MAGISTRATE S COURT

Dominion, Volume 12, Issue 217, 7 June 1919, Page 3

MAGISTRATE S COURT

ALLEGED FALSE STATEMENT PERMIT FORM CRITICISED A charge of Laving made a false statement with the object of obtaining a permit under the War Regulations to leave New Zealand was preferred against Leon aid Arfitiiv Brumby, before Mr. P. V. Frazor, S.M., at the Magistrate Court yesterday. Senior-Sergeant Willis conducted the prosecution, and Mr. P. W : Jackson appeared for the dofendant. Frederick: George Twist, senior officer in the 'Passport Department, said that on February 22 the defendant lodged plication for a permit to leave -New Zea. land, but from inquiries made the granting of the permit was held up. Mr.- Jackson': What is the false-stati. inent? ' Witness: That all children are grown up-and married. Defendant has apparently got two children.who are not married. His Worship then read the printed form of application, and stated that (ho wording implied legitimato children, and there was nothing in the form respecting illegitimate children. The defendant had signed the form of application correctly, but the form was badly drafted. Senior-Sergeant Willis agreed that' the word "children" in the form implied legitimato children, sbut he was relying on the fact that the defendant had two children who were infants. However, lie realised that it would be utterly useless to proceed with tho case, The matter of a separation order mentioned in ' the application was discussed, and evidenoe was called to show that the defendant had not paid any money through the Court in respect of his wife's maintenance. ' '

Mr. Jackson said that the money had been paid privately through a legal firm., His Worship said that the answers given by defendant on the form were correct, and the information would be dismissed.

CHARGE OF THEFT DISMISSED. A charge of theft of two boxes of marfjarine, valued at £1 165.,' the property of George Thomas and Co., was preferred against George Purdom. a carter employed by J. J. Moore, of Lyall Bay. Senior-Sergeant Willis prosecuted, and Mr. H. F. O'Leary represented the accused, who pleaded not guilty. . Police evidence was to the effect that the defendant was loading fruit at Griffiths and Co.'s dock, in Allen Street, on May 22, and two-boxes of margarine were standing by the door of George lliomas arid Co.'s. dock. Those were subsequently found missing, and suspicion fell on the accused. Constable Price, of liilbirnie, who was in plain clothes, .saw the defendant drive up to Taylor's bakery shop and take two cases of margarine into the bakehouse. Constablo Price spoke to the defendant and asked him for the docket. Purdom, who did not know Constable Price, handed him a lead pencil and at the same time drew from his pocket a number of dockets. After looking through, them he found that be had not got one for the margarine. The constable was suspicious and charged Purdom with thoft.

For the defence, Mr. O'Leary said that while his client was loading fruit for the railway he heard someone behind him say, "Two cases of margarine for Taylor." Purdom- then nut the cifses on the front of his' lorry, but did not leave the market till two hours later, when he delivered the fruit at the station and then called for a load of firewood for a Harbour Board official. He then went on to Taylor's shop and delivered the margarine to the bakehouse. Purdom was aware that Taylor wai selling out, and he mistook Constable Prico for the new proprietor. The defendant was given a good' character by his employer and also by people whom he carted. for. Atter hearing the evidence. His Worship said that the case was not a wholly innocent one; and it was probable that Purdom was not directly • implicated. One circumstance ho did not understand, and that was the fact that Constable Price happened to he waiting at the particular store in plain clothes. However, no evidence ■ had been offered en this point, aiw) the Court pould not ask- for it. In the circumstances the case would be dismissed.

A &USPICIOD3 CONSTABLE. Charts of; refusing Constable V. Budding admission to the Princess Hotel and of .wilfully obstructing ,hin\ in the oxecution'of his duty, preferred against Miyj. Elleray, wife of the licensee, were - dismissed.. The evidence of the police wa? to the effect that Constablo Duddin;' ea\r defendant standing ut the door of the hotel talking to a man. The door of the hotel was open, and hotels were required to be closed on the date in question. The constable, who was travelling 'on a tram at the time, became suspicious, and jumping off, reached the -door just as it was shut, Hq knocked and heard a lot of scurrying inside. The duor was opened 111 a couple of minutes by the defendant, who denied the suggestion and apologised for keeping the constable waiting, explaining that she had gone, to her baby, which was screaming. The defendant invited constable, to inspect the premises, but he refused to do so. Mr. IT. F. O'Leary, who appeared for the defendant, called evidence to prove that the. defendant had not obstructed the police and that she was not aware that the police were endeavouring to gain admission. The screaming of the-baby, which had been left for, a minute or so in the pram, caused the scurrying. Ilis Worship said the case was oho where there was an element of doubt, and the explanation given by the. defendant was reasonable. The constable had heard, a scurrying about, and he wai somewhat suspicious. The information would be dismissed.

LIQUOR IN NO-LICENSE AREA; A youns /man named Thomas Gillard pleaded guilty to three charges of having taken liquor into a no-license district without first of all complying with the regulations. Senior-Sergeant Willis stated that the defendant; who was a member of the creu; of the ship Wairuna, and had been a prisoner of war in Germany, was seen walking along.Nintoul Street carrying a hamper containing 18 bottles of beer. It was not suggested that defendant was taking the liquor into tlie Wellington South District for the purpose of felling it. Defendant stated that lie had only recently returned from Germany, and not having 'lived ill Wellington before was not aware of the regulations respecting the no-license area. His Worship ordered defendant to paycourt costs 13s. 011 the first charge, and on the other two . charges he recorded a conviction and discharged the defendant

OTHER CASES. Michael Collins, a prohibited person, was convicted and ordered to eomo up for sentence when called upon 'within three months on a charge of 'being found 011 Hcensed premises. Louisa Tierney : was convicted and ordered to come up for sentence when called upon within six months, provided 6he remained at tho Salvation Army Homo, 011 a charge of being an incorrigible rogue with insulticient. means of supportFor drunkenness she was convicted and discharged. Georgo Fnrquhar Ross appeared 011 remand to answer a clmrgo of being an idlo and disorderly person in that l:o was found begging alnig in Clyde Quay. According to tho dootor's report, defendant was suffering from exposure and want of fond, lie had 110 particular trade, but occasionallv worked 011 a farm. His Worship (l-.oidcd (0 remand accused for a week with a view of finding employment for him. '' . A line of 10s. was imposed on Mrs. L. Page, owner of the Harbin Bar, in Cuba Streel, for employing a female waitress afler 10.30 p.m. without tho necessary lirrmission oV the Inspector of Factories, The offence aroso through an irregularity of tho clock 011 the premises. A similar chargo was preferred against .1, Jones, proprietor of tho Cafo de Paris. Manners Street, who was convicted and ordered to paj costs 7b. 0110 first offending inebriate was convicted and fined 10b.