MAGISTRATE'S, COURT

Dominion, Volume 13, Issue 25, 24 October 1919, Page 2

MAGISTRATE'S, COURT

ALLEGED ASSAULT AND'ROBBERY

AN ALIBI SET UP

Further evidence was taken yesterday before 11 r. K. Page, S.M., in the case in which a young Maori named Jack Tuihanga was charged with assaulting \(iii old mivi named Patrick M'Mahon and robbing him of the sum of XICI Tho Hon. 'I'd Hcuheu Tukino stated through nn interpreter that he was riding to his homo at Lyall Bay on the evening of tho alleged -robbery when he <=aw M'Mahon, tho accused, and another Maori board Hie car at the Bank of New\ Zealand corner. M'Mahon was under tin: influence of liquor and accused assisted him on to the car. When the top of Constable Street wns reached the three yien left the car, accused assisting M'Mahon to alight.

On behalf of tiie accused Jlr. P. W. Jackson said that the defence would set up an alibi in support of the contention that'a mistake had been madp in" !ho identity 'of M'Mahon's assailant.

The- licensed then went into the box nml swore Hint ho hud never soon M'Mahon prior io tho day ho was arrested. On the day of the alleged offencehe was working for the Gas Company nt Wadoslown. He knocked off work at 5 ii.ni., ond then mndo the rounds of Ibo White Swan. Cricketers' Arms, and liominion hotels. After that he had leu at a, ustaurnnt and then went to iho house in Dixon Street where he was stayins;. .\ censed denied all knowledge of the assault and robbery, and added iliat on the day in question he did not visit tho thistle Inn Hotel. The licensed wns committed for trial at the Wellington sessions of tho Supremo Court. Bail was allowed. A SERIOUS CHARGE., The Court was cleared during the hearing of two charge? of- indecent exposure and one of assaulting a young girl preferred against a young man named Ronald Proctor Delivers.' Sub-Inspector Emerson prosecuted, and (lie accused, who pleaded not guilty and elicited, to bo-tried summarily, was defended by .Mr. C. H. Treiulwell. Tho offences were alleged to have taken place on various dales in the vicinity of the Sydney Street Cemetery and Anderson Park. After the evidence of a number of witnesses, mostly juveniles, further 'hearing of tin! case was adjourned till 2.15 p.m. to-day.

OTHER. POLICE CASES. Jame-: Henry Bowkor was remanded lc appear on October 28 on charges oi dnuilvjuness and the theft of a hat and two raincoats, of a total value of .69 7

fill. ' ■' ' , ' . Charges of bcinjr rogues and vagabon.. within the meaning of the Act were pre ferred against a.'young man namei. James Alfred Borohani and a wouii ■ named Mmio Turpin, who were found < enclosed promisee at. 33 Frederick Stret late an Wednesday night., Both accuser were ordered to, come up for sentento wlien culled upon. On a further-.charge of drunkenness Boreliam was fined Ps., and the femqle accused convicted and discharged. Tivo first offenders were each fined 10s. for drunkenness, while a third was ordered to pay 355. medical expenses. CIVIL CASES. " Judgment for the plaintiff hy default was given by Mr; W. G. Riddell, S.M., in the following undefended cases: C. and A. Odlin Timber And Hardware Co., Ltd. v. H. Austin. £2 Us., costs 155.; State Advances' Department v. Montagu.) Ernest Nolan, .jSU.ISs., costs 175.; Herbert ..T. Teugle, Ltd. v. G. Rees, £tt 3s. (id., costs £1 35.; Motor Import Co.. Ltd. v. G. L. Rees. M 10s:, costs jlis.; Vacuum Oil Co. v. T.' Andrews and Co., £5 185. 4(1., costs £\ 3s. 0(1.

..nJDGMtvr SUMMONSES. A. C. Stephenson was ordered to nay William Henry Niinmo the sum' of £9 9s. Id. by November G or undergo seven days' imprisonment; L. J. j3. Wnlden to pay T..K. It, Radcliffe £5 17s. 9d. by the same date or >■') to gaol for six davsj.M". .Ai Rowlands to pay W. 11. Bedell Hie sum of'.£lo 13s. 3d. by November C or in default spend seven days in. gaol.

TOSSEBSjpN CASES. Henry Asher was ordered to possession of a tenement to Jftint, Cottrell and • Co.. Ltd., bv November 11, also to pay tho sura of .£l3 10s., with costs A'i tis.k ■ Michael Hogan was ordered to delis>r up possassion of premises to Rosetta hilfoy'by November 24, and to pay J'lo 17s. lid; accrued rent, with ■£!!, 31 costs. An order was made directing Franx Thomson to (rive up pos?essi.'|U of. a dwclliiiß by ■November U to Job a Brosnan; iuid.'to..pny' £6 Gs. accrued rent and 13S. costs. ■ . .■-'■■

' SEQUEL, TO A COLLISION. . Further evidence was taken yesterday 'afternoon, before! Mr. W. G. Riddell, 5.51... in connection with the claim made by James Leach, motor driver, against Charles Daniel Haigreaves and William Henry Hargreaves, carriers, for .£157 Us. Id. for'damages to a motor-car caused by the alleged negligent driving of a motorlorry by WiJliain Hargreaves, a mm of tho other defendant. The facts as set out by tho plaintiff were that on August 11 the defendants' lorry was beinx driven down Adelaide Road when it collided with ■■plaintiff's motor-car, which was pi-acceding slowly up the street. Hie collision forced the car against a verandah i/TiSt,' which was carried away and fell on the car. In the course of tho examination of several witnesses a conflict of evidence was disclosed as to tho speed of tho two vehicles. According to the c'cfeiidant William 'Hargreaves tho 6peed of the lorry wasMiot more, than 12 miles an hour, and he also said that tlie terry was net pulled up at once on account' of the failure of tho brakes. A further adjournment was. taken to Octul"'v 30, when further evidence ,'.vill lie oallel. Mr. E. M. Beechey appear, ed for the plaintiff and Messrs. J. J. M'Gn'hi and 0. R. Beere for the defendants'.