MAGISTRATE'S COURT

Dominion, Volume 12, Issue 261, 31 July 1919, Page 3

MAGISTRATE'S COURT

THE PRINZESSIN AFFAIR

SHIP'S DOCTOR CHARGED The Prinzessin affair was concluded before: .Mr. H. Page, S.M., at the Magistrate's Court yesterday, when the ship's doctor, George Stivata Aspinall, a subject of Malta, appeared on remand to answer a charge of attempting to commit suicide." The circumstances of (he case were that on July 22 a young woman named Bessie Hates and the accused were found on the ship seriously ill, as a result of taking some drug. Miss Dates was a passenger on the vessel, and for some time the nlfair was shrouded in mystery. Two other doctors were on the ship, and their efforts were' instrumentaWn saving the lives of Ikilli the girl and the accused. The case against .Miss Bates was disposed of on Saturday last. In the doctor's case, Chief-Detective Poddam stated yesterday that the accused had undergone medical treatment, and was now finite fit. On going through his papers, the chiefdetective found that Aspinall obtained his degree at St. Bartholomew's Hospital in London in 1913, -ind in 11)10 he was instructed by (he Admiralty to take up duties as surgeon in 11.M.5. Diamond. He saw considerable war service, and subsequently joined the Prinzessin as shin's doctor in May, 1919. Mr. 11. V. o'J.eary, who appeared for the accused, said that his client had committed tlie act in a moment of depression. During 1915 he saw considerable service on Gallipoli and in (Egypt, and whilst in Sydney had contracted influenza. Since then he had not been too well. When Hearing Wellington ho was in a very depressed state, and on iindinz that Miss iiates had taken the drug, he felt himself moially responsible, and he also took the potion. He realised that he had left the drug exposed in his cabin, and rhe depressed state he was in at the iimc accounted for his rash action. Counsel asked His Worship to deal with the accused by ordering him to come vp for sentence when called upon. His Worship agreed to this course, and made an order accordingly. Mr. M. I'. Luckje watched proceedings on behalf of Miss Fates. OOUNTEY GIRL'S DOWNFALL. Two charges of theft were . preferred against a young woman named Hilda Dullard. On the first charge, that of theft of a fur necklet and two pairs of stockings, valued at i:l x 2s., the property .of Daisy Cowan, she. pleaded guilty, and on the 'second charge she admitted the (heft of a mirror, i-ut denied stealing a gold tie-pin and a 10s. note. , \ Evidence was called to prove the second charge. It appeared that the accused was staying nt the house of comnlainant. Mrs. M'fjuskie. and when- "he left on July 2-1 the rrtieles were missed. Subseouently the polico searched the accused's home, and found the mirror concealed under the mattress., When interviewed, the accused denied all knowledge of. the theft, but subsequently admitted that she stole the mirror, but not the tie-pin and the 10s. note. Senior-Sergeant Willis said that the accused was not strong mentally, and altosether it was an unfortunate case. She left her home in the country, nnd'had come to Ihe city, where she* had fallen into a loose way of livinsr. Her parents consented to tho suggestion that the ac-, r.used. should be placed under woper control, and the Salvation Army authorit'es were prepared to take her in. ,'ln, the girl's own interests I suggest she be sent to the. home for a lengthy period," concluded the senior-sergeant. His Worship concurred, and entered a conviction on both offences, and ordered the accused to come up for sentenco when called, upon within twelve months, conditionally upon her remaining in the Salvation Army Home for that period. An order was'made for the return-of the stolen property to the owners.

FURTHER CHARGE AGAINST PRISONER MALONEY. . At present undergoing a sentence of two years' imprisonment with hard labour for breaking and entering, and an additional term of six month's' imprisonment for breaking lawful custody, Laurence John Malone.y appeared to answer a charee of breaking and entering the Baptist Church in Rintoul Street on July 17 last, with intent to Commit a crime. The offenco was alleged to have been committed during the period Maloney was nt large. Senior-Sergeant Willis conducted' tbo prosecution. William Tomlin, caretaker of the Baptist Church, said tyiat ho.knew the accused, who was previously in his employ under the name of Murphy. Shortly beforo 8 o'clock on the morning of July 17 he went, to the church for the purnose of cleaning, and whilst polishing'one of tho windows he accidentally pushed in one of the panes. He then went round to the side door, and was greatly surprised to see the door swing open, and seo tho prisoner standing in tho doorway. Asked why he was in the church, tho prisoner said that ha hud attended a mission service, "ind without any further "remark bolted, and boarded a pasains tnmiear. Witness subsequently idea tified prisoner ai. the Terrace Gaol. Annie, Elizabeth Bott, secretary and treasurer of the church,, said that a box of clothing kept in Iho church had been interfered with, but apparently nothing was taken. Formal evidence by the police concluded the case. Prisoner pleaded not guilty, and was committed to tho Supreme Court for trial

BAKER'S DEIVI3U USES EMPLOYER'S MONEY. A young man named Thomas Alfred Reynolds pleaded .guilty to a charge of having failed to account to the Jiw Zealand Automatic Bakeries for various auras totalling .£l3 Os. 7d., thereby committing Hiidt. ~,*,,. Plain-clothes Constable Black said that he interviewed the accused, who ndmitled that lie had appropriated tho money, lie was a driver employed at the bakeries, and he was authorised to receive moneys from customers, and it was his dutv to account for such moneys to his employer. " Senior-Sergeant "Willis said that the accused was a returned soldier, and nothing previously was known about him. Ho had been in ill-health, and was' a married man. . r , His Worship entered a conviction, ana fined accused <£5, in default one months immisonment. Time w allowed the accused in which to pay the fine, and he was also ordered to repay tho money stolen at the rate (f it per month. DAMAGE TO 7 CASH REGISTER. ■V charco of damaging a cash register, valued at i'3s, the property of Nicholas Uertanecs, was preferred against Salter Childs. , t . .. Senior-Sergeant Willis conducted the prosecution, and the. accused was unrepresented by counsel. .' According to tho evidence given by tho cumuluinant andiun assistant tho accused entered Bcrtnnecs's lestaurant on J my 2i. and ordered a meal. On making his payment he commented on tho charge made as being exorbitant, and thereupon nushed the cash register off the counter mi to tho floor. The register was severely damaged, and had practically been rendered useless 1 . ■ .. The accused-stated that ho had no '.n----tcutioii of doing any damage, and he was surmised when lie touched tho register to find that it moved so easily. He did not think tho register was useless now,, asho understood that it was still m use. is the evidence of the prosecution had concluded. His Worship said that ne would like to hear expert evidence as to the extent of the dam.-ge. Senior-Sergeant Willis said that li« would call this evidence during the itticrnoon. and the Magistrate suggested to tho accused that he might take similar action. This coursa was agreed on. lleurv Charles Jessop, of the Natiomu Cash Register Company, said that nc had examined the register in question, and said that it was a very old pattern, and twenty years ago it would cost about ..ISO. To repair it would cost about i - 2 .10s. At this stago His Worship said that the case might bo disposed of summarily. Senior-Sergeant Willis agreed, and said that lie had been misled as to tho damage done. ■ Accused called the eyidenco of an ex-J

pert, <vho said that it would cost or jC3 to repair tho damage. His Worship eniered a conviction, and find accused 4:5, and ordered him to pay the cost of the damage, £i 10s., and witnesses' expenses. ,

RFJIEAKIjW granted. The affidavit setting forth grounds for the reheuriiiK of the charge of ill ; treating a horse preferred against John Frederick; Archibald, jviis presented yesterday by Sir. J. Scott, on behalf of the defendant. When tho case was called last week tue defendant was sentenced to fourteen days imprisonment on the charge, and counsel had -withered certain evidence respectins the case, which he considered the Court should hear. . Mr E H. Webb, who appeared on oelialf 'of the Society for the Prevention of Cruelty to Animals, said that the society offered no objection to" the rehearing, as their earnest wish was that ail facts regarding the case should be placed before the Com'!:. ' ~ His Worship granted the application, ,i.nd set the case down for rehearing on Tuesday next.

- SERIOUS CHARGE. The court was cleared during the hear--111? of the evidence given on a charge of committing an unnatural offence prefericd against James Whiting, benior-ber-Keaut Willis conducted '.the prosecutioh, and the accused was unrepresented by counsel. . , ~ After hearing the evidence ot tue witnesses and Constable llunro, the at- { .•used pleaded not guilty, and was com- ■ milted to the Supreme Court for trial. OTHKR I'OLICE CASKS. Kov Albert Delaney was remanded till tc-riav on a charge of committing _ u serious offence at i'etone on July 12. Nils Anion Jacobsen was lined .1:2 for using obscene language, and fined a iuriher sum of ss. for drunkenness. 1 nomas Henry John, who was also charged frith using obscene language,, was lined .£l. On the application of'the police James Diggs. who was charged with being mi idle and disorderly person, in that ho habfcuallv consorted with reputed thieves, 'was remanded to August 4. The defendant was represented by Mr. P. v\. Jue.tcon. on whose application bail in the sum of ,£25 was allowed. On a charge of being an idle ' and d:snrdei'ly person, Thomas Patrick Drury was remanded till August G. Four first offenders for insobriety were lined ss. each, and one other was fined 10s. Convicted and discharged for insobriety, Patrick Cooney was fined .£1 for a breach of his/prohibition order, fined 10s. for being helplessly drunk, Thomas Kobson was ordered to pay 17s. (id. medical expenses.