MAGISTRATE’S COURT.

Hokitika Guardian, 25 October 1923, Page 3

MAGISTRATE’S COURT.

THURSDAY. OUT. 20th. (Before Win Alt-ldrum, E-q., S.M.) LICENSING Ad. The police charged u j.ielidultd person with being on iict-ns- J premises, i Longford Hotel. kem ine; ;. who e.io mil appettr. Con.siaole Drumiiinml yc.'t evidence. Fined Cl and (osl- ,s. The police charged a rr>:<icnt i u whom .Ur Wells appeared oi b. ing on licensed premises alter hours (.Uasiinic Hotel). Filled £L ami e ,-.t.- 7s. The pyliee eharged anollier te-iiiciii with being on licensed ouiu;"-- alter lieurs (Alasonie il-.u-11. and with a breach of a pmlr, nit ion nriler. ’.i ho pleaded guilty to both , bargee a:.d plained the eiivumsitmce'. Eim-d J-1 and costs 7-, On each charge. The police charged two resident.' with being nil lic-'ii" d premie - after Ino'.iat All Nat intis II itel. Hiniu. Air .Murdoch lor deK-iui.iiits put bnth defeiidants in the box to make an exphintion of the reason ol their p-r. - lit (rail.cello t walk :■ on cling ol Die Rimii D omini Board. Hi- ). orsltip accepted the exphinaiionr. as icasumtble, and disini-sed b Hi iuior imtion-. Two Rimii residents similarly charged (All Nations Hotel. Kimu) (lid not ;• !»- pear and were convicted and ordered o pay costs 7' each. Two local residents similarly (barged (asoiiie Hotel) did not appear. Due was ordered to pay cost' ,s. and 'ln’ other a second uifemler was lined and costs 7s. WANDER I Nti CATTLE. J. Fox. Borough Insn-'ctar (Mr Bark) charged R. Davis with allowing a liorsti wander. Filled 5s ami (lists 1/sOd. Same v. M. ib.uslon. 1 Imrse. lined 5- ami ensis I 7-- (I i CYCLING ON FOOTBATH. 11,-l-heri Spoor, charged with riding a bicycle -. n footpatli did not appear. Eim-d 5s and col -17 s (id. JUDGMENT SUMMONS. M. E. Row-Icy (Mr Wells) v. Hugh Locker, judgment summons "25 Id'. (triler mad-- for payment, in default one mouth, at late oi £B> per month. RESERVED JUDGMENT. (Jis Worsliin gave iii' "eserve<l judgment in the licensing ia-i-s oi I‘oliee V. (’rebel- and I’olice v. Boyd in comieci imi with chitrgi-s oi supply liquor ail.! selling lieunr. heard at last -itling. In tlm ease against Crolmr. Ins M or--11•! h.-ld that the barman wtis not placed in - lier.n- a-- acting lieetisee. ami t lie re fore In- was guilty < f ing !i----q„„r. and w.mld be lined £2 and costs

!lli be ease against tlie licensee < Airs Ruvd ) el M-lling Innau’- la- li-'i'l i' e tlm charge bad failed, am! that H-e case would l>" dismissed. DEFENDED LICENSING CASE. The pnliee ,'bal-g •<! -inbn MwC'-Vim. B- , ,-iiM‘e ef the Ml"- I i • Hotel, w it H opening the bar I'm the purpose oi supplyini" liquor al’t- r hours, and <’M> ''ing: limmi- lor -ale. anil Bid rick O’Connor „ ill, being on licensed pr-misi-s after hum-.. Mr Aluriio: b. for defendants. |i|i ailed nut nill v. ami the two eases nei- 1 11 •:t i d togei !n-r. Ser-l King gave e'id"im-' that at | I. !.-, |,.m. ell (let. I t. he vSited the Masonic lie:- 1 . Two men w.-re in Dm parlor Tlm slid • ef tlm bar was wide and tirn In- wa- m th- lair. draw net two gl„- • of I ''.l;.' ,c I lie adioi niug f" at heard mm mat' "-D In- was a I-ng i ' c. Gim mac. O’Cmi|.t. wa- .Met 'enie.. that u -.,s ’ll am! he UUs going to 'Sav there. Al't.-r further uue-iw.u he l,p. ~ai,.e wa- Patrick (l’( minor. ,'mt McCarthy and that he heal miy cane into the hotel a lew_ mmilie-' fnns to >oo n hoarder. rnt '«.* i. o slide and could the whole ol lie , intent- el Dm ’ 1 !l " "’" l cue ~f the men wa- a boarder. and that h" did md know who ordered the drink - . t.U( G'tommr bad beet, ;n tie t, ,J • •. I; )I j I lu I > filli 11” cm kn- w w bat hi- basil - « a-'- , To Mr Mnr.loe'i Morgan aas in -V’ tail at the time. His answer- were a.d sii-uigbl forward. Em- ibe (IFire Mr Mu,dm h . ade-l John Morgan licensee ol the A.a-mim Hotel, who d.’i'O-' d Gmt be wa- m . ” Per fixing a screw. Lett ihrDm 'ittina roam, two being bmirders. When in Ha- bar 1m In-ard a t:i!) at the Slide and Egan, a '••■ard-r e-ked In three drinks and while witness was celling them tlm Sergl. cam • IP. " had raid for tlm drink-. Hoard the s.-rc-ji ni iU.'l ()’(Vumor • i »- 'I'!; 1 Sergt King. He drew Dace-’

" r Sl..r I— , , 1 , ; 11 !>" p.jgd at Hi" Masonic 11 , | AVas or,— mu in t In' lintel wJ i i .~f • s..ri . Ix mg Alercer and <) ( onnm . • 1 ■ io i: 1 :iill .•lathes. Morganas i • • , 1*.,. \\'\v for over knit b:;;;: n, Vho.oL.skcd u.c H, qril n'Conimv say bis mum w~- - ' Curthy. Tbcyi,adtbcdnnksatiet'.be Si rgt. wee 1 | , To the IfcU'-h. - ■<> C on"*'!' ' SIS s:. K H.eSergt. AYUoessordeeltb.din.K. 11 |»; , ;; l iekO ! Conuor "deposed be went to T'-iiVtVVVi K,.,,.-); ' ' two be went mi He 'ad , , i... other loom. ■" ,| v. In'll the ts.'l'gt. came in- tr'oVm'iL^.im ihe saw ibo ;\V I mit il-me .li" drink a- the Scrgt. I, him to go, out and witness Mont

• . . • i -it wi- clonrl.v supply the order o( tU« k.^'-s “k, I 'a, rt'"!.. :,'»>• ->'.l. thi- was supported M ,• •• o ied O'Coe,- 1 The eases ag.nui-t !• ■ • • ,!or Th‘!hruA M UOAi> ASKArLT ( lIARCES.

Police charged Fmanael "i'la'iias by striking him with i ..ml will) having tts-iniUtd z:<: .-a- '-IM- ;■'* j, Mr -tellers appeared t..t J.-oVndant and King >«"' tl "'

Mr Seller- a-kod for the. charge- “ be reduced to that ot common assault. i„ lieu of one hetng an mdmtabk ‘■’’jir s. Ib-r- referred to the charge and stated the accused had no recollect.on of ilie adair. which was the rosu.t of d -lu-ioiis following a drunken in. 1 h*. parties alfeeted were all relations, ana i.od been all living together. It nu.s acknowledged that the attac.t_ «« emirelv unprovoked, and as previously stated he had no knowledge of the attack. He asked for the charge to 1-e retimed. Hi- army discharge nnmarkod very good. ... answer to the Bench. >ergt. King ; stated there were no previous records against accused. ' His Worsliin said the evidence bef ,-e hint of Dr Baird stated the assault was a very serious one. He would like to bear the evidence of the man . injured before making a decision. ; IV Baird's evidence taken earlier m I the dav was as follows John Brace Baird state evidence that

ho was a medical practitioner at Hokitika. On :29th. Sept, at 9 p.m. at Westland Hospital, saw Joseph Freitas in I ed sulieiimr from a lacerated wound on the scalp about ail inch lone behind each ear. There was another wound about It inches lonp. lower down on the hack of the head, with a considerable contusion of the skin. T liC'J’o was considerable bruising on the wounds’ edges. Hieio was also considerable bruises on F-e lelt upper arm and left side of the hack of the (best. He was suffering from shock but not from concussion. He c.omj lamed of great pain and stiffnc.-s in the inti tired parts. The patient said he thought I’eter .Souter had hit him that evening- He was very vagu t . and seemed to have lost his memory. It is ideas of time were very vague. The injuries hr,l probably been indicted by blows from a heavy weapon. Iho article (portion of it pram axle, produced) could quite probably have inflicted the injuries. The injuries were not in a relatively dangerous part of tile skull. The force used might have been dangerous if inflicted on another part of th 0 head, pile injured man was still a patient at the hospital. He did not think he would suffer any permanent disablement. To .Mr Sellers-The patient did not sav anything about the cause of the row. Freitas was able to work at his usual occupation. Joseph Freitas deposed he was a dairyman at Westland Hospital and had been there for 12 mouths. The accused was hi- brother-in-law and i<si,Pal with witness. On 29th Sept left Hokitika At. 5 p.m. and went to the Hospital cowshed to milk. 1 hen James Cropper came in to assist. Had lK'at|v finished one cow when I’eter Stutter came to the shed. It was not usual for him to cotne to the shed. He up peered to he sober. He fir.-t started to sing and then to swear. I ho ll he asked for a -igarette papier and witness .gave him one. lie was swearing when wife of w itness came to the door and she told Peter to leave Joe alone, and asked what was the matter. Sh" then went away. Asked Souter if he was going to give a hand to milk. Ho said his black hands were a societv like yourself Titov want doing lor like yit. Then he left tin- shod. Witness went to the gate io shill H. Did not so,' Suitor. Received a heavy blow on the right side of the head. Then he received another blow on lit- left side id the head. Then Peter Souter said von Pluck Hand Societv bastard, and limit witness wits struck nit the point el He' shoulder with a niece of ir" ;| . I iirst blow was the hardest :me. t ’undo the blood How last, lie had nnlv three blows that he could remember. H" ', Vi,s struck with a t'ieee of an axle o! a perambulator. It was about a loot longer loan the piece produced. Had seen ibis piece of iron in it shod at bis bouse some IV Chains away. After the assault bo limn'd a voice say: Won turn nest." Did not tone tuber unytl.in-' after that till ho cam" V‘ hospital. It was Peter Souter who m(lifted the 'mini ies on linn. . U ) llnos ' was st ill an inmate of the l.os.n \ a,. To Mr Sellers -Souter bad i*>*etl „,vr It! Vi.t. v.itiiv". 11. pw

nr nrovncation whatever . , 'l'd' ji„. no .murid .with llnd novor assaulted witness hcfmv.' Il=i.l nff.i heard him tall: about the Flack Hniul Mty. was ponerallv of a V nature. ||i- Worshin sialed llm! tin- a'---'.'ll |,ail boon a serious one. but ar-nareiul> tlie accused was not „«.to m Ins nfchi mind will'll the assault ton, 'I. . Lm-kilv for bint the injuries bad not proved as serious as it was at ’'is thctiplit they would be 1 n.ler all ■ circumstances be would reduce tin char no of eaitsine lmdily barm to one ol < mumon assault. T(l(1 dmpiics. induced in common n>s; ,uH were then read and Solder pleaded eiiiltv to both. S'l'Sl ' Kin« said the seeond nssanl. Emanuel l-'reitas tool: place oil the road, lie met Soutor, who struck mat on the bead with an iron bar. Freitas dropped Ids bicycle and cleared. Serpt Kilty; slated that ho arrested Nailer that evening at 9.30. who said he bad to do for Freitas as the latter was jo.i.i to shoot him and spoke m a very u rational maimer, lie appeared to b« sulVerinc from delusions. Ordinarily Kouter was a <niict inoffensive man, whose employer nave lum a pood chut actor. . ||is Worship said on the eharpe <>l assaulting doseph Freitas he would he admitted to probation for Id months to report to the Probation Officer once «i month, on condition that he paid into court CJI at the rate <>{ to per month, Cl- ol tvliicb ini' to pi in payment, of hospital maintenance and Fid to Freitas for loss of wanes, with costs of witnesses d(ls. Oil tile second charge of assaultin': Emanuel Freitas, the defendant, would he convicted without penalty.