MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2160, 8 April 1908, Page 1

MAGISTERIAL.

-<* TUESDAY, APRIL 7. (Before Hr. W. A. Barton, S.M.) DRUNKENNESS. A lirst offender for drunkenness, a recent arrival from Napier, was convict ot<l, ami lined ss, with 2s costs, ill default 21 .hours’ imprisonment. PROCURING LIQUOR.; A man named John Osmond, who failed to appear, was charged with having procured liquor on March 31, during the currency of a prohibition order. Evidence was given by G. J. A. Johnstone as to the issuing of tho order, and by Constable Scott, who saw tho accused with beer in his possession. Accused was lined .Go, with 7s costs, in default 6 weeks’ imprisonment in Napier Gaol. On a charge of supplying liquor to I lie previous accused, a youth named John'-.Murray appeared, and pleaded not guilty. .-e, Countable Scott‘staved that" ho saw tho mail Osmond in company with accused and another boy in Lowest root. Osmond and the "hoy walked towards tho river, and accused crossed over and entered the Masonic Hotel. Witness then went oil to tho Esplanade, where lie saw accused hand a parcel to the man Osmond. Witness then accosted Osmond, and asking for the beer was told that he had no beer ; but witness eventually took a bottle of beer from under Osmond's coat. Accused at the time stated that lie did not know Osmond, nor did lie know he was prohibited. Accused, giving evidence oil his own behalf, stated that lie had never seen Osmond prior to the 31st March, when lie (witness) had been only three days in Gisborne; Osmond asked him to go to tho hotel and get him a bottle of beer, and he had no idea he was prohibited. His AVorsbip said that ho was inclined to accept accused’s version of the story, and if ho did not know the man was prohibited lie could not bo liable. Tho information would bo dismissed.

ALLEGED FORGERY AND UTTERING.

Martin Malcolm O’Halloran was charged with having, on April Ith, committed forgery, by means of a cheque, purporting to bo signed by H. A. Tucker, Alpha Sawmills, drawn on January 25th, 1908, on tho Rank of Now South Wales, in favor of Martin M. O’Halloran, or bearer, and with uttering tho sumo to Henry Smith, 'bookmaker. Detective Rawlo conducted tho ease for tho prosecution, omd accused was defended by Mr. G. Stock.

The lirst witness called was Hamilton A. 'l'ticker, manager of the Alpha Sawmills, who stated that the signature on tho cheque produced was not his. Ho had no account with tho Bank of New South Wales. Accused had been employed by tho company for 18 months. To Mr. .Stock: Had always found accused to bo a good worker, and honest.

Cecil Sargisson, teller at the Bank of N.S.W., stated that the cheque which had been produced was presented at tho bank on Monday, and had been returned marked “No account.” Tho ebequo was ono from a book issued to the Hibernian Australasian Catholic. Bonefit- Society.

Henry Smith, bookmaker, said that oil . tho 4th instant ho. was at Rowell’s billiard room. Accused asked him to cash a cheque for £l2 18s 7d, which ho did. Witness presented tho cheque for payment at the bank, but was detained, while the teller of the bank communicated with ilio police. To Mr. Stock: Accused cam© to him in a room off tho billiard saloon, where lie was with other men playing poker. Accused had also been playing, but witness could not say with wliat result. Did not seo accused give the money to anyone else.

Some further questions were asked regarding the limit of tho gamo which was being played', and also as to the value of certain hands of cards which had been dealt. Detective Rawlo stated that on account of representations made to him by the witness Smith, ho interviewed accused, who made a voluntary statement, and signed it after it had been taken down in writing. This document stated that on the evening in question lie (accused) was gambling in the back of Rowell’s promises, Gladstone-road, After losing £5 6s ho wrote out a cheque; for £l2" 18s 7d, and signed the name of H. A. Tucker. He all along intended to release the cheque from Smith. Ho had no motive in dating the cheque January 25, 1908. He got- the cheque out of the Hibernian Society’s cheque book. To Mr. Stock: Accused did not mention the fact of having lost- money by. any particular hand of cards. Accused, who pleaded not guilty, reserved liis defence, and was committed for trial to the next sittings of the Supreme Court in Gisborne. Bail was allowed—accused in £SO and one surety of £SO or two in £25. NOXIOUS WEEDS CASE.

In tho case of Inspector Ross (Mr. •J. W. Nolan) against Hugh Binuio (Mr. T. A. Coleman), a prosecution for alleged failure to clear his land from blackberry at the proper time, bis Worship delivered tho following reserved judgment:—“After looking fully into this case and considering the evidence, I have come to the conclusion that the plant, which is tho subject of this information, is not a noxious weed within the meaning of the “Noxious Weeds .Act” of 1900. Tho plant growing on defendant’s land is known as blackberry lawtoniana. The blackborry which is defined by the Act to bo a noxious weed is wliat is known as blackberry rubus fructicosis, anil it is clear from the evidence that what was growing upon defendant’s land does nob come within that designation, it being a hybrid of tho blackberry. .The information will therefore, be dismissed. AN OVERCROWDED .STEAMER. The Collector of Customs proceeded against the manager of the Gisborne Sbeepf.anners’ Frozen Meat Co. lor having carried on February Ist, on the s.s. Karoro. 05 persons'more than til- certificated number. Mr. Stock appeared for the defendant, who pleaded guilty. Counsel detailed the circumstances of the case, which lie stated was at the time the Tuatea was disabled.

The Collector of Customs stated that the- Department did not wish to press for a heavy penalty. His Worship considered it a case where a nominal penalty only should be inflicted. Defendant would he fined 10s, with Id per_liead for each extra passenger, and 7s costs.