MAGISTRATE'S COURT

Dominion, Volume 13, Issue 74, 20 December 1919, Page 14

MAGISTRATE'S COURT

ALLEGED FALSE PRETENCES. AN INTERESTING CASE A privato prosecution alleging false pretences, and presenting some unusually interesting features, came up for hearing beforo Mr. P. L. Ilallings. S.M., at the Magistrate's Court yesterday, when Maurice Max Pizer, furrier, charged Nellie Mary Cuuiffo with false pretences. I'lio ease arose out of some repairs which tho informant undortook to cffect to a fur ooat belonging to tho defendant. The work cost i;l2. Later, the defendant called.When tho informant was out and claimed the coat, which was riven to her. CoiinM for tho informant (Mr. C. W. Tannui:) contended that defendant's action resulted in his client losing his iion, amounting to £12. Tho informant gave evidence to tho effect that ho informed the defendant that eflio could not toko the coat away without paying for it. To Mr. 11. l'\ O'Leary (for the defendant): Before laving the information ho had consulted the police, and his experience told him that ho could not havo a person arrested for taking his own property. He had not made any inquiries as to Anther the defendant could pay for the work done. Ho did not consider that he had done anything out of the ordinary by taking orrminai proceedings against the defendant.

At this stage His Worship, without calling upon tho defendant to give evidence, said that there was no evidenco to substantiate tho charge of fraud, and it appeared that advantage had been taken of tho oriminal code to secure a civil debt. The information would bo dismissed with costs.

AN UNSTAMPED RECEIPT. Mark Benjamin pleaded not guiltv to a charge of giving an unstamped" receipt. iJetectivc-Sergeant Eawlo stated that on September 22 a man entered the shop of the defendant in Courtenay Plaoe and purchased a cabin trunk for £i. Tho defendant handed tho man a receipt which was not stamped, and tho attention of the defendant was drawn to this fact. However, defendant did not givo a receipt, aijd the matter was reported to tho police.

The defendant, who was represented by Mr. L. Henry, stated that he had not any stamps at the timo and had intimated this fact to the man. Defendant intended to givo the receipt later. There was no intent to evade the duty.

After hearing the evidence, His Worship (Mr. P. L. HolUngs, S.M.) said that the defendant's explanation was not satisfactory. By issuing tho first unstamped receipt tho defendant had comlttittod an offence, oven though ho chimed that it was only an acknowledgment. Defendant would be fined XI, with costs 13s.

THEFT OP COAL. Tho theft of four cwt. of coal, valued at 10s., the property of tho City Corporation, wns tho nature of tho chaj'go preferred against five carters employed by Munt, Oottrcll and Co. Tho defendants' namra were William Freeman, Michael Likinski, John Oscar Sutherland, Peter John Brown and Charles Jones. A ohargo of receiving the coal, woll knowing the same to have been dishonestly obtained, was preferred against John Charles Harvey, a crossing sweeper. Detective-Sergeant ltowle said that the live carters were engtiged in transporting ceal from tho Railway AVhorf to the City Council's tramway electrio light station, and as the vehicles passed up Jervois Quay each. defendant pushed lumpß of coal from his vehiclo on to tho road. Harvey, the sweeper, collected the coal and- placed it in a bag. Sutherland denied naving committed tho offence. Plain-clothes Constable Tricklobank and Constable Graham gave evidence on the lines of Detective-Sergeant Eawlo's statement.

Mr. H. F. O'Loary, who appeared for t'iio defendants, said that tho men did not make anything out of the deal, but had acted as a result of a request from Harvey. Tho information against Sutherland was dismissed, us tho evidence in his case was contradictor}', but each of tho other defendants was fined ,£5, in default fourteen days' imprisonment.

ADMITTED, TO PROBATION. A soldier's widow named Annie Ethel Izctt pleaded guilty to a charge of theft of n ring, valued at ,£l9, the property of Mrs. Emmy Davidson. The circumstances of the caso were that the accused called at the house of tho complainant, together with two other women, and when left alone in the house lwd talcen (lie .ring from a jewel case. Tho complainant discovered her loss the next day and informed the accused, who offered to help her to find the ring. Subsequently, she returned the ring with tho stones reset and explained that her little child must have tnlcen the ring and by some means taken the stones out. When further questioned, however, the accused admitted that she had stolen tho ring and' in order to avoid suspicion had removed tho Btones and invented the story about, the innocent baby. As tho accused had previously borno a good character, tho Magistrate (Mr. P. L. Rollings, S.M.) admitted her to probation for a period of twelve months.

OTHER CARES. A remand to appear,at Invercargill on December 24 was granted, ou tho application of the police, in a case in which David Albert Goodsir was charged with failing to provide his illegitimate child with adequate maintenance. On the information of Mr. R. T. Bailey, Inspector of Awards, A. E. Preston, butcher, Courtenny Place, was charged with failing to close 'his shop ill accordance with a requisition. The defendant iwrote admitting the broach, and waa fined .£2. with costs 7s.

The following military defaulters wero dealt with: W. J. Y. Brown, fined .£1; J. D. Roberts, fined £2; H. W. Bailey and M. E. Chamberlain, fined 10s. each; anil W. Goodwin, convicted and ordered to nay costs, 7s. For a breach of his prohibition order 11. Dohertv was fined .£l.

On a c'hurg? of using obscene languago Cecil Bauks was fined .£1 and costs.

For drunkenness, Dennis Sloane was fiiwl 10s., and for n bread) of liis prohibition order lie was fined .£l. One first offender for drunkenness was convicted and discharged.

QUARREL. Reserred judgment was delivered by Mr. P. L. llolliugs, S.M., in the cases Matthew linkage, iruitercr, v. Alexander Bruce Smith, watersider, and Smith v. Babage. In the first case Babage asked the Court to order Smith to find sureties of the peace oil the ground that ho was afraid of him; that Smith had made use of certain objeetioiuiblo language, and. further, that he had accused the complainant of being a German who should have been interned on Sullies Island. Smith's action was one for slander. He claimed .Eflii damages, and '.11le,?ed that Mrs. Habage had falsely and maliciously spoken and published certain disgusting language. 11l reviewing Smith's action, the Magistrate said that the evidence as to tho publication of the words was very conilicting and unsatisfactory. The words which plaintiff asked flic Court, to believe were used, wero extremely vulgar, and no woman would be likely to use such language unless she were utterly depraved ami demoralised, and His Worship was lxtund lo say that Mrs. llabace, by the maimer in which «he gave her evidence, and by her appearance and demeanour in tho lwx, gave him Che :jnpressioa tint, she wns not that kind of woman. His Worship was inclined to think that, the plaintiff had mistaken her. Judgment in this ca.se would be for the defendant with costs.

In regard to liabage's action His Worslirp said that he had come to the.conelusion that it had been proved 'that Smith did use the provoking and insulting language alleged in the complaint". Smith would 1)2 ordered to find one surety and his own recognaienncca in ,ESO each, to keep the peace for six months.

At. tho hearing Mr. 0. G. G. Watson appeared for Smith, and Mr. H. I'. O'lAiry, together with Mr. C. D. O'Dotinell, for Babage.