MAGISTRATE'S COURT

Dominion, Volume 11, Issue 1, 26 September 1917, Page 9

MAGISTRATE'S COURT

OBSCENE LANGUAGE SIX MONTHS' IMPRISONMENT At the Magistrate's Court yesterday Hγ. S. E. M'Onrtliy, S.M.. was on the Bencli: A small riot eccurred in Jessie Street on Monday, when Constable Scarry endeavoured to arrest a woman for drunkenness. It appears that Marie M. Smith and her husband, Albert Sidney Smith, were on their way homo, the woman being under tho influence of drink, and attracting (lie attention of the people tvho were about. Constable Scarry, who was ' n the neighbourhood, made an effort to arrest tho woman, when she made use of obscene language. Her husband then came up and struck the constable In the face, blackening one of his eyes. Henry Sherborne, who lived with tho Smiths, then came on the scene and interfered with the constable, who was in plain clothes, out when told that lie was interfering with ;v con-stable-.in the execution of his duty he deeisted. Yesterday morning Mrs. Smith was charged with being drunk and using obsecno language, and to both charges she pleaded guilty. Albert Sidney Smith was convicted of using obscene language, also with assaulting . Constable James Scarry. The female accused, in pleading Biiilty, stated that the had two little children, and asked for a , chance. "What is the condition of the children?" asked the Magistrate. "They are in a filthy condition," was the reply of the constable. Then followed a painful scene; The woman said, "Wnat a lie! My children are in a spotless condition. . X am 'eady to take anybody to Bee them. 1 must fight Xor my chilnrcu and my good name." After hearing tho ovidence- the Magistrato sentenced Mr. and Mrs. Staith to six mouths' imprisonment each for uains obscene language, nnd convicted and discharged the male accused for assaulting the constable, and' the woman for beinff Sniiik. Henry , ■•'Sherborne, for interfering with tho constable while in tho cxcisutiou of hiß duly, was convicted and discharged. The latter explained that he iind been in the military police, and when he interfered lie was not a ware that.hr. was interfering with n constable. As soon as he knew tliis he desisted.

John Kennedy Thomson was convicted of being found helplessly drunk, and was ordered to nay niodical expenses. XL There «iia a eccond charge of theft of £15, the property of Ruby Thomson; but it vas witudratrn by complainant. A man from the nack-bloc-ks, a bushfeller by occupation, Darned William Barclay Kail, came into town With a largo Bum of money, and started-on a drinking bout. . Ho was a-.TCBtcd and snent a: veefc in gaol, receiving medical treatment. A aum oC £86 was found on him. Hi! u'as further charged with failing to enrol under tlio Military Service Act. XLr. ft. H. Cornish, who appeared for accused, slated that the man had been a bushfellcr for somo years, and some time ago ?ufcrtd from concuwion of Mid brain us tho rtsuit of an acciiloiit in tho bush, and W negligence to enrol could probably bo attributed to this. Ho was convicted and lined £5. in default one month's iLim'isonlnent, and on the charge of drunkeancßß ho ivas convicted and ordered to pay the Diedicnl oxpoimcs. . i A "liglithoutic, '• Wilii several ticvious conviction!) against him, named John Williamson, was - convicted of the theft of Bs. 6d., Uio wronerly of Charles JlCavJey, a soldier, also with selling liquor to il'Cauloy without sv ijiconce. The acemscd sold M'Cauley a bottle of whisky for Bs. 6d. and was later paid tho samo amount for a second bottle, which ho failed to deliver, Inspector Marsack, In referring to the man's previous conviction!-, said he was making tho eoldiere drunk, about the streets, far more so ! than was the case with tho Hocused houEes. Williamson wue Beulehccd to three months' imprisonment on each charge, the terms to bo cumulative. . " . ■ Peter Burke, who was found helplessly drunk iu Willis Street ori Monday, was remanded for medical treatment. : A further remand for a week wag granted in the case of William Ellam on a charge of assaulting Peter. Mouet in a railway carriage between Koputaroa, and Levjn, so as to cause him actual bodily harm. ' ■' CIVIL CASES. Hr. W. G. Bidden. S.M., heard the civil cases in the Magistrate's Court yesterday. Judgment was given for plaintiff by default in the following, cases:—Hotel' anfl Restaurant Workers' Union v. Charles C4rovos, if'. Bs. 6d.. Mists 55.; WV S. Thompson anu'tTo. v. Frank Culver, X 3 Bs., costs 125.; Trustees of tho Estate of the late John Norton v. G. Taylor, £3 Is., costs 13s. JUDGMENT SUMMONS. In a judgment summons case, T. Anderson was ordered to pay Herb. Price the sum of £1 11s. 4d. by October 9, in default 24 hours' imprisonment. MONTJMENTAT, MASON'S CLAIM. : Henry Glover, monumental , mason, for w'honi iir. A, H. UintTmarsh appeared, pro-' ceeded against Isabella Eussell, widow, to recover the sum of JBI2 Zs. Id. for work done. The. defendant instructed plaintiff to erect a tombstone on her husband's grave in the Karori Cemetery, and the work was duly cxeouted. The contract price was £24 4s. 2d., of which £12 Zβ. Id. had been paid by tho defendant. There had been ah unfortunate difference between tho defendant and her father-in-law as to the proportion to bo paid by each, which had led to the. deadlock. After hearing the evidence the Magistrate gave jtirlg-ment for plaintiff : for the amount claimed, with costs £3. Mr.' F. Holdsworth appeared for the defendant. , CLAIM FOB POSSESSION. The Public Trustee (as administrator of the estate of John Merry) sued Walter Monkhouse, painter, 22 Tory Place., for possession of a tenement and recovery of rent. Judgment was given for possession, and plaintiff was awarded the sum of £2, with costs totalling £1 12s. CLAIM POE WAGES. W. Campbell proceeded against J. W. Harrison, hairdresser, Lambton Quay, to recover £4 55., being 305., wages for three days actually worked and £3 ss.', a week's wages in lieu of notice. Defendant, coun-ter-claimed for £2 65.. being 20s. for damage to a vibrator, and 255. for loss of trade owing to plaintiff leaving defendant's employ without notice. After hearing evidence, iudgment was given for plaintiff for 255.. and costs 425., and on the counter-claim, defendant was non-suited, with costs 21s. . ■ ■ . JUVENILE COURT. In the Juvenile Court yesterday morning, before Mr. S. E. M'Carthy. S.M..' two youths, 15 and 17 years of 'age respectively, were charged with wilfully damaging a hedge in Wakefield Park. The facts were that tho boys wore skylarking in the park, and broke through the hedge several times. They admitted the oflence, but contended that the act , was not wilful. The Magistrate remarked that a wilful act did not necessarily mean that an axe wjra used or the. damage caused in any such way. He thought there was wilful damage, and adjourned the case sine die conditionally on the lads paying for the damage, which they agreed to do.