MAGISTRATE'S COURT

Dominion, Volume 11, Issue 91, 10 January 1918, Page 9

MAGISTRATE'S COURT

HOW IN A BOARD!.\ T GHOUSE,

At the Magistrate's Court yesterday llr. S. G. lU'Carthy, 5.M.,. presided and dealt with the police cases. Itobert John Ashley was charged with assaulting Donald M'Donald, the proprietor of the Jlcd Light JJonrdiii;;liouse, 42 Ghuznee Street, on New Year's Day. Donald M'Donald, proprietor oi the Eed Light Boardingliouse, 42 Ghuznee SLreet, stated that the accused came to the house on New Year's Day. Witness brought in two bottles of beer, and when a friend came in lie was opening a bottle, when lie accused asked to bo allowed to open it. This was refused and the. next thing iliat occurred was that/ witness was struck with an iron bird cage, with a parrot in it. When he came to the accused threw a jug at him. He was cut about the headland had to go to the Hospital for attention. Witness held accused down until the police came-and arrested him. J. Wilkinson,' a bricklayer, said that on New Year's Day ho was in the lied Light Boardinghouso kitchen, and witnessed the assault. He said that when M'Donald was opening thoi beer accused wanted to help, but was.told by M'Donald that he could open his own • beer. Accused hacked out iuto the diningroom, got liold of a bird cage with a parrot in it and threw it at M'Donald. Accused also throw a chair and a jug at M'Donald and witness. M'Donald seized the accused and held, him until witness brought in a constable, who arrested the accused. Inspector Marsack asked that the man be leniently treated. Hβ was a returned soldier and had been gassed in France, and it was probable that the liquor he took upset him. Ashley was convicted and fined £u and expenses of witnesses, half the amount of the fine to be handed to M'Donald. John Hill, a. member of the erctt' of an overseas vessel, pleaded gu'lty to using obscene language in Courtenay Place, and was fined £5, in default one month's imprisonment, and iti the latter ovent ordered to be placed on board his vessel should it, sail before the expiry of his term or iniprisoitment. A young woman named Minnie Campbell was charged with being a rogue and a vagabond in that sho i>ossessed insufficient lawful means of support. She had been previously convicted of being an idle, and disorderlj person. Accused pleaded guilty. Inspector Marsack stated that- the accused had been sleeping out sovera. nights and had been without food fm some days. A sentence of six months 1 imprisonment was imposed. For insobriety, Thomas Clarke va: fined 205., with the alternative of 4! hours' imprisonment, and John Pat rick Downed was fined -10s., with tin option of serving seven days in gaol Of three first offender?, two were fmec 10s. each, in default 24. hours' impri sonment, and the third, who failed U appear, was fined 205., with the alter native of -IB hours' imprisonment.

. . THEFT OF A MOTOR.CAR. Frederick Emanuel Simmiss was charged that on December ii lie did steal a motor cai\ valued at £185, thu property of Stanley ilurgess. ■ Mr. H. i!'. O'Leary appeared lor' accused. _ Inspector jYlarshck-said the facts oE tho case were t/hat accused took the. car from a garage, drove it to Wangiuiui, and offcred.it for sale. . Stanley Burgess, lruiterer, Riddiford Street, said •he was the owner of the car iu question. He left tho car in Leach's (jsirago on lu consequence '• of soriiethiug: ho. .had heard : he went to the garage and' found ihat his car Was'musing. Accused had no right to it and no right'to oiler it fnr sale. : '

James Leach, propiretor of the Lon-1 don Motor School and Garage.ju Adelaide lload, said that tho cur in question was left at-the-garage on November 28' by Stanley Burgess, and on December 3 was missing. It had been removed without'his consent. He had known the accused for a. few dnys. He had. given him- a fow lessons in driving, but had not authorised accused to take the car and sell it. A day or two after the.car was missediho received a telegram to the effect, "Sold tho car for £200. Will be down to-niorrotv." Herbert L. W. Quinlan said ho, worked at Leach's Garage. The motor car in question was in the garage for soma weeks. He knew the, accused, who came into the'garage-between 1 and '2 p.m., cranked up the car, and , drove it, out.' Witness asked him where he was going, and accused replied that he had a buyer for it.

Thomas H. Nixon, proprietor of a motor garage in Wangainii and agent for tho Chalmers car, said that on December 9, in response to a message, he went to'Jiastown and met accused, who said he was a son, of Dr. Knight, of Wellington. He had. the motor car iu question with him. Ho said he wanted to buy a new Chalmers car, and offered the car he had with him as part payment. "Witness at hrst agreed to allow him illOO 'on the car. After making inquiries ho became suspicious and held on to the car until he handed it over to the police. Mounted Constable John M'Mullaii, stationed at Wanganui. gave evidence as to arresting accused at Wanganui on December 10. Accused made a statement in which bo said he had seen two. years' service at the front and since bis return to New Zealand he had practically done no work. He admitted taking the car without permission. This concluded the case for the prosecution. Accused then pleaded guilty and was committed to the Supremo Court for sentence.

BANKRUPTCY CASE. In the case of the Official Assignee (S. W. L. 11. Tansley) v. Arthur Wal.loikt Scliaef, the latter a. photographer, having been adjudged a bankrupt on September 25, was .'.•barged that he did, within three years before the commencement of his bankruptcy, fail to keep such books and accounts in the business carried on by him sufficient to set forth his business transactions and disclose his financial position ; also that he did conceal part of his property, namely, £1500, ..from the Official Assignee on or about October 5, after the presentation of the bankruptcy petition against him; further, that he did fail to deliver up possession to the Official Assignee the sum of.. £1500, which was divisible amongst his creditors, ami' which is in his possession or under his control. On the application of Mr. V. AY. Jackson, who appeared For Schncf, the hearing was adjourned to January 16.

OTHER CASES John Elliott was charged with indecent assault on a little girl yged fivo on January 2. Mr. Douglas Janksqn appeared for accused, who pleaded not "iiilty, reserved his defence, and was committed to the Supreme Court for trial. Bail was refused. The caso against John Carrig, for whom Mr. H. F. O'Leary appeared, charged with indecently assaulting a male on December 31, a remand to January 16 was granted, bail being allowed in £250 and two sureties of £125 each.