MAGISTRATE'S COURT

Dominion, Volume 12, Issue 146, 15 March 1919, Page 2

MAGISTRATE'S COURT

A FAMILY QUARREL ASSAULT ALLEGED \ r f .Before Mr. E. .M. Page, S.M., at the |j Magistrate's Court yesterday Ka to Astill |; made nu application that George. Sims j M'arley, otlienviso known as Garnet Sims, s jibyrticat eulturo export, be bound over , to kepjj tho peaco on the ground that ha j had u.waulted complainant. I Mr. A. W. Blair appeared for the complainnut, and .Mr. J'. J. O'Kegan repro- ~ septed tho defendant. , Evidenco was given by Dr. Puttie to tho > effect; that' an examination of Mrs. Astill ( had disclosed that she was suffering from n a (sprained ankle and various contusions j on the body, one of which was a very.' extensive one. She was also suffering e from shock. In his opinion .the injuries | wore not of tho nature to suggest a. mere ( fall. Something else happened beside a • in pro fall. It appealed as though she , had twisted her ankle and fallen back- ; wards, whilo a bruise oh "the arm. sug- ( gested that it had been' brought about. ( . by n grasp. ... c To Mr,'O'Kegan: The injuries did not | warrant a second visit. If' defendant } shook complainant off when she embraced hinr he must, have shaken rather hard. . In any case that would not explain t'no ,j nature of the bruises on the upper arm. | Complainant- in evidence - stated that her daughter (Mrs. Marlev) had been residing with her for ebimt six .months. She went to live with defendant, and was , with liun for three days. .The next that she heard.was that her daughter was 11 ■ patient in-a.hospital, and after leaving the institution she had lived with, witnew. She 'accompanied hor daughter to defendant'.? mother's house to seo tho. baby, but the door was shut in their faces. Chi the following day. witness heard defendant in tho hall of her house . and-went-.'to meet him. He threw. her • on one side and parsed into tile kitchen. She hurried in after him and stood in , front of him. He caught her by the arm and threw her to the floor, stunning her for tho moment. Witness ordered him out, but did not lav her hands on lnm. He had ■ already brought trouble enough to the house.. Efforts were being made to ■..get tlw baby back to its mother, Witness understood thai, the baby was , at defendant's mother's house. luvs was'asking that defendant should bo be.und over to keep the neaee, as she was afraid that defendant would do the same thing again. The relations between Mar--1 ley and witness's family, were not friend- . lv at 'the present time. '-To Mr. O'Kegan: Witness was not aware that Marley had intimated-to his I wife that ho was willing' to tako her hack. She desired that .the Court bind • the man over to keep the peace, because '■ she was frightened of him. John Nathaniel Astill, husband of the previous witness, gave similar evidence, i and said that, the presence of Marley in tho house, tended to upset Mrs. Marie}'. The trouble had arisen over a difference ■ between himself and his wife and Marley. and a third woman'. Marley had thveat--1 ened witness with violence on one occasion. To his knowledge Marley had not I paid any regular maintenance m support of his wife. I:i- evidence defendant said that lie had been married just over six years, and tliero was otto child. ITo called into camp in September last, and his wile by her own arrangement went to .live , with her people. On January 17 he took 1 her to live with his mother, and on January 20 he had Mrs. Marley examined by two doctors, and she was committed ' t'), a hospital. Later she was removed from the institution without his knowi ledge. He denied having assaulted lus mother-in-law. . " To Mr. Blair: Witness had told his wife that she could live with him or live, with ■ her mother, and if she adopted the latter course he would not maintain her. i After hearing further evidence His \Vor-' > ship decided to adjourn the case till ! March 18. POLICE CASES. ""The" case in which Edward Gregory Banett was charged with converting to ■ his own use-moneys which lie. had received on behalf of his employer, W. H.. 1 Iteiil, dairyman, was adjourned till March lfl, on the application of defendant. Act--1 ing-Sub-Inspector Emerson stated that de- ' fendanfc was employed on a milk round from November last till February of this ■ year, and 'during that period ho had re- ' reived certain moneys, amounting lO 1 4320, which he had failed to account for to his employer. ... ~ Ah Tim admitted that ho sold cigarettes 1 to a youth under the age of 15 years, but • stated that the boy had said that the cigarettes wero for his father. Evidence wis called by tho polico to show that the boy had entered the Chinese shop and li"d been given the cigarettes for Bd. The boy denied that he had told the'defendant that the cigarettes were for his father, Asked if ho desired to giw evidence on his own behalf, Tim replied "Yes," and on entering tho box expressed a desire to bo sworn in tho English way. This was 'accordingly done,,and Tim repeated that the bov had stated thnt the cigarettes wore for his father. His Worship was satisfied that an offence had been committed. and imposed it fine of X' 3, with costs IGa. At an early hour yesterday morning a youth named George Lav, aged 19* years, entered tho Carlton Hotel and inked tlio porter if lie would find a man named ".Tack." The porter's coat was hanging in the passage-way, and whilst lm went to look for the. man Jack, Law took a silver watch, valued at Ms,, from the coat. He was subsequently arrested in Willis Street by Conslnblo Small. Tho youth admitted the oli'ence, and His Worship decided to admit him to probation for twelve months. On a charge of being drunk whilst in charge of a horse and cai:t, Frank Garland pleaded guilty, and was convicted and fined X'l. He also admitted a further charge of committing an indecent act in Conrtenay Place,'and was fined -CI for this offence. A fortnight was allowed in which to pay the fine. a fine of i£2 was imposed on John j Henry O'Kelly, who admitted having committed an indecent act in Lombard 1 Street. Leonard Yule Curry was fined >C 1 for I using threalening behaviour in Mulgrave Street on Thursday night. For drunkenness, Robert Henderson was fined .CI. One first offender, for a similar offence was fined 55., in default 21 hours' imprisonment. For a breach of liis prohibition or(ler Jab(7, Woolrirtfis was fined 10s. and costs, MILITARY DEFAri.TEI'S. For failing to render the personal sei'y vice required of them under the Military Service Act. the following offenders were dealt with: A. 11. Thwaitc*. A. T. Halloway, F. Haywood, A. Nichols, 11. J. I'age. anil .1. D. Roberts were fined ,C-1 each and ' cosls 75.: W. W. V. Perrett was find .t r > ' and costs 75.; I!. (!. L. Duncan' was fined JC2 and costs 75.; S. Jones was fined and costs and ('. 0. Butler and .1. \V. Cade were merely cnnvicled ami ordered to pay costs 7s, .. ',