MAGISTRATE'S COURT

Dominion, Volume 13, Issue 10, 7 October 1919, Page 3

MAGISTRATE'S COURT

DARINti HOTEL THIEF CAUGHT WITH THE GOODS Yesterday's slitting of tlio Magistrate's Court was presided over by Mr. E. Page, s.jr. The t'mp-honourcd plea of the overpowering strength of New Zeatand beer alter a prolonged period of enforced abstinence from that beverage was put for-' ward on behalf of William George Harslen, who on-' October 1 was caught reelhanded while malting his' escape from another mail's room in- tlio New Commercial Hotel. Tlio charge against liini was the theft of. .two dress suits, two shirts, one einglet. and- a pair ,of boots, valued at ,£lB, the property of Lewis Alsace.

The complainant, a vaudeville artist, said he wtis a lodger at the hotel, and about 10.15 p.m. on the day in question, oil returning to his room, lie found it locked, and a light burning within. Ho at once complained to the manager, who went through the window of an-, adjoining room out on to the fire-escapo: There he apprehended., the accused, who was in the act of quitting the premises with Alsace's belongings.'; He was dressed in one of the purloined suits, and tho other articles of attire he was carrying with him.

Tho accused, who pleaded guilty, only returned to the Dominion last week on the Cordoba, and was in uniform. Counsel, in asking for leniency, explained that Marslen.was not used to the New Zealand brew, and did not remember' what he was doing at the time of the commission of the offence.. He ,was a married man.

The police record disclosed eight previous convictions for theft against accused. tho last in 1900. . A fine of ,£1(1, with costs 125., was indicted, with the option of one month's imprisonment. Time was allowed Mursleji, whoso.home is at Taihape, in which to find tho money. 1

■ . CHARGES OP INSOBRIETY. For drunkenness, six first-offending inebriates who made 110 appearance hail bail estreated in the sum of 10s., another was fined 205., and two others werofined ss. . Duncan M'Farlane" (with, one' ; previous conviction) was fined .£1 and. costs. Olaf C. Olsen, Robert Porteous, Patrick Dal'.ey, and .Henry White,, all if, whom had Iwen previously convicted, were each fined =£1, and costs. Porteous was also ordered to.,pay. .£1 Is. .medical exponas.

On a charge of threatening behaviour in Grey Street, a seaman named Cornelius Yandervolk was fined <£1, and costs, with the option of undergoing. -18 hours' imprisonment.

Charles John Gren, who was charged with tht> theft of an electric globe on October 2, valued at ,£1 195., tho property of John O'Brien, was, on'the application of his .counsel, remanded on bail for a week.

PECULIAR MAINTENANCE CASE. Somewhat unsual circumstances vore disclosed in a,, maintenance,case. in.which Cecil Trembath, a returned soldier, applied for'a rehearing of a maintenance order granted against him in favour of his wife,, and ill respect of which ho was ,£sl 9s, in arrears. P!aintiff, who is a young man, said, in his evidence that the onler was an "cxparte" one, and the first lie knew of'its existence was a week ago. It had been taken out against'him % his wife while 1 he was awayi at the front, and about the same time 6he had , applied to tho Defenco Department for an allotment order in respect to . his deferred pay. This latter application had, .' however, '' plaintiff averred, bean turned down'by the Department oil. certain grounds, Trem'ljath's story was that the marriage, which took place :.n 1912, had been aV'very unhappy one. : The parties had. first lived at Wellington, and commencing the first year of thcii initrriago Mrs. Trembath had repeatedly left home for brief periods on account of her drunken habits. As a result of her conduct Trembath lmd had to break up their homo. On New Tear's Eve of 1911 sho had."cleared out" and gone to Sydney under the assumed name of Mrs. Smith. The' next Trembath had heard of her was in October, 1917, when-lie was at the front. On that occasion lie had received a letter from her. Oil his way back to New Zea- 1 laud ho had received two wirdl'ess messages from her to the . effect that she would be at' Auckland to welcome, him home. 'These, .however, lie had ignored; as in consequence of her conduct in the' past he had determined to have nothing •more to do with her. Under cross-ex-amination, Trembath. denied. allegations of cniolty and/connivance at hi s ; wife's departure for Australia. The evidence.of "ifrs.. Trembath,. which was supported by other testimony,' 'wasto the (iffect that she had been forced to leave her husband, on account of his cruelty .to her.,, ■ . < The Magistrate refused Trembath's application, confixmed the ,order already made, and ordered him to pay ,Sls ]-ast maintenance.

Messrs. Meek aiul von Haast ask us to' state that judgment was taken in error last Thursday in the case of Yeitch and Allan v. P. ,T. M.ullins, the amount 6ued for having been .previously paid.,.