MAGISTRATE'S COURT

Dominion, Volume 13, Issue 22, 21 October 1919, Page 2

MAGISTRATE'S COURT

VIOLENT PROTEST AGAINST INCREASED TRAM . FARES Emboldened by "Dutch courage," an elderly man named \Henry Benjanyn Baugli registered a forcible protest against, the recent increase in traiucar fares with such dramatic.effect that yesterday mowing lie stepped into the dock at the Magistrate's Court, before Mr. E. Page, S.M., in answer to two charges:— (1) Of behaving in a violent and offensive manner to tho annoyance of persons on a tramcar; and (2) travelling on a tramcar without' paying his fare.' Evidence I for the prosecution went, to show that on Saturday last Bwigh boarded a tramcar somewhat under the exhilarating influence of drink. When approached for his fare—he was travelling oyer one section—he tendered only one peiiny, ana a request by the conductor for another penny led to the • accused vilifying the trnmwav official in particular, and the J Citv Council in general for what he considered an extortionate charge. He contended that the ride was worth only one 'pinny, and the comluc'.or could take it or leave it. The aid of the law was invoked. and to a constable Baugh volunteered, the intelligence that once in Australia he had fought the tramway authorities in' the same manner and won out. and t'ait he would show the tramway people lnre what he could do. Incidentally Baugh was not without the means to pay tho regulation fare at-the time of his arrest, . The.accused admitted both cliargos. and proceeded to enter the time-honoured plea about a 'glass or two too much. A fine of 2fls.. with witnesses' expenses, was imposed in each case. COWARDLY APRATTLT ON A c'ojf- ■ STABLE. A cowardly assault on a police constable for which there was not the slightest justification led to a young seafaring man. William Bates, being arraigned on n charge of assaulting Constable Vivian Cositrnvo whilst the latter was in tho execution of his duty on the Ferry Wharf, on Saturday night. Tho accused pleaded guilty. It appeal's that 1 Constable Cqssravn was on duty at the wharf when the Mararoa took her departure.. for Ly'telton. Tho gangway was up, and the steamer had receded some ten or twelve feet from the whArf when the accused hurriedly arrived, on the scene, and called out to some.men on the; vessel to throw him ft rope Bates, who it turned out was a member of the crew, apnaiently wanted to board the steamer, after ho had been warned by a Harbour Board official not to make the attempt. Constable CosgTiive intervened. as to board the ship in the manner proposed was a dangerous expedient, and while his attention was diverted tho accused struck liini a Jioavy blow oil the back of his head with his fist from behind. felling liini to tho wharf. As the 'constable was rising the accused struck him a second time. Bates was described as being perfectly sober at the time, but wa.s very excited. His, Worship fined the accused .£lO, with the option of : fourteen days' imprisonment, <md gavo him till the end of the month ,to find the money. " ■

• "WITHOUT A'STAIN." An allegation that criminal proceedings had been. abused for. the purpose of collecting ft debt was made,.by counsel for the defence, Mr. A. B. Sievwright, in the case in vh.ch I'eter James Riddell appeared on- remand on a charge that , at Auckland on ■ September 29 last ho did steal a forge and anvil, valued at JE3. the property of Andrew John .Whitsside. The policed explained that the Auckland authorities now imtrueted them that they had no evidence" o offer against the accused. ; This biought defending counsel' to his feet with a denunciation of the grave injustice that had been done Riddel!. The matter should, lie contended, have never been made the subject of'criminal proceedings. The accused had been in the Do-minion-for five years', and had occupied positions of trust. ■ The price, of the forge and anvil had been j'iiid' over, to his solicitors in Auckland, who had notified tho prosecution accordingly. Seeing that-the police had no evidenco whatever to offer against the accused, counsel asked the. Magistrate, in. dismissing the case, to record that ho would "leave the Court without.a c tain ot blemish- on his character." i . :,Detective-Sergeant Rawlr.stiited that the nolice did not. go. so. far as to say that there wero.no grounds for. the at.Hon.' > \ The Magistrate, in dismissing the information. complied with counsel's, reouest. and added-that nothing had been .adduced before , him that showed that the chargo was justified. . THItICB TORPEDOED. . Extenuating circumstances of an. -unusual nature were pleaded - in the case of Gilbert Pollock, who wasriiefore the Court on charges, of drunkmness and having made, use of obscene, language. Mr. 0. A. 11. Treadwell, who appeared for Pollock, explained that the latter 'was a discharged sailor with three years' service in the naval forces to his credit. He had been torpedoed on-three occasions. and was suffering from neurasthenia; and the fact that ho had been drinking aggravated' tjiis complaint and caused him to make use of the language complained of to the constable who arrested him for drunkenness.' In view of the snecial circumstances the Magistrate, (Mr. E. Page, S.M.) merely fined Pollock ss. on the charge of drunkenness and 10s. on the more serious charge. Default was fixed at two days' imprisonment.- • BETWEEN SHIFTS. .. Strained relations in the tramway powerhouse were investigated by 'Mr. E. Page, S.M.. When Daniel Burke, leading hand at the station, charged' Andrew M'Gowan, one of the. firemen, with having assaulted him. According to Mr. J. O'Shea, who appeared for the prosecution, Burke, who .■was responsible for keeping steam up on ! * his shift, had to assist M'Gowan at his fires on October 15. The eame thing happened on the following day, and apparently'M'Gowan took umbrage thereat, for <it It p.m., as Burke was emerging from' the siokehold aftor having tended the fires. M'Gowan, v,ho was a much younger man than Burke, struck him a violent blow in tho face, knocking him down, and then kicked him in the ribs. In the course of his evidenco tho accused' M'Gowan, who admitted that he was net an expert fireman, said that on the second occasion on which Burke assisted him the latter simply _ walked across and look the rnke from his hands in front of the other workers, making him (accused)-appear very foolish. Ho was so* disgusted with Burke's action and also with his bullying and nagging during the afternoon that he went off work, and as a result was dismissed. He waited for Burke after the latter, came off shift, and challenged him to fight. Burke accepted the challenge, and he (accused) got in tho first blow. Accused was positive, however, that he \did not kick Burke. The Magistrate commented, after listening to the evidence of several witnesses, that he doubled whether any direct challenge had been given, but, in any case, this could not alter the fact to a conviction being established. MGowau would be fined J!5 with .12 17s. costs. Time was allowed M'Gowan in which to find the lnonov. OFF TO ROTO ROA. Twelve months' sojourn at the inebriates' home at Roto Ron, Island was ordered bv the Magistrate in the case of James Francis M'Mitllan.who had a recon! of three previous convictions, and who pleaded guilty to charges ot orunkonness and a breach of a prohibition-or-der. The accused made no demur against this sentence. OTHER CASEb. . Patrick Coonoy, against whom there was one previous conviction, was lined IDs. for drunkenness, and SOs. for having commit'ed a breach of a prohibition nvrtiv. Li-chard H.nnn'ond Synne.v Willie-"., with a rccord of three previnu-5 prim-ir+inivj. was mulcted in »■ penalty of CI. with ,''l 10s. Del. medical expenses. Default wn« fix r -d at seven days' imprismi:iie'il. s: x first offenders' were ar-. i"\i riicd for dnrikcnness, four bung fined Ills., and the other two ss. each. i In a maintenance caso Ernest Henry

0 | Livermore was ordered to pay 255. a week towards tlio support of hia wife and child.

Louisa L. M'Kay proceeded against her husband. George M'Kay, with an application for a variation bv way of an increase in a maintenance order. . After heariii'jr evidence, the Magish*' e increased the amount payable weekly by tlio husband from 255. to 325. (id.