MAGISTRATE'S COURT

Dominion, Volume 12, Issue 284, 27 August 1919, Page 10

MAGISTRATE'S COURT

SEVEN DAK , IMPRISONMENT FOR ASSAULTING POLICEMAN The unprovoked assault committed by John M'Arthur on Police-Constable William John Brown, resulted in his being sentenced to seven days' imprisonment with hard [labour by Mr. E. Pnge, S.M., nt the Magistrate's Court, yesterday. Acting-Sub-Inspector Emerson stated that shortly'before seven o'clock on Monday evening, nt the corner of Willis and Milliners Streets, Constable Brown had occasion to speak to tho accused, who was drunk, and wens making a nuisance of liimsei.f. The constable told him to get away home quietly, and thon walked away. The next moment he received a, violent blow on the right eye, which almost stunned him. Turning round, he caught tho acouscd and attempted to arrest him. M'Arthur, lioivovct, began to resist violently. Fortunately Constable L'yan came on the scene, ami even then the accused continued to struggle very violently. Constable Brown was snffc-r----ing somewhat from the blow, and as th<g- pioceeded along Manners Street Constable Tockor, who was travelling on a train, saw the struggle, jumped off, and gave assistance. The accused, when charged, admitted boiiy; drunk, but could not remember anything; about the assault or the charge of resisting the police. Constables Brown,. Eynn, and Tocker gavij evidence on tho above linpe, at the conclusion of which His Worship said that he would enter «. conviction on each of the three chafes. The nftjimit was quite unprovoked, and on that charge the accused would be sentenced to seven days' imprisonment with hard . labour. For resisting tlio police, ho would be sentenced to a further term of two days in gaol, aaid on the charge of drunkenness no would be convicted and discharged. "RINGING THE CHANGE." William John Wade and Edward Kelly were joinfcy charged that by a trick of fraudulent expedient known as ringing tin; change, they stole a 10s. note, the property of one lialeigh Ginsberg. Both wore further charged with resisting Sergeant Charles Lopdell whilst in tho execution of his duty. In addition Kelly was charged with carrying an automatic pistol contrary to "the war regulations, with stealing the automatic pistol, valued at £1 10s., the property of Thomas Malcolm M'Carthy, and with stealing the stun of 9a. Cd., the property of Annie Corrin. Both wore further charged with, attempting to steal a, 10a. note, the property of Sing On Tie. On tho application of Mr. H. F. O'Leary the accused were remanded till this morning. Bail was allowed in the case of Wade in the sum of .£25, and in the case of Kelly in =£50. OTHER POLICE CASES. Fined 10s. for drunkenness, Miohact Melville was fined jCI for using obscene language Two first offenders for drunkenness were fined 10s. each, and a third fined ss. CIVILeESS RESERVED DECISION. Reserved decision was delivered by Mr. W. G. Bidden, S.M., in tho claim made by Wihiain tfrllani Bennett and David Bi.tclmrt Carrkk, farmers, against Junius May Arundel, fanner, for Mi, being the value of certain cattle left on the defendant's property at Qhiii, W«ugauui River. Plaintiffs sold their property to the defendant, and left certain cattle on it under an arrangement that they would have tho right to remove them should the. defendant fail to buy them. His Worship, after reviewing the evidence in. detail, said that the plaintiffs' rights were dtfmife under their agreement, with the defendant, but they had failed to assert them in the proper manner, and ho therefore considered that their position was largely tho result of their own inaction. He was not prepared to say that the ji'.aintifl's had proved that they wero entitled to their claim, and therefore- entered a non-suit. At the hearing, Mr. A. W. Blair appeared for the plaintiffs' and Mr. T. Neave for the defendant. JUDGMENT BY DEFAULT. Judgment for plaintiff by default was given by Mr. W. G, Jtiddd.l, S.M., in bhe lotluwiug undefended cases:—Hurry Wardoll v. John Emery, JO. 14s. 5d., cents 13?. j George and George v, B. J'. Durney, Xl 9, costs Jil 10s. Gd.; N.Z. Express Co., Ltd., v. A. Bird, J!3 Is. Gd., costs 10s.; Kirkcaldio and Stains, Ltd., v. W. Walker, Ml ss. Gd., costs 55.; A'. Haven v. W. Corbetfc, M Gd. 6d., oosts 135.; The Dominion Produce Company, Ltd., v. Janice Anderson, £i, costs 55.; Arthur Clarke, Ltd., v. Jl. S. P. M'lernon, .£35 3s. 9d., costs £2 Us.; James Smith, Ltd., v. Alexander M'Kenzio, .£7 Gs., costs .£1 3s. 6d.; J. J. Curtis, and Co., Ltd., v. R. Foster, XI 10-., casts 125.; The Wellington I'lilV.Miing Co., Ltd., t. H. E. Jones, Jil 2s. Gd., costs 55.; R. Hannah and Co., Ltd., v. J. I' , . O'Sulliran, £1 Os. Id., costs 10s. ■ TENEMENT CASE. Fiank Olsen was ordered to give up pn-sassion of a tenement to Geraldine .Alma M'Namaivi by September 16, and to pay £i, accrue<l rent, and XI 12e. costs. BY-LAW CASES. On a charge of having a motor-car standing without lights, Olive Barton was fined 10s., and 7s. costs, lire. Ruby Rowel} was fined as., and 12s. costs, for «i similar offence. John Stark, who left a two-horse lorry unattended, was convicted and ordered tu pay 7s. costs. for allowing stock to wander, Edgar Bnrdnn and George Hill were each fined 10s., and costs, and Walter Restieaux was fined £1 and costs. Charles Henry Duncan, who failed to have his dog registered, was convicted mid discharged. A fine of 10s., and 7s. costs, was im> posed on Reginald B. Collins, who droro a motor-car without lights, Henry Barnett, Frank Clewcr, Matthew "Hngsden, and A'lfred Maile were each convicted and ordered to pay court: costs ">. under the by-law which prohibits smoking and expectoration in auction marts or in other'places whore food it exposed for sale. The defendants wcro dealt with leniently for tho reason that they bad been kept waiting since 10 a.m. for the hearing of their cases. By-law cases are not heard till 2.15 p.m. On a charge of having allowed decayed fruit to accumulate on his premised at 133 Tory Street, B. K. Gliandi was fined .SI, and 7s. costs. Evidence was giveii to the effect that there were thirteen c»is« of decayed fruit in tho yard, anil inside the house there wcro twenty or thirty eases of bad oranges, which gave forth a very offensive odour.' A fine of £1, and 7s. costs, was impnsed on Frederick Charles Snelgrove, who forfisMy refused In produce his trim ticket for inspection till the end of the jnnrnoy. The Magistrate remarked that it was o?«Mitial for tho uropo ,, control of Hii> service that inspectors should have the power to cn.ll upon all passengers to kliow their tickets at any stage of the jenrnej.