MAGISTRATE'S COURT

Dominion, Volume 13, Issue 23, 22 October 1919, Page 2

MAGISTRATE'S COURT

AN ELUSIVE NOTE

MISGUIDED SLEIGHT-OF-HAND WORK Two fish-lm\vkers, named Thomas Walter Miles and John Millanta, wore jointly arraigned in the' Magistrate's Court ye.s-toi-day before Mr. E. S.M., 011 charges of stealing ,£l, llio property of Mrs. Zn'.ma lipid, and Milhinta was also charged with unlawfully receiving tho famo. Tho two accused wore defended Ijy Mr. C. ]). O'Donnell, and pleaded not guilty. Tho evidence of three' witnesses lor tho prosecution went to show that during tho noon hour 011 Friday last Mrs. lipid inado a purchase of soiuo fish from tho stand in Oonrtonay Plii.ce ~'tn by Miles and his partner, Millanta. She earned her money loose in a hand-bag, and niter' paying for' the fish she wnlked across the street. There slis was accosted by an Italian, one Apostoiis Ifaptles, who remarked: "Madam, you have dropped a pound." She commenced to feverishly rummage in her bag, when Raptles added: "Make no mistake about it. The man ;n the brown hat (indicating Miles) picked it up." Ifaptles had apparently obseryed Milc«_ adopt the s'mplo expedient of putting his foot on the Dank-note preliminary to annexing it. Mrs. Reid immediately retraced her steps/and, having ascertained that she hud lost i( pound ribte—"a dirty, white one"—asked liim to hand it over. Miles disclaimed all knowledge of tho whereabouts of the bank-note. He pulled out the contents of his trousers pockets in support of his innocency, but neglected to complete the job, in so far as h'.s loft-hand pccket was eonccmed. Ho endeavoured to camouflage its contents, and while lluis engaged the complainant detected iho corner of a "dirty white note." Meanwhile Millanta edged up close behind him, and while Mrs. Beid had gone tn seek the aid of the police, Miles imade a pass from hid pocket to his confederate. :,atw the accused were arrested, 'but the milling nhte was not found 011 them. The defence amounted to a genera! denial of the theft. The Magistrate found Milrs guilty of theft and illillanta of receiving, and sent both to gaol for one month. lintli prisoners'hnvo nn unsavoury record in the polico archives. SIDELIGHTS ON SEAFARERS. The recent affray on the Port Hacking was' ventilated, when Thomas Mnore, a member of tho crew, appeared oil remand charged with having, assaulted Timothy lacey, a shipmate, on October 13, no as to'cause him actual bodily harm. At, the outset, on tho application of (sub-Insp?c--tor Emerson, tho charge was reduced to 0110 of common assault. Tho complainant gave evidence to tho effcct that on the ovening 'in question he had a fight on board the ship with another member of tho crew cai.led Jasper. ' Witness disposal of Jasper and 'went and lay on h's bunk to rest after his exertions. With that the accused came along and beat him into unconsciousness. Medical evidc-nce went fx) show that tho complainant was in. tho Hospital from October 13 to 17. suffering from injuries to his head, which were not of such a serious nature as at first thought.. Ho was now completely recovered. The accused's story was that ho struck Laeey in self-defence, and 110 doubted whether he was responsible for all the injuries the complainant received.' In convicting Moore; the Magistrate (Mr. E, Page, S.M.). 4«id that he could not help thinking that Lacey had something to do with tho cause of the. assault. The case would bo met, hy the imposition of a fine of ill, with costs jCI Is. Default wns fixed at seven days' imprisonment, and His Worship ordered that half the fine bo paid to Lacey . to recompense him for tho damage his face had sustained. A GHUZNEE STREET EPISODE.. There-was a large gathering in the confined limits of the auditorium of the. smaller court-room to drink in the details of a case all the principal* of which rived in Ghuznee Street.. Thomas Albert ITaughton, a young man, and a wharf labourer by occupation, den'td charges (l)'of assaulting Hilda Daisy Howard and (2> of., wilfully, damaging a blouse valued: at X 4 10s., the property of the complainant. Tho comp'ainant, a young married woman, whose story was supported in its essential details: 'by .an independent witness in the shape of a nnsser-by, said that about 5.45 p.m. on Friday she was accosted-by tho accused and another man* while sho was walking along Ghuznee Street. The accused endeavoured to strike tip a conversation with her, and called her an objectionable name. She retaliated by calling him likewise, and proceeded 011 her way. The two men, both of whonvwere drunk, followod her. The accused again accosted her, and caught hold of her, tear'ng a silk blouse she was wearing. A policeman camo in sight, and Mrs. Howard gavo Ifnughton in ohni'ge. Tho accused went into tho box and donied having caught hold of tho woman and tearing her blouse. He and his companion, who lived three doom fiom Mrs. Howard, had been drinking, and while endeavouring to pass her in the street ho (accused) accidentally bumped into her. Mrs. Howard heaped opprobrium bn him for his olumsiness, and this "riled" him to such an extent that lie followed her along the road a short distance, remonstrating with her. Accused was represented by Mr. C.'B. O'Donnell, who explained that his client was a'.returned soldier, and in ill-health. 111 deciding that the weight of evidence was against the accused. the. Magistrate remarked: "I do not think it was a serious otl'ence or premeditated. It seems t.hnt Mrs. Howard, by descending: to thoi.r language, did not improve .matters. I think the whole thing was tho result of foolishness." Fines totalling ,C 3 were inflicted by the Magistrate, together with costs J3l.

TEE FOLLY QF INTERFERENCE. The old ada,«e concerning ihe inclination of fools to'rush in whore celestial beings fear to tread was brought home to a young man named Bert Teoguo in tho Magistrate's Court yesterday morning.. Tlio charge against Teague was that of obstructing Consta'ble Robert Henry whilst in tho execution of his duly. It appeared'that 011 Friday l.ist the constable was arresting another young man 011 a ehargo of assaulting a woman, when tho accused, who was ,1 friwd of the prisoner, attempted to prevent the arrest. In entering a plea of guilty on belmi'f of tho accused, Mr. C. B. O'Donnoll explained that Toague had been under tho inilueiice of liquor at the time. Accused was mulcted ill a penalty of ,£5, with costs \£l 7s. OF INTEREST TO TRAM-RIDERS. P. Mahoney pleaded not guilty to "a charge of having failed to pay his faro on the Brooklyn tramcar. The evidenco included that of a tramway iwpector, who said that ho had hoarded the car and found the defendant traveling without a ticket after the' ranductor had passed through tho car. Tho conductor of tho car saiil tlint the defendant had not boon approached for his fare, nor was any general demand for fares made in Bucli a manner that the defendant, who was travelling on the Wk of the car, could hear. In tho absence of any proof as to the faro having been demanded, the Magistrate dismissed tho information.

OTHER CASES. There wns a ■vor.v light list of inebriates. Henry "Walker, who had boon twice previously convicted within the last six months, whs fined £'i, with tlio option of seven days' rmprisouuient. Ono Mist ofToiuler was penalised in the sum of 10s. ' For having made use of obscene lnngunge in Kidd'iford Street on Stxlurdny, John Sheehan was fined ,f2, Default was fixed nt 11 days' imprisonment. On the anplicntion of accused's eounse.'i, Eon,'ild Proctor Denver* was further remanded till Thursday morning on three charges of indecent exposure, and a further charge of assaulting a young girl. Hail was allowed in the sum of ..CIOO and two sureties of „CSO.

BY-LAW CASES. , A number of by-law breaches were investigated by Mr. E. Page, S.M. For leaving a niotur-nnr at night, without a light, L). Rossborough was ordered to pay 7a. costs..

.David James Davies, on a charge r,f allowing' a chimney l:o bccomo defective, was fined 10s., with 15s. costs.

Thomas Dawson, for riding a bicycle at night without u light, was fined ss„ with costs 75., :|s was also AValter Little for a similar offence, whilst M. A. Jl'Lcod, in whoso case there were extenuating circumstances, was convicted- and disclin rged.

For leaving motor-cycles at night unattended, and without lights, William 11. Ninuno was oulered to nay 10s. costs, and William Stevens was fined 155., with 7s. costs.

I'or allowing stock to wander, Henry Box was fined 155., with 7s. costs on «ieh of two charges; David Leslie Cragg ill, with co?.ts'7s., and Reginald AYelsley ..£l, and costs 75., on each of two chai'gos'; David Graham and Frederick Arthur Slonc, 155., with 7s. costs each; and J. .T. Curtis and Company nnd .Benjamin Stone and Tienjamin Stonelkim, 10s., with 7h. costs each.

Francis Cornetti and Edward Hughe,*, for driving motor-cars without oblnin'ng certificates of competency,, were ouch fined 10s., with- 7s. "COfts, nnd Clarence llnore for a similar offence in. resoect to a motor-lorry was fir-:l ,£l, with 7s. costs. Thomas Scholfield, for leaving a motorbus standing in a street unattended, was convicted and fined 10s., with 7s. costs. Jamas Inncs defended charge? of driving a motor-car at a greater speed than fix miles an hour when turning from "Wil'is Street to Ghuznee .Street, and driving on the wrong s'xle of the road. The Magistrate dismissed the. information of excessive snood, nnd convicted and fined the defendant .£l, with costs, on tho second charge. CIVIL CASES. . Before Mr. W. G. Biddell, S.M.. judgment for the plaintiff by default was given in tlic following undefended eases: —.T. J. Eason and Pons v. Charles Emery,' -is. Id., costs 175.: Thomas Brown, Ltd., v. William E. Rice, .£lB 3s. 9d., costs .C 2 195.; A. Wntenvnvth. Ltd.,-v. E. Gilling, ~5 os. 9d., costs 13s.' JUDGMENT SUMMONSES. C. S. B'akc was ordored to jviy S. •Tdwott the sum of .£8 Ms. by November 6 or to go to gaol for seven dny-nnd fairy W. Bates to pay .£ls. to E. E. M'-'denliall by November (i. ijr in default undergo ten days' imprisonment. CLAIM FOR POSSESSION. Cndric C. Moslpy, who surd TT. I,akn for possesion of a tenement, and the recovery of ,£ll 65., was :nonsuited,, on a technical point.