MAGISTRATE'S COURT

Dominion, Volume 13, Issue 60, 4 December 1919, Page 3

MAGISTRATE'S COURT

EPISODE ACCUSED BEFORE THE COURT Details of an episode which happened in tho bar* of tho New Zealandor Hotel eleven months ago were related to Mr. E. Page, S.M., at the Magistrate's Court yesterday, when Walter Henry Newman was arraigned on a charge of theft of i!li from the poison, of James Christie.

The prosecution was conducted by Chief-Dctectiva Boddam, and the accused was not represented by counsel.

The clue wbicli led up to tho apprehension of the accused on tho charge was a fragment of a .El Bant of Australasia noto. On January ,'lO last Christie was in the bar of the Now Zejilander Hotel, mid in paying for a drink produced a roll of noles. Suddenly they were snatched from his hand, but ho was able to rcte.in a fragment of one. The culprit bolted. Detective-Sergeant Lewis came on the scene and investigations commenced. During the month of February a man came into the 'Dominion Hotel and tenteral a torn Jil note, niul requested a drink. The note was forwarded to the Bank of Australasia, and the poiicc were communicated with. Tho pieces matched perfectly. Subsequently Newman, who ■ was otherwise known as "Sunny Jim" by his bar-room associate;, was taxed with the crime, but denied ir. However, a man who witnessed the episode swore positively thnt Newman was the man, and similar testimonies were volunteered bv the barman of the Dominion Hotel, also the proprietress and her assistant, At the conclusion of the evidence the chief detective asked for an adjournment till this morning, in order that ho might communicate with tho Inspector of tho Police, ond tlx) Bench agreed to this.

DKINK AND THEFT. That drunkenness was responsible for his appearance on charges of being on licensed'premises during prohibited hours and of theft was the plea of a man named Hay. The evidence showed that defendant had been drinking heavily, and that certain articles of clot'iing belonging to other people wora found in his possession.

Dr. Sydney Harcourt Arthur gave evidence as to the accused's past good character, and also the effect drink had o;i him. Ho recalled a previous occasion when Hay was under the iniluenco of liquor and called at witness's garage mid conversed with him. That he ktieiv nothing about it witness proved on the following morning, when he called at accused's house and referred to the visit at the Ravage. . The accused did not remember it. Liquor had tins effect on the accused, that he lost his head before ha lost control over his legs. The accused then gave evidence, in which he *nid lie could not remember anything of the affair.

Counsel quoted authorities to support his contention that the defendant was not: guilty of criminal intention.

His Worship considered that a conviction must be recorded on each chargo, and was deferred pending the .hearing of a chargo ct Petone

OTHER CASES. A plea of guilty was tendered by Frederick William Rmjtli, vhen charged with being drunk whilst in charge of a motor vehicle. Sub-Inspector Emerson staled that the defendant wiv. in charge of n mfitor-bu's, and on Tuesday afternoon lie was found asloep 'in the vehicle, which was stationed at the corner of Bowen Slreet. The. man was incapable of driving the vehicle, and was arrested. His Worship took into consideration tho fact that Hie defendant was not actually drivni.s the vehicle at the time, ami lined him .£3.

Fr.r drunkenness, Charles Mack was fined .52, and made the subject of a prohibition order. Fohert Pitts was fine(Mo3., and far a breach of hi? prohibition order was fined .£3. Two first offenders were fined 10s.', and one other was fined ,ss.