RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3804, 24 September 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Prcecc, R.M.) BREACH OF SHIPriNG ACT. ■ Henry L. Anderson, master of the s.s. Maori, was charged with having, on the 19th inst., carried six more passengers in his vessel than is allowed by the Shipping ActMr Patten, Collector of Customs, conducted the case for the prosecution, and Mr Cornford appeared for the defendant. Constable Harvey and William Cooke gave evidence that on the date in question when tho s.s. Maori arrived from Wairoa there were eleven Europeans and five natives on board. E. Patten, Collector of Customs, on oath, said tho Maori was licensed to carry ten passengers only. Mr Cornford called Captain Anderson, who stated that on tho date in question tho Maori ran aground an hour after he started from AVairoa, and while the vessel was aground a whale boat containing several natives came alongside, and half a dozen of them jumped aboard, despite the protests of witness, and refused to leave when so requested. Mr Cornford asked that under the circumstances a light penalty might bo inflicted. A SECOND INFORMATION. The same defendant was further charged, on the information of the Collector of Customs, with having on the 17th instant carried deck cargo on his vessel to AVairoa, such cargo not being secured to tho satisfaction of tho Harbor Master. Mr Cornford appeared for the defendant, and pleaded not guilty. Harry Kraeft, harbormaster, was examined, and said that on the 17th instant he noticed the s.s. Maori with cargo on her deok prior to her leaving for AVairoa. There were also passengers on board. The vessel was slightly out of trim. By Mr Cornford: The cargo on the deck • was green totara, and was not likely to float about if water came on the deck. It could not have slipped overboard. AVitnoss did not see it secured in any way. Mr Cornford said the case must fail. There was no offence proved, moreover there was no ovidence that Mr Kraeft was tho surveyor under tho Act. His Worship imposed a fine of £5 aud 9s costs in the first case, and dismissed the second information.

>~ With reference to the natives having croAvdcd on board the vessel the R.M. said that that Avas really no excuse, although he had taken it into consideration to a certain ; extent. It Avas the duty of tho master of the vessel under such circumstances to haA'e - returned to tho starting place, and have compelled the passengers Avho came on board • contrary to orders to have gone ashore. In any future case the full penalty Avould bo inflicted. BREACn OF BOROUGH BYE LAWS. Thomas Ready Avas charged Avith a breach of tho Borough building regulations in having erected a house in Carlylc-strect without first obtaining a permit. Mr Logan appoarcd for the plaintiff, AY. Black, building inspector. The . defendant, Avho conducted Ins oavii case, pleaded not guilty. ' Evidence having been taken, the defendant made a statement in extenuation of the offence.

' His AVorship said he Avould only inflict a nominal fine of 5s and costs, the case being the first under the bye-huv that had been brought before him. DRUNKENNESS. John Pringlo was charged with having been drunk in Napier on Saturday. The prisoner pleaded guilty, and added that ho had not been up for nearly twelve months previously. Sergeant Burtenshaw said the accused had been locked up since Saturday. . Dismissed with a caution. LUNACY.

Flora Montizena, on remand as a suspected y lunatic, was discharged. a Martha Smith, similarly charged, was further remanded for a Avcek. OBSCENE LANGUAGE. ■ William SAvanson pleaded guilty to a chargo of having used obsceno language in Emerson-street, adding that he Avas being teased by a lot of larrikins at the time and lost his temper. : Fined £1 and costs 7s. r \ . '. ' DRUNK AND DISORDERLY. ;ijames Mannix was charged with having on the 9th instant conducted himself in a disorderly manner whilst drunk in the Greenmeadows Hotel at Taradale. ,Tho accused admitted the offence, andAvas fined £2 and costs lis, also witness' expenses 10s, or in default If days' imprisonment with hard labor. Tho line Avas paid. CHIMNEY ON FIRE. - .Edward Starkey pleaded guilty to having on the 14th instant negligently suffered the chimney of his house in Beach road to be on fire. A fine of 10s and 0s costs Avas imposed. Thcopholis Starkey admitted a similar offence, and Avas fined 10s and costs 9s, also witness's expenses 6s. \ A DISORDERLY NATIVE. ' Urupene Ihakara was charged with havi ing been drank and disorderly at Farndon on 22nd instant, and pleaded guilty. The same prisoner was further charged with having at the same timo and place beaten and assaulted John P. Smith. Tho accused said he had no recollection of the affair. *- J J. P. Smith, the prosecutor, gavo evidence as to the nature of the assault. Tho prisoner stole a bottle of grog out of the bar, and Avhen witness expostulated the prisoner struck him sn the nose. Witness in return then let the native have it over tho head with the bottle. Subsequently tho native struck him again, and knocked him down on the verandah, fracturing one of his ribs. Two other Avitncsscs were examined, and the Coiirt inflicted a fine of os and costs, in the first case, or 48 hours' imprisonment, and for tho second offence a fine of £3 and costs 7s, or two months' hard labor. The R.M. reproved the plaintiff for not having" sent at once for the police whon° he saAV tho native steal tho bottle of grog instead of taking tho law into his own hands. For this reason tho plaintiff would have to pay the expenses of the two witnesses Avho were subpojnad, 1 Is. DRUNKENNESS. Ebenezor Dixon Avas charged with being drunk at Olive on Saturday. Tho prisoner pleaded not guilty. •Constable Pickering proved the charge. ' Sergeant Burtenshaw said the prisoner was giving the police a great deal of trouble lately. AVhen he got drunk he acted like an insano person. Fined 10s and costs, or in default 48 hours' imprisonment Avith hard labor, aud the Court directed that in the event of the ,priaoner being brought up again application should bo mado for a prohibition order under the Licensing Act. NEGLECTED CHILDREN. Flora, Samuel, and Lias Montizena avcio charged under tho provisions of the Criminal

and Neglected Children" s Act with being neglected children. Tho children, whose ages wore respectively 13, 9 and 5 years, were committed to St. Mary's Orphanage, Nelson, until they attain the age of 15 years, to be brought up in the Roman Catholic faith. The Court then rose.