10s. 6d., tho j/ropertv of Hallen6tein Bros., and for drunkenness was convicted and discharged. Allan Jl'Gregor ivae fined £2, -in default 14 days' imprisonment, for being disorderly while drunk in Willis Street. For insobriety William Butterfleld. was fined 205., with the option of serving seven days in gaol. Two first offenders were, each fined 10s., in default 24 hours' imprisonment. A remand to Wednesday next was granted in the case of James Glenn,, charged with fraudulently retaining a Rpstal package letter and one silk camisole, valued at 255.. whioh. ought to have been delivered to K. Oorson, also with, elcalins the sum ot 255.. tho property of Albert K-owland Durrant. . For committing a hreach of his prohibition order Arthur Morris wa« fined <os., in default 14 days' imprisonment. James Oavoll, convicted, of using obscene language on hoard the. ferry Etea-mer Cobar, was ordered to eome up lor sentence when called upon, and report to the Probation Officer once a fortnigat for a period of twelve months, and at his own request a prohibition order was issued against him, to be operative for twelve months. For holding a> bulldog by the chain in a manner to obstruct the pedestrian traffic in Lambtou Quay, John titurrock Bobbie was , , fined £5, with costs 75., in default one month's imprisonment. A family quarrel was .responsible for Hugh MonegJian, for whom .Mr. (r. G. G. Watson appeared, charced with assaulting Martha Itose Cowley, also with -wilfully damagins a window valued at 306. .■Jγ. H. F. O'Leary, who appeared for complainant, said that tho defendant was married to a sistor of the complainant, a'nd there were some family differences. Konagha-n went to Ilrs. Cowley's house and asked if his wife was there. Be was told ahe was not there, Jind returned later, -.vhen he appeared to have been drinking; be also had an open iesor in,his.hand. His attitude was threatening, and Mrs. Oowley was in great feftr. She ran away, and defendant followed, but she mauagcA to get clear of him. There was no desire on tho part of' the complainant to lave the defenifant punished, but she wished to have him bound over to keep tho peace. After hearing tho evidence, and at the request of the defendant, the Magistrate bound the defendant over to keep tuo pea«e for twelve months in one eurijiy of £25. The second chfl-rgo was withdrawn, the damage having been mado good. ILL-TREATING HOE<3ES. Samuel Bray, carter. Island Bay, was fined £1 lus. and costs, in default two months' imprisonment, for cruelly ill.treating a noreo. The .facts were that defendant turned out a. draught berse into a paddock with other horees. one cf which, kicked it and brake its' leg. The horse was lying on the ground neir a. fence, attached to a .hquse. In order to get the animal a.way from the fence defendant tied a rope around its reok and dragged it along the ground. The defendant said* this was tnc onlj convenient way of removing the horse which, was eventually destroyed. William King, driver, 235 Taxanaki Street, was, on the information of (Japtain James Henry, inspector to tbe 5.P.0.A., charged with ill-treating a horse by working- it while it was in an unfit condition. Mr. E. if. Webb appeared to prosecute, and Mr." H. E. Evans represented the defendant. Inspect-of Bcnry stated I that on September 10 he eaw tho accused in Customhouse Quay, when ho was in charge oi four horses end a lorry drawing a big load of building piles. lie examined tho horses and found a large sore on the ouVaiiS under the collar of a hay mare that was in the lead. The sore was taw.and the flesh was tender for some distance around the sore, which was causing the animal a. good deal of pain. .

Constable J. O'Connor stated that le examined tho horao and expressed tho opinion Hat it was cruel to "work tho horso under the conditions. Tho defondant, in Wβ evidence, stated that the animal had hera purchased live or sis; weeks previously, when it had a rather bad sore on the shoulder. It -tas turned out, and. when it witf put to ■work the sore was practically healed. Every precaution was taken to prevent tho collar rubbing against the sore. The collar was padded, and ho maintained that tho horso had not suffered at all. Alexander Milligan, veterinary surgeon, stated that the horse was brought to him for examination. The Jiiare was iu good condition and good health, except for a sore on tho shoulder. Ho examined the collar and fitted it on the animal, and was satisuod that tho very best, protection was provided to prevent the sore being chafed. It was generally held that it was hotter to Avork a horse with a fore provided the sore was well protected. The recovery was auioker end tho sore healed better. King was very careful of bis horses. After hearing the evidence the Magistrate recorded a- oouviction, and fined tho defendant £2 and costs, i Bl'-LAW CASES. Thomas Connelly, for driving a motorcar at a fast pace round a street corner, wus lined £Z and costs. For leaviug a vehicle unattended iu tho street John Kicks was fined 10b. and costs 7s. Edward Tucker, for driving two horses at Jsljiud Bay and not having them under ciopef control was lined 10s. and costs. The defendant was driving tho horses into a paddock when one broke away and ran across tho tram-line while a tram was approaching, causing the motorman to apply the emergency brake. For allowing stock to wander D. 1". Matthews was fined £i and costs, in default ill days' imprisonment. Edward John Parker, convicted on a. similar charge, ivas lined 10s. and costs. ■ ' INDECENT HOTUEE. Solomon Gordon, picture framer. Cuba Street, for whom Mr. A. H. Hindmarsh appeared, was charged uutier tho Indecanl Publications Act with exhibiting iu his shop window a photograph of a nude woman holding in her hauds a pair of ducklings, and entitled "Chickens." The facts were admitted, and Mr. Hindmarsh cxplainod that the defendant purchased his pictures from the wholesale houses and did not import them. It was iuu\cult for him to say what picture came nnder the ban of the Act. The police had visited the defendant's premises on many occasions, and whenever he had been advised that a picture was beyond tho limit he invariably destroyed the picture. It hod been held that a picture that was. not indecent in aji art gallery may be indecent when exhibited in a window. Counsel maintained that the picture was not really os bad as wai contended by tho prosecution. The Magistrate observed that it had been hold by a London Magistrate that a picture that was permissible for exhibition in au <irt gallery may be indecent when shown in a shop window, be-, cause of the influence it had on the young and immature. The defendant was connicted, and fined £5 and costs.