MAGISTRATE'S COURT

Dominion, Volume 13, Issue 209, 29 May 1920, Page 3

MAGISTRATE'S COURT

THEFT OF COAL A HAWKER SENT TO GAOL A very long chargo ahoet was , pre* B-nted at- the MagwtrateV Court yesterday. Mr. E. Page, S.M., was on tho bench. , ' ' ... Archibald West, who was described an a hawker of fmit and rabbits on week-, days and of whisky and beer on Sundays, was charged with beinsf a rogue aid vagabond in, that ,he habitually consorted with reputed thieves.. After her.riiig the evidence of the police, west, was convicted and sent to prison for six months. ' Harry Berry, a waterside worker, tor whom Mr. H. F. O'Lcary appeared pleaded guilty to the theft of lflewt. of coal -valued at -20s„ tho property of the New Zealand Government. According to the evidence the coal was obtained by collecting the" sweepings on- tho Minimar , wharf. It appeared that the s.s. Infi" unloaded coal at-the wharf and had to leave hurriedly to make Toom for the b.s. Karamu, which also left a quantity of coal 6trewn on tho wharf. Berry,who had been unloading the. coal,. 6wept up the loose coal and bagged up 9 bags and paid-'a'-carter over 20s. to' take tho hags to his house in Mitchelltown.- -Berry was -given a very good character by tho labour foreman-.' Ml'. O'Lcary, in his plea for. lenient treat•ment, stated that Berry was a married man with four. ..children, and his wue was more or less of an invalid. Prior to taking t.ho coal the family were without firing for five' days, and Berry, seeing this coal going to_ waste, bagged it up and arranged for its cartage to his home. The theft was not one of the usual cargo-pillaging type, and counsel thought probation would meet the. case. Berry was fined ,£5 and ordered to pay ' the value of the coal^and costs . A remand for a week was gran toil in -the case of Daniel Andrew Williams, who was charged with the theft of nn overcoat valued nt ,£5, the property of. William W. Squires. Llewellyn Hathaway and Florence May Smith were jointly charged with the theft of a lady's evening dress valued at £% Bs., the property of Nellie Walsh, and the female accused waa further charged with receiving the dress from Hathaway knowing tho same to have been stolen. Mr. O'Leary appeared for . Hathaway and Mr. P. W. Jackson for Smith. Tho hearing was,, byconsent, adjourned, for a week For-using threatening behaviour in Ghuznce Street whereby a breach of the peace was occasioned, Michael Crowley and .Taipes Shanahan were convicted and fined 20s. each,, and ordered, .to. pay costs.' Edward M'Kean was convicted and ordered to come up for sentence when' willed upon within a period of twelve : months for assaulting Archibald Cooper. - On hia seventh conviction for drunkenness within a period of six months, James Robertson was fined 405,, in default seven days' imprisonment, .'and for committing; a breach of his prohibition order he was. fined ,£4. with the alternative of 21 days' imprisonment. Daniel Tael, who committed a grossly indecent act while drunk; was fiiild 1:5, with the option of serving 14 days in gaol, and for drunkenness he was fined 65., in default 24 hours' imprisonment. Mr! M. Myers appeared for' Sam Howo, a barman at the Albion Hotel, who •pleaded -not guilty-to supplying liquor to a man already drunk.. After hearing evidence the Magistrate said that there waa a.doubt,left, in his.mind, imd he would not enter a conviction. This was the second time a barman from , the hotel had appeared in Court; evidently there was something unsatisfactory about the conduct of the hotel, and no doubt the matter would bo reported to the Licensing Com'mittee.

Benjamin ,'and'lGeorgo' Smith, who were represented- by Mr. D. M. rindlay, pleaded not' guilty; to ..Wihqyjng sand from, below, high-wator mark, on Ohiro Beach.. Expert ' evivdence was called for the defence, to show that the point, whence- the sand was taken was not below high-watermark.' /The' hearing was adjourned to enable the Magistrate to view the locality. ; James Leach (Mr. H. P. O'Leary) and Charles Donnelly (Mr. P. J! t Otßegan), two taxi-drivers, were charged on- the information of the police with using threatening.behaviour so as to cause.a. breach of the peace, 'The 'Magistrate (Mr. P. L. Hollings) said that it was a disgraceful affair, and it was a pity that the men could "not find something better to do while wailing for fares. They were equally to blame and they would be convicted and each fined £2 and costs. ' - 1

' For failing to attend drill, F. H. Brown was convicted arid discharged, and W. J. H. Brown was convicted and fined lfls., with costs 7s.