MAGISTRATE'S COURT

Dominion, Volume 13, Issue 42, 13 November 1919, Page 3

MAGISTRATE'S COURT

' ALLEGED USE OF A KNIFE

ACCUSED SENT FOR TRIAL

The ease in which Martin M'Donough was charged with assaulting Daniel Michael Collton so-as to cause lam actitiii bodily harm was concluded before Mr. Yv. (.1. BiddcU, S.M., at tho Jlagis-Irale'.-i Court yesterday. Chief-Detective. Bciddnm prosecuted, and .Mr. (,'. A. L. 'J'leadwell represented the accused. Dr. S. W. Cattell, house surgeon at Wellington Hospital, said Hint on tho night of November 7 he examined Collton at the institution and found him suffering from a wound about Jin. long on the side of Die chest, just outside the heart area. The wound was about Jin. in depth. Collton was iUso cA about the hands. Th« wounds ifligat J have been paused by a table-knife, Collton was under the iiilLuoncc of drink. Ho received medical attention and was discharged on the following day. The wound was not a dangerous wound, but was in a dangerous .position—in the region of the heart, between the ribs. I Daniel .Michael Collton said that when ho arrived at his room in a boarding' hous.' in Willis Street the licensed was there and he was "kicking ap a row." Witness told him not to be a lunatic but to get to sleep, as witness desired to go to bed. Accused rushed at witness, and during the struggle he was stabbed, with what he understood to be a pocket-knife. Hβ struggled to get the knife away and in doing so was cut about tho hands. Cross-examination of the witness by counsel for tho - defendant was deferred till the Supreme Court trial. Tho proprietress "of the boarding-house, Mrs. 11. West, detailed what ehe sa-w of the disturbance. The accused was very drunk, and she said to him: "You're no man to draw a knife on anyone," and tho accused replied: "You did not ece me do it, and can't prove it" Sergeant Martin stated that at 11.20 p.m. on November 7, in company with Coflstable M. Byan, he proceeded to tin. boarding-house and found Collton woundoil. Collton said that the accused had stabbed him. Witness asked aecuseft where the knife was he had stabbed Collton with, and he replied; "Do you think I'm barmey? I have had no knife." Another man in the room said that the knife was a brown-handled pocket-knife. Witness then arrested the accused. The accused reserved hi* defence and was committed to the Supreme Court fov trial. Ur.il was allowed in the sum of .£SO and one surety of Xsfl.

FALSE DECLARATION. , A charge o? making a fake declaration thnt would amount to perjury if mado on oath in a judicin! proceeding was preferred against n woman named Alice Fabian. The information alleged that in making the declaration before a .TusMce of the Peace the accused, stated that her name wns Mnßjrio M'Grath, and that sho was a registered barmaid. Pub-Inspector Emerson conducted the prosecution, and Mr. P. W. Jackson represented the accused. After the evidence of several witnesses had been heard Sergeant G. B. Edwards read over a statement male by the accused, in which she stated that sho was a married woman, but us her hnsbnml failed to support her she left him. Sho wont in Sydney and subsequently returned to New Zealand, with a view to taking up her former occupation, that of a barmaid, but found that she could not obtain employment ns she was unregistered. She had three children to maintain, and obtained employment aa a cook. Later she met a Mrs. M'Grath, who was a barmaid, but who was leaving for Sydney, and shn (old accused to uso her certificate us she would not requiro it nny longer. The accused took the certificate, assumed the name of Mnpsio IPGrath. and oMnincd employment. Sho subspdiie'iitly accidentally destroyed the certificate, and then applied for a duplicate in her assumed name. Tho nccusod pleaded guilty n.nd was commilted to Ihe Supreme Court for sentence, bail being allowed in the sum of .£25 nnd one swclv of .£25.

THEFT AND FOUGEHY. A plea of sruilty ivas entered by John Reginald Ellis wlicn arraigned on Hie following charges:—(l) Theft ut Featherston of a money order telegram, a postnl note, iinil .1 Uritish postal order, of a total value of ,C 3 10s., Hie property of Stunley I'ercival Civile?; (2) forgery at Featherslon of the 'name of Stanley P. (Jiyni's to ;i money order for £3 55., and attempting to utter Ihu same to H. Dixon postmaster. Feathcrston, with intent that it should be acted upon n<? genuine; (3) forging at Feaflierslon the name of S. P. Clynes to a postal-note for 2s. fid. with intent that it should be acted upon as genuine; (4) at "Wellington, forging and uttering a- Post Office Savings Bunk re-j csipt for ,£4, and post office clerk to act upon it as if it were genuine; (5) theft at Wellington of a suit of clothes valued at M, the property of Clem Lucas, Star Private Hotel; (6) theft of ten New Zeahiid soldiers' railway ! warrants, valued at M!>, the. property of the Defence Department. Accused was committed to the Supreme Court for sentence. ALLEGED BIGAMY. Charges of bigamy were preferred I npiinst Mary Ellen Wolbvnd anil John ; Cjiinis Loverock, otherwise known a.-s .Fumes Innes Loverick. The informations alleged that on July 28 :\\ Wellington ; tlio accused went ilirbngli a form n{ mar- : liag'j, "\Vol!and well knowing Hint Love- • rock was already married fo .Mnry I.ivJiigslone Johiiaoit. Lnvoro'. , !-. was also ; charged with mnl;in\- a false declaration i to tlio Registrar of Marriage* in that he I said he was a hac-liel'ir. Chief-Detective Bodd.im prosecuted, Mr. C. A. 1,. Treadweli appeared i'or Hie female defendant, and Mr. H. E. Evans i fur l.overock. I Tlio accused pleadeJ not guilty, and were committed to the Supreme' Court i.inr trial. Bail was allowed in a sum of X'OO each. j FINED I'OK ASSAULT. ■ John Bates pienocd not guilly to ! clucrcre-s of. wilfully assaulting jjertio ! Smith and (ieorsre Jelly. The cooipiain- ] an I: Smith stated that tilt' acousc-d enj lered his srocnrr shop in Courtenay ; "lace and coniiiicnetd to abuse him anil | make use of filthy -language. There i had been some previous trouble; and the arcn-'cd. wlio Jnu! l>?en drin!;in<;, npjmrK!il!\-. eii'ered with the intention of set- ] tliiijr ui> . diff'Teiifcs. )Ip n>fu;'cd to i leave, am, Hit accused and Smith then ; closed. Jelly assisted, and the accusbd was thrown to thf door. :t'hfi nci;ii'!?d wa< fined 20s. on each ! charce. in default three days' impri.sonj in wit. I . OTKIMi raOSECI"TIONS. i Avail Allev and Urrtrude Jfartin wero I flirllllM- !Vlllil!l.:cd till l\0V<;ll!blM--1!) (11l I a ciiaiL;c ot' coi!.S|.'iriiig to precutv [ho 1 inir'Ciirriiiui- of a ciiinl person. ; (in :i fha;-(,'e of I lie theft of one hide. i viiliicn ;:t .tt, ilif prupi-rly uf Davidson j oiid Co.. Alfred Kiclmvd .Scarlc was re. : miMiiied 'ill Novcmlier I! 1. An I'ldiT.'v nijiii iMinod (ioorge l'iirlicr M'l.)«ii',"ii!; was chargod with: (1) Tlicft of four rolls of calico, three pairs of Bilk stiicl;iii;:s, and two epulis, valued at I "i'.t 1!).-;.. (hi; property of !ii> emphiyers, Oeo"Ke .Hid vieiirgi-; and (•>) with' the thi'l'l of one r:ill of longcloth, one. roll nl' skirting, and one roll of calico, valued J at ,tii, iis. G:i., the property of his emj i)lovers.Cii'::i'Ke and (.feorge. Upiii.tlio I iiDiilicatinii nf the police the aecupcd wii.h ! riMiianded till Novemlier )!). I A further remand for a week was ! circuited in the case of Frederick Enuin- ; nel Siini>H, who was charired with ob- : lainiiiß from William Henry Xevillo Auhh 11 motor-car, valin-d at .C-llfl. by i.inr.iM of a false pretence. Mr. N. A. j l'nnd, who appeared for the accused, •Tjiplicil for bnil, which was granted i;i fie sum of .t'liill iinil one suretv of ; JJlofl. I A remand (ill 10-d«y was granted Ihu i imli'C in I lie c:>se in wliic/i Amlre\r was charged with the theft of .tin Is. Id., nt Globe Kill, licefloii. the pniperly of Thomis 0.-llnfa. ]iaj| was allowed in Hie sum of .C2fl. Unmingß Carlos was further remanded till N(iv -mbcr 10 en a charge of assaulting William Husscll so as to cfliiso him actual bodily harm. Sub-Inspector Emerson stated that liussell was still in hospital as a result of the injuries received.

"This man wns arrested for his own good," e<i,id Sul>liisi«ctor Emerson when tieoijjo Jfenry .Eviuis was clinrgcd with viijjrauoy. Continuing, tho Sub-Inspector stated that Evans was found sleeping out when only recently lie. had been tlischarg&l from hospital alter an operation for appendicitis. He was also without ineaii.s; and nothing previously wns known about him. His .Worship decided to lvuwnd Evans till this morning in ordor lo permit (nquiries to lie made. A scamiui named Thomas Austin, bolonging to Ihe steamer Kaipara, was fined .£3. in default .seven days' imprisonment, for disobeying tho lawful command of his superior officer. Charges of committing a nuisance in Manners Street were preferred against William Thomas Henry and William .MiiKgari. Each was convicted and hned 10s. Two first offenders for drunkenness were convicted and discharged. UPPER flwTcflDßT Tne monthly sitting of tho Upper Hutt .Magistrate's : .>:rt wns presided over yesterday by Mr. E. X'age, S.M. I'or allowing stock to wander on the public l'oiuls, H. Enston was fined 10s., with os. costs; J. Dunn, M, with 75.; and J. Scott, Jc\ bs., with "s. CIVIL CASES. J. Goaiigc (formerly a storekeeper) sued It. Cunlifie tor the recovei-j- oi .£65 12s. Wd. for goods supplied and cartage. Air. O. C. kazuiigiirb appeared for plaintiff and Mr. J. Scott for Ounliffe. In defence, Cuniilfe stated that he received an account, which he returned for correction, lie claimed that certain credits were due to him for goods supplied, sacks returned, and overcharges due to shortage in weight. The difficulty appeared to be to ascertain the actual amount owing by Cuiililr'e, and at tho suggestion of the Magistrate tho parties conierrod. The claim wns consequently reduced to Ml 2s. 10d., for which judgment v.-as entered for plaintiff, with costs on the lower scale, £'i Is. A. Ilugjiits (Mr. 0. C. Mazengarb) proceeded against Walter iJeavis (Air. B. H. Webb) tor Jcl, balance of account due foi work done. Plaintiff hud erected a chimney tor lieavis, for which his chargo wns *4 10s. It had taken him about eight days, and ho had to travel about seven miles to the job, to which Jio carted all tools, etc., necessary. When the job was finished defendant had tendered payment, but the bricklayer declined to tako tho money, saying it would do any time. Subsequently defendant paid £2 10s.; and refused to pay anymore, but claimed 1103. for board and lodging and Ms. for cartage. Beavis contended that thu price was exorbitant, and the time taken too long, lo called experts to show that it could he done for Ms. a day and completed in two days. The reason he tendered paywent was to get rid of plaintiff. His Honour gave judgment for plaintiff tor £\, but no order was made for costs.