MAGISTRATE'S COURT

Dominion, Volume 12, Issue 287, 30 August 1919, Page 3

MAGISTRATE'S COURT

—— SLY-GROG SELLING OFFENDER FALLS INTO POLICE TRAP FINED £25 A fine of ,£25 was imposed on Alfred John Williamson, who pleaded guilty to a charge of selling intoxicating liquor to John &■. without being: licensed under tl>" 'rising Act. Mr. E. Page, S.M.. was on the bench. 'l'lio prosecution was conducted by Sen-ior-Sergeaut Kelly, and Mr. H. P. O'Leary appeared for tlio defendant. Tho senior-sergeant said that for some time past the accused had been suspected of selling liquor 011 Sunday. On Supday, August 10, accused fell into a trap. He unwittingly sold liquor to Con-st-able Shea, who paid a visit to defendant in plain clothes. "There is a good deal of this sort of thing going on," continued the senior-sergeant,; "and I would nsk for a substantial penalty." At about 11.30 a.m. on the Sunday in question Constablo Shea approached the 'accused, and was taken to a limber yard where the accused was employed during the week. The constablo was there supplied With a "square riggor" of beer, for whichjie paid 2s. Cd. Tho accused also volunteered to supply a second bottle if the constable would call before noon. In the afternoon Senior-Sergeant Kelly, Sergeant Lopdell, and Constable Shea walked along Ghuznee Street,, and there saw the accused, who promptly ran away and hid himself in Gaudin's stable yard. When arrested, the aocu6ed was found to liavi I in his possession the. marked half-crown piece which the constable had paid for the "square rigger." A search in the stable yard resulted in the recovery of four empty beer bottles, and two glasses were found. On behalf of his olient, Mr. O'Leary said that the case was not as bad as it appeared on tho surface. His client was employed by Gaudiu and Company, carriers, as a driver, and had to attend lo the horses on Sundays. It was his usual practice to g6t in a couple of "square riggers" of beer on. Saturdays fo? his own use, and for the entertainment of other drivers who might call. The constable had complained of not feeling well, and the accused had offered to gej him a drink as a favour. When Shea pz'oduced the, half-crown piece the defendant thought it was good of him, and accepted the favour. Counsel, in conclusibn. commented on the fact that only four empty bottles were found in the yard. The senior-sergeant replied that . tho premises were extensive, and a considerable quantity of liquor may have been concealed. Ho repeated that illicit trading in beer was far too common,in Wellington. The Magistrate imposed a line of -€25, in default fourteen days in gaol. Williamson elected to go to prison. OTHER CASKTPENDING. . Charges of selling intoxicating liquor without a license between June 4 and August 11, 1919, were preferred against Leonard Russell, Harry Spooner, and Annie Toomer.

When the cases were called, Mr. H. tf. O'Leary, who represented the defendants, said that he was not prepared to go on with the cases. Ho would point out that no dates as to the commission of the offences- were specified in the summonses! served' on his clients. He submitted that he was entitled to know on what particular dates tho offences were com- • mitted. "I don't want to concentrate my efforts on, say, June 4, and then find the police producing evidence for an entirely different date," said counsel. He further pointed out that one period between June 4 and August one" of the defendants was away,, and counsel asked His .AVorship to havo the information amended, showing the dates tho police intended to prove. .Senior-Sergeant Kelly, who prosecuted, submitted that it was unnecessary for the police to specify the dates in the summons. and ho quoted authorities to support his contention. His AA 7 orship, however, held that it was necessary to stipulate particular offences, and the information was amended to read that on August 10 the accused did sell to John Shea and others (names not known) intoxicating liquor. On the application of Mr. a remand was granted till September 5. ALTERING RETURNED SOLDIER'S RAILAVAY TICKET. On. a che.vgc of aUeriijg a returned soldier's railway ticket, with intent to avoid payment of the proper fare, John Murray Stitt pleaded not guilty. Sub-Inspector Emerson conducted the prosecution and Mr. R. Collins appeared lor the defendant. The Sub-Inspector said that the defendant was travelling 011 ia train between Wellington and Masterton 011 June 11, and was questioned as to his ticket, which the inspector suspected had been altered. The investigations revealed the fact that the ticket had been altered from May 16 to Juno 11. to May 22 to June IS. AVhen first questioned, tha accused denied that it had been altered, but later confessed that he had altered the dates. Inspector Birrell gave evidence on the lines of the sub-inspector's statement. For-the j defence Mr. Collins said that the prosecution must fail on the ground that the ticket was not a ticket issued by. the Railway Department, but was issued by the Defence Department, and therefore did not come under the Act on which the charge was laid. The information chargod "the defendant with altering a ticket issued by the Railway Department, •but that Department did not issue tho ticket. Counsel further stated that tho defendant had noi endeavoured to evade payment of the proper fnre. ,' Inspector Birrell, recalled, stated that the ticket w;as issued by the Railway Department through the. Defence Department. ■ •

The defendant then gave evidence, and 6aid that ho was travelling with another soldier at the time, and that they had several drinks, and they were not responsible for their actions when they altered the ticket. His Worship ruled out counsel's contention as to the issuing of the ticket, and said that lie was quite satisfied' that the defendant intended to evade payment of the proper fare. The defendant would bo' fined £.1 and costs. THEFT ol? - CIGARETTES. Theft of a box of cigarettes valued at M 18s., the property of Joe Tos, of Tory Street, was the nature of the charge preferred against a young man named John Joseph Devine. Sub-Inspector Emerson stated thai on Thursday afternoon the accused (altered the shop of the informant, and purchased a bottle of ginger beor, which ho commenced to.consume on the premises. Tos, moaiiwhile, returnod to tlio inside room, nnd whilst these his attention was attracted to the accused's action by a fel-low-Chinese. The accused was then in the act of removing the box of cigarettes. Joo Tos gave evidence on theso -lines, nnd said that tho accused was not sober at tho time. At this stnjto the accused pleaded" guilty, and he was obviously sufTeriug from the effects of drink. » • His Worship decided to remand the aconsed for sentence till Monday, in order bo receive a report from the probationary officor. LANGUAGE ON A TRAMCAR. A plea of not guilty was entered by A. E. Guest when charged with using indecent language on a tramcar. Evidence was given to the effect that when acoused got on the tram he stood on the rear platform, and refused to comply with tho request to go upshifts. Hia action resulted in the tram being 'held up and the motorman requesting the defendant to go upstairs. It was then ■that ho used the language complained of. Cross-examined by '.lie accused,igjMotorman Yeates denied that he had any ijorsono.l grudge against 1 ' the accused, and further denied that lie had written accused a letter whilst the latter was in ' the tramway service. Witness also de-1 nied that lie had said that lie would have hie revenge on accused, and that he was doing his utmost to make matters uncomfortable. Conductor Harris and two civilians corroborated the evidence of tins motorman. , The accused was an ex-conductor. The accused gave evidence on his own i behalf, donying that lie uaed the lon-

guage complained of, and stating that what he did say was misconstrued. lie had used certain language in asking a question of himself, and tho motorman had taken ip as directed against him. His AVorship entered a conviction, and fined accused £1, and ordered him to pay coats amounting to £2 2sPLAYING HAZARDS. Pleas of guilty were entered by Arthur Oldham and Leonard Alexander Tall when charged with playing hazards on the Glasgow AVliarf 011 August 11. Sub-Inspecior Emerson said that-on August 11, at 5.30 p.m., the accused were seen playing the g.une on tho Glasgow Wharf. On being questioned they said that they were merely having a little game to pass the time away. They were throwing dice. Oldham said that he only had sixpence in his possession, and at Tail's invitation thev started throwing dice for a penny a time. Oldham made a similar statement. His Worship: It is not suggested that there is a school there,? Sub-Inspector: No, Your AVorship. It mav be as they say. Just having a game to while away the time; I His AVorship imposed a fine of XI in each case, and ordered defendants to pay court costs, 7s. MILITARY DEFAULTERS. On a charge of obstructing a parade of Territorials and Senior Cadets at Johnsonville on July 10, Charles Henry Allen Bustard was fined 21. The accused said that, he refused to go on parade for the reason that he bad been waiting for a uniform for twelve months. His Worship considered that if the defendant applied in the right way he would get a uniform. / For failing to attend; parades R. NBrvdon and E. E. Humphries were each fined .£2 and costs 7s. OTHER CASES. , William Conrick appeared on. remand ■to answer a charge of vagrancy. The accused said that ho desired to go to Australia to his people, who aHowed him 255. a week. His Worship Baid that he would enter .1 conviction, and order accused to come up for sentence when called upon, on the understanding that lie went to the Ohiro Home. On a charge of theft of an alarm clock, valued at 12s. 6d., tho property of Robert Gamble. John Lister was remanded till September 2. Sub-Inspector Emerson said that other property had been found on the accused, ,and the remand was required in order to make 1 further inquiries. AVhen the action Percy E. Stainton v. William Herbert Brewer was mentioned, Mr. Barker, on behalf of the informant, intimated that a settlement had been arrived at. The informant charged Brewer with trespass. His Worship struck the casp out. . 'A fine of i 5 and 7s. costs was imposed on Robert. Pithcaithly, who failed fo appear in answer to a charge of acting as a land agent without registering in accordance with the law. Two first offenders for insobriety were each fined ss.