MAGISTRATE'S COURT

Dominion, Volume 13, Issue 32, 1 November 1919, Page 9

MAGISTRATE'S COURT

CHARGE OF ASSAULT

INFORMATION DISMISSED The case in which a trimmer named Samubl Ag.iss was charged with assaulting another trimmer named John Shine so as to cause liini actual bodily harm was dismissed by Mr. W. G. I\iddoll, S.M., at the Magistrate's Court yesterday. The olience was alleged to have been committed on the steamer Horo. rata on September 22 while the vessel was in port. Senior-Sergeant Kelly prosecuted, and Mr. I\ AY. Jackson defended.

.lames While, engineer's storekeeper, f-aid that on September 22 whilst in the Pier Hotel Shine assaulted him without any provocation and rendered him unconscious. AYhen he regained his senses 110 saw Shine lying on the bar-room floor bleeding freelv, but he did not know who had struck him. He knew nothing of aiiy disturbance on the ship, and he did iiot believe that there had been any.

James Robertson, second engineer oil tho Horirata, stated tiiat ho _ found Shine lying on tlie deck outside his quarters. lie had not heard anything of .1 disturbance in the firemen's quarters prior to finding Sliine. Alfred Hill, niylitwatclunan on tho vessel, stilted that lie helped Shine on to tlie vessel on September '22. Sliine was <lnnk and was bleeding about tho t'aco anil eon.plained of pains in his left arm. Sliii.e iiiul told him on t.lic way to the boat that someone had kicked liim. The defendant gave evidence and said that, on September li lie went to tho Pier Hotel, wheie lie saw Shine and others in the bar. Shine asked for i'ie 'oa'n "f two shilling, but he refused. "White subsequently pave Sliino sis. and later Shine eamo back and .-truck White in the face. Witness returned to his quarters shortly before (i li.ni. and saw Shine again at about 8 Ij.ni. Tie was then brought on to tli& Hororata m a bleeding condition. Witness denied having struck Sliine at any time. To Senior-Sergeant Kelly: Witness was in the Pier Hotel bar from shortly after five until six o'clock. When witness left the hotel Shine was still lying in the corner of the bar. He did not assault Sliino and lie did not know who committed the assault. His Worship said that there was very little corroboration of Shine's statement, especially in regard to the hour at which ho boarded the vessel. Ilis Worship was of tho opinion that no jury would convict the defendant of the charge, and it was a case whero the Court should oxercisn its jurisdiction and dismiss tho case at its present stage. ALLEGED CRUELTY TO ANIMALS. Charles Hnnnan, an employee of Isaac Sykes, who at ono time owned a butchery business in Cuba. Street, was charged with ill-treating a horse by working it when it was in an unlit state. Sykes was also charged with allowing the lioi.sa to bo worked. Inspector Ayiing, a City Corporation nuisance inspector, and Constable O'Sliea gave evidence to the elfcct that tho animal had been worked while sulfering from a sore oil the wethers just behind the collar and was in consequence restive and uneasy. Counsel for tho defendant (Mr. J:I. I''. O'Leary) called evidence to show that tho soro had been caused by a boil which had burst after the horse had been harnessed ii]). Neither the owner nor the driver had been aware that the animal was suffering from u boil. The Bench accepted tho explanation and dismissed both informations.

In tho easo of Maurice lliistcr, pig farmer, of Ohariu Valley, it was alleged by Inspector Henry, S.P.C.A., and Constable Cussen, that ho had driven a horse, in an express while the animal was suffering from two large open sores caused by tho rubbing of the traeo chains, Pieces of rag had b;-en tied round the chains, but without much benefit to tho animal.

Air. W. Perry, who appeared for _ t lie defendant, entered a plea of not guilty,' and stated that an ointment had been placed on the rugs as a treatment for the sires, which were due to simple chafing. Constable Sawyer, who had examined the animal, said that ho did not think that tlu; sores were serious. The Bench held that tho animal had been maltreated but not to any serious extent. A fino of .£1 and costs ivas imposed. The prosecutions woro conducted on behalf of the society by Mr. R. Kennedy. COMPANIES' LICENSES. For failing to take out the annual license as required by tho Stamp Duties Act of 1911;?. tho following companies wero proioedod against: M'.Ewen and Carter, Ltd., and the Pearson Soap Co., Ltd. Pleas of guilty were entered in cuch case. Mr. J. Prendeville, of the Crown Law Oll'.ec, stated that tho failure of tho officers of defaulting companies to comply with the requirements led to a great, deal of ineonvenicuco iu tlie Cominisfciolipr's office. He also pointed out that tho Act provided for a penalty of ,£2O per month upon every responsible officer of tho defaulting companies. Ho did not desiro to press for a heavy pen. ally. Fines of J!1 and 265. costs wero imposed in each case. Cases against other firms were adjourned till Friday next, • CHARGE OF THEFT. A remand till November 5 was grant, ed in tho easo iu which John Reginald Ellis was charged with haying on August 8 last, at Feathers ton Camp, stolen a money order telegram, a postal note and a British postal order of a total valuo of ,£3 10s., tho property of Stanley Porcival Clynes. The accused was arrested at Chistchurch. -MILITARY DEFAULTERS. For failing to render the personal srrvico required'of them under the Military Service Act, W. Fyfe and J. M'D. Johnston wero each fined .£1 and 7s. costs, and ]?. W. 13.I 3 . Perrett was fined £2 and costs. OTHER PROSECUTIONS. On tho information of Charles Ernest Lambert, Algernon Thomas was charged with assault and of having made threats which complainant considered were of such a nature that the Court should direct tho defendant to find sureties of the peace. Tho case arose out of a family quarrel, and Thomas_ admitted that he "pushed" the complainant, but denied the allegation of having struck him. Tho Bench held that the case was a trivial one and dismissed both informations. No costs wore allowed.

A fine of ,£5 was imposed on William Harvey, who admitted having assaulted Martha King by striking her in tho face and half throttling her. He pleaded that drink was tho cause of the trouble. A sentence of -IS hours' imprisonment was imposed on David Duncan, a member of the crew- of tho steamer Ajana, who absented himself without leave from tho ship. For drunkenness Norah Nugent: was fined 205., and on a charge of a breach of her prohibition order she was remanded till to-day. For a like offence Charles Mack was lined J!1 and ordered to pay 21s. medical expenses.