MAGISTRATE'S COURT
ALLEGED BIGAMY INTERESTING LAW POINT ;-A* case of alleged bigamy involving'in Interesting law. point was, heard before Mr. F, V; -IVazer, S.M., at : the- Magistrate's Court yosterday, when a young man 'named Walter Lander was charged with that whilst already being.married to Mary Lander ho did, at Godford, England, on October 15, 1917, go through a form of marriage with Hilda May Rouse, thereby committing bigamy. The prosecution, was r conducted by Mr. I-'.S. K. Mucassojv of- the Crown Law Office, who stated that tho accused was married to Mav-Richardson at Akaura, on tho West Coast, on October 9, 1912. He later 'enlisted with the New", Zealand Forces, and wont abroad. In .October/ 1917, ho went through ;a form of marriage at St...Mary's Church, Codford, and subsequently returned ta.New.Zca-. ■land with -Hilda May Rouse. Accused's first wifo was still alive. .-.-.Continuing, Mr.-Mncaesey said that the involyed -a. very .important, .principle of law as to whether a prosecution ■■ could be instituted in regard to an offence, of this'-nature committed in nny part of the world. A-decision of tbe Privy Council regarding ft. case In New Hoiitli Wales- was opposed to the view taken .by the prosecution, but the.wording -of the New South. Wales. Act dif,'fered from-tho -New' Zealand Act,"in • that • tho word "anywhere" vras' used. ' The Privy Council.held in this case that.the ■ word "anywhere"..meant "anywhere in New South Wales," but the New. Zealand Acfc.-inchided the words "in any part of tho.world.". Evideuce.wns then called. In her evidence, Hilda May Rouse ■stated siio was given to understand that Lander was «, single man, and she had no idea thot he was «.ninrrietl man till nftor she had arrived in New' Zealand witli him. , • Plain-clothes Constable' Russell said that when arrestod; accused admitted that he was tho poison whose name appeared on the marriage certificate. The accused also said' that he understood his wife had already been married whsn he-married her, as she went under so many different names. ,■ Formal ovidenee was eriven by W. W. Cook, Registrar of Births, Deaths, and Marriages, Wellinelon; and also Eliai'iboth ~C. Richnrd, .Registrar at. Ahmira. > , The' accused, who was represented by Mr.; H. P. O'Loary, pleaded not guilt} - , and was committed to tho . Supreme Court for trial. Bail was allowed in the'sum'of Mtt and one. surety of .CM.. ATTACK ON A POLICE CONSTABLE. A charge of assaulting Police Constable Samuel Small and causing him actual bodily harm was preferred against David Leech. Junnear. • - .- ■ • . Acting-Sul(-lii'spector Emerson prosecuted, and Mr. H. P. O'Leary appeared on behalf pi' the accused. ■ Dr. Young stated; ■'that ho examined Constable Small du January IC, and found him suffering from a wound on tbe right cheek extending into ' .the mouth, about one inch long, and a bruiso below the jawbone. The. wound could havo- been caused by tlie doghook (produced). ■ Evidence was given by Douglas Smith Patrick, draper, of- Cuba Street,-. who stated that at G. 15 p.m. ou January. 1G he saw., a constable arrest a drunken man in Cuba Street. Following the constable was a man with ?. doghook in his bond. The assault took place in Dixon Street, and witness was about to warn tho constable when the" assault took, place. The constable, released his prisoner,, and chased the accused. Witness saw that-the constable's face was bleeding, and-ho followed. The 'accused was caught at the corner of Cuba and Manners Streets, but attempted. to strike tho . with the. doghook again, and then broke away, being subsequently captured by a' returned soldier and ,ft 'policeman • ■ •' . . Police' Constable Small, whoso face;'is marked where ho received the ;blow, 6tated that he arrested a drunken man in Cuba' Street at CIO u.in. on January, 16. The prisoner came along quietly, when witness was suddenly attacked by the accused with'the doghook, which penetrated his cheek and entered tho gum,.which-was not yet healed. Witness gave -.chase, and caught ;ic.cused. _ hjineqlf- agajiist. j α-second attack from the.doghook, lie.hhd i to release accused. Witness continued j the chase, and with the assistance of! a returned soldier, who tooli: tho doghook from tho acoused, he mado him a prisoner. A Witness was indisposed for a week as a result of. the wound. At tho Police Station accused said he,was sorry for what he had done; ; ,' ' ' This-concluded the , case for the prosecution.' and Mr.' O'Leary'asked His Wor'ehip .to try tho case- in. the Magistrate's Court.. -Accused was.a man 'of previous good character,' . " ' ' •' •■ '• -■ ■ ■ '. His Worship remarked that-on assault on the' police was at any time a scri6ji3 offence, and the last time a policeman was attacked the offender received a' eentence in the Supremo Court which was quite beyond the sentence winch this Court could impose; - The case would have to go before the' Supreme Court: Tho accused "pleaded.guilty, and was committed to tho Supreme' Court for sentence. Bail Was allowed in the sum of .£SO, with one'surety of J!so.' ■ 'ALLEGED THEFT OF A .SUIT-CASE. A charge of theft of a- euit-case and a dress suit, valued at £12 125., the pro-
perty of .Joseph Percival Lavin, was proterred against a.young n'an named Angus. Gordon Foster, who vas represented by Mr, P. W. Jackson. Chief Detective Boddam stated that in March, IMS, .the accused was living with iLavin, and left later for Auckland, taking with him the suit-case and .dress suit. The accused had no authority to take the articles. -.T.he matter, was only recently reported to the police, and the accused was arrested in Diinedin, Tho suit-case had been- - recovered, but so far the dress suit had not.been reecivored, 'Joseph I'ercivnl Lnvin Mated in evidence that he had loaned the accused his dress-sliiton one. occasion. : Chief Detective Boddam, in evidence, Biiid that the accused slated that Lavin Had given Mm the suit-case and also the dress suit. ' Tho accused elected to bo dealt with summarily, and pleaded not guilty. Conneel, stated that whilst accused wris. living ■with Laviti his clitmt had borrowed the dress-suit on several oroasions, and had also borrowed the suit-case. • The accused •tvhs under the , impression that• Lavin had given-him tlii> dress suit. If the'accused was'under'this Impression, counsel held that' his client could not possibly lie. convicted of theft. "' Tho ■licensed gave evidence that he-had lived with Lavin, and that Lavin had treated him like a brother. He had worn the dress suit for soine considerable lime, aiid when he loft; the home of Lavin he took the drew "suit and "suit-case, Ihinkinc; it was his. ' Cross-examined bv Chief Detective Boddam, arhtsed admitted that he had stayed in a boavdingboiisi> in Auckland with h" woman who wns not his wife, nnd that .he. had travelled with this woman'to puneclin; 'where he was engaged to "appear ou the 'Fuller Circuit. He admitted also to. hnvin; taken linrl in champagne dinners nnd generally living in the lap of luxury, His Worship entered a conviction, and remanded accused for sentence till February 2(i, for the reason that the accused liad to stand his; trinl nt. Dnnedin on a charge of foiwy. liail was allowed in the sum of XlOOandone surety, of LfilflO. : THEFT CHARGE DISMISSED. Theft of an Imperial motor tyre, valued at £b ISs. Cd., the property of the City Carriage and Motor Works, Ltd., was the nature of the charge preferred against James Leach, motor engineer.' ' Detective Sergeant Cox, who conducted .the. prosecution, stated that the tyre was missed from tho premises in November last, and Was 'subsequently seen on a motor-cur, the owner of which elated he had purchased it. from die accused. On being arrested accused suid that bo had: bought the tyro from a city firm, but upon investigation this proved incorrect. ,C. B. 'Rush, manager of tho City Carriage and Motor Works, Ltd., identified t.he tyre, nnd Raid ho knew the accused well nnd had had previous 'business dealings with him, He had always found him an honest man. George Campbell Cooper, taxi-cab proprietor, said that he purchased the tyre from : the accused for ; £3, The accused said he had bought" the tyre and was selling it to witness for the same price as he paid for it. G. G. Riddiford, employed by A. V. Steward and Co., CornhiiL Street, : said that in November Inst tho accused purchased a number of second-band tyres from his firm. Witness sold them to accused.- Tho tyre, produced was not sold to accused. They did not stocK any new tyros. Willies; would not: have sold the tyre in rjiicfltion for less than i-T or J?i. To Mr. : H.- F. O'Lenry, for the accused: Witness did not think he could overlook a good tyre. The second-hand tyres lie sold all bad some rtcfect or other. He sold five or six tyres to accused for 3rs. (id. A. V. Steward admitted tho possibility of'Scoh a tyre beine in amongst the 4000 tyreg he had on his premises, but he. •was certain that the particular tyro ' could hot ire missed. The lyres were always looked over. ■; For the , defence Mr. O'Leary said that the "accused ■ would ewear that he had bought the tyre from Steward and' Co., together with several other tyres. Several witnesses"for the defence stated the. tyro had bee'n"-purchased from Steward and Cu. as a- scrap" tyre. It was -noticed lit the time as a Rood bargain, and tho accused took the lot.His Worship said that 'the evidence was very contradictory; and there was an element of. doubt, which tho accused was entitled to Hie benefit. of. Tho charge would be dismissed. His Worship j ruled thnt-as tho tyre, which unrlonbtcdj'ly Ij'elptifterl to' the City '-'Carriage' and Motor -Works, Ltd., had not been sold by tbat firm, it must be returned to them. ■ -' ' A BANKRUPT'S BOOKS. On the information of the Official Assignee (Stanley W. L. R. Tansley), Garnet tB. Holmes wns proceeded against on a charge that, lie being adjudged a bank-rupt,-had failed to. keep--proper .'books setting out his financial position during • the , three years preceding his bankruptcy. Mr. J.il'rendeville, Crown Law Officer, prosecuted, and Mr. 0. C. Mazengarb appeared .for the defendant. The Official Assignee gave formal evidenco as to the bankruptcy and as to ; the statements put in by the bankrupt.- . •'Morris Anderson, accountant, gave ovi-dence-asto the examination of the -bankrupt's.books. ' :. ■ ... For the defence, Mr. Mazenga-rb said .that it was clear from the evidenoe of the prosecution that there had not been any. attempt at frnud. The bankrupt had made an honest- attempt to keep his books properly, but he had not kept them in a manner whioh would permjt of .an- easy statement of his transactions being obtained. He submitted that if His
Worship withheld the bankrupt's, dischnrge. it would meet the case, After hearing part of the evidence of the: defendant', -His "Worship adjourned .the: ease till to-morrow; • ■•• OTHER CASES. ■'•-■■ A sentence of seven days' imprisonment was imposed on' Albert Hawes, who was charged with committing a 'grossly indecent act' in -Cuba Street. Hβ iva9 convicted and discharged for (IrunkimUCSS. One iii-sfc offender was fined 55. , for drunkenness. ' '
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Dominion, Volume 12, Issue 107, 30 January 1919, Page 7
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1,824MAGISTRATE'S COURT Dominion, Volume 12, Issue 107, 30 January 1919, Page 7
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