RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3715, 19 January 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

(Before J. Bathgatfc, Eaq., K,M.) Tuesday, January 1$;,

Drunkenness.—John Doliring was let off with a caution.

Vagrancy. —Margaret Griffin was placed in the dock charged with having ho lawful means of support.—Sub-Inspector Mallard asked, as there were three other women charged with vagrancy, and the circumstances being somesvhat peculiar, that the evidence in one case should bo taken as for tjie whole, so as to save the time of the Court; but Mr E. Cook, who appeared for two of the accused—M. A. Palmer and Hetty Barnes—objected. —Griffin was then removed and Hetty jßarnes placed in the dock, and charged, on the information of Constable Conn, with having visible means of support on the lijth infant.— TJie Sub-Inspector : With your Worship’s permission, I will explain the reasons whj these proceedings are taken —Mr Cook contended that the reasons ought not to bo stated in Court. The women were arrested on warrant and dragged out of tbuir houses, and had been dealt very harshly v/ith. tlis Worship would he very glad to hear that good account from counsel, which was necessary to relieve the accused from that portion of the statute which threw on them the onus or proving that they had means of subsistence.—Mr Cook must complain of the action of the police in dragging these women into the cells, and incarcerating them all night before they were convicted. What should have been done was to bring the prisoners up on information. The action taken was unpardonable. His Worship decided to allow the police to state the [reasons [that induced them to bping the charge.—The Sub-Inspector was about to state his reasons, when he was interrupted by Mr Cook. Addressing the latter, the Sub-Inspector said that if he was to conduct the police business, he u,ud conduct it as his Worship would allow him, and not to Mr Cook’s dictation. The accused was brought there for this reason : ahe was one of a number living in the upper part of; Maclaggan street, who were daily becoming worse and worse, so much so that the whole of the inhabitants of that neighborhood had drawn up a petition and forwarded it to the police, praying for their removal. The women went kite at night and. early in the morning out into the streets in a state of semi-nudity, prisoner had been ought in the act on Friday night last.—Sergeantmajor Bevan proved that accused was a prostitute. He had seen her on the streets at night in company with different men and at different times. She resided in a brothel, ‘ in Maclaggan street ; and ho had seen her walking the streets up to midnight. She w-as always a disorderly ‘girl, and associated with .others of the same class.—Andrew Hyglop, builder, living in Clark street, said this house overlooked several brothels, all of which he was anxious to see removed. r ! he women occupying them frequently appeared Mi a state of sempainUty.—The wjbueaa wa?

being examined when his Worship said that it might shorten proceedings if he reminded counsel of one point. He had already held the fact of a woman being a prostitute to be sufficient to bring her under the statute. The only proof that he required was that she was a prostitute ; she, on the other hand, being unable to prove that she had any lawful means of support. Having already, on a previous occasion, stated that as the law, and having, in liberating the parties then before them, administered a very strong caution; if the police hereafter brought any woman before him, and proved she was a prostitute, he was bound to convict under the statute. But, although on that previous occasion he stated that the law was so stringent, it was bis intention to administer it in a humane maimer, and not to press it in its utmost strictness, unless the police proved that there was some overt act or misconduct. The police were now proving that, and unless there was evidence to the contrary he was bound to convict. The police bad not only proved that accused was a prostitute, which alone was sufficient, but also that she was a nuisance to the neighboihood, and conducted herself improperly. he had stood in the strec; in a state of half nudity, and the po ice would be much blamed if they had not brought her before the Court. He did not want a raid made against those unfortunate women as long as they did not misconduct themselves, or solicit men, or walk the stree’s at night. —Serut. Kimon proved that on Friday las', he saw accused on the footpath in Maclaggau street She was then divested of almost all clothing.—Sergt. O’Neil denosed that accused was a prostitute of the noisy class, and Sub-Inspector Mallard stated that accused and the three others were in the streets dancing after ten o’clock at night on Wednesday last. About twenty men were there.—Mr Cook, for the defence, produced a Bank book, showing that accused had L 4 10s in the Savings Bank.—His Worship said he must regard this as money made by prostitution. While not approving of the mode of life adopted by the accused, he did not think that the police would interfere with them so long as they conducted themselves with propriety or did not become a nuisance to the public. Accused was sent to gaol for thirty days. His Worship, in passing sentence, said ; A case of this kind is deserving of consideration on the part of the Municipal Council, as to whether they, on behalf of the public, should not adopt any means for putting a stop to this nuisance by indicting the owner of the house, (as was stated on a famous occasion by a reformer, “ Pull down the nest and the rooks will fly away;”) and while the police are justified in the peculiar circumstances proved in bringing this case before the Court, those who get the gains from the rents of such a house are more morally guilty than those unfortunate characters who are now before me. lam satisfied that the Municipal authorities would be doing no more than their duty in indicting before the Supreme Court as a nuisance the owner of such a house. We all know that private individuals do not care to put themselves forv, ard in such a case ; it is one in which the Corporation ought to take steps to put the nuisance down.—M argaret Griffin, who had previously been before the Court and cautioned, was now sent to gaol for three months. She said she was by a man, whereupon his Worship told her that he knew the money was given to her for prostitution— -big&il M‘Donald was sentenced to two months’ imprisonment; and Mary Anne Palmer, who was favorably spoken off ; by the police, was let off with a caution.