MAGISTRATE'S COURT.

Taranaki Daily News, Volume LIV, Issue 107, 13 January 1912, Page 2

MAGISTRATE'S COURT.

OBSCENE LANGUAGE. Harry Victor Holmes, a young fellow of -20 years, -was charged before Messrs. J. 8. S. Medley and F. C. J. Bellringer, J.P.'s, yesterday morning, -with having made use of obscene language. The accused agreed to be tried by the justices, and pleaded not guilty. Constable* Smythe said that on Thursday at 1.15 p.m. he saw accused and three others in, Devon street. They were a little under the influence of liquor. He went across Devon street to ask them to move on, and when within four yardsi of them lie heard the defendant make use of the words which constituted the offence. They were not sufficiently under the influence of liquor to make an arrest. Men and women wet* passing within hearing distance. » Senior-Sergeant Haddrel] said when, defendant was brought to the station he was under the Influence of liquor, was very talkative, and he believed the defendant didn't know what he was talking abaut. The defendant stated' that when he was arrested lie was talking by the White Hart Hotel. He admitted having two drinks, and might have been talkative, but when he had two or three drinks he was usually quiet. He said that he took a piece of paper out of his pocket, remarking that if the paper were a cheque he would shout. His words could not have been heard two yards away. In answer to Senior-Sergeant Haddrelll, defendant said he had two • drinks at the Egmont Brewery, and his mate had one. If the constable heard -foul language, it must have come from a cabman. The words which he was charged with using were not mentioned by anyone in the crowd. When asked about having certain photos in his possession he admitted it, but denied using obscene language. He had been in the brewery once previously. 'Fred: Hill, aged 20, who came from the South Island, but was now living in New Plymouth, said he had one drink and his mate two. Two others came vp to them, and one of them let out a bad word. His mate was talking about a girl, and pulling a piece of paper out of his pocket, said if it were a cheque he would shout. He did not heair the words complained of. When the constable crossed over to them there was a fat chap talking. He had -been working at the brewery, and, goino- for a stroll, had gone in to get a drink. In reply to the Sergeant, witness said they helped themselves to beer. He did not know the two men who joined him and his mate. The words which were mentioned by his mate could not be heard- more than two yards away. After a little consultation, the Justices said they had come to the conclusion that accused was guilty. They were determined to put such language down, The full penalty for such a charge was twelve months' imprisonment or a fine of £2O. They did not wish to impose that, but wanted to severely caution him. His witness had said that certain words could be made use»of without being heard far away. Defendant would be' fined 21s and costs 7s, or ten days' imprisonment. Senior-Sergeant Haddrell drew thei attention of the accused and his mate to the fact that if either of them were found drinking in an hotel they would be prosecuted, as they are under 21 years of age. FORGING A CHEQUE. D. A. McLeod, late of Tikorangi, was charged with forging the signature of Robert Rolfe on April 3, 1911, for a cheque for £B, sand causing W. F. McAllum, of New Plymouth, to deal with it. _ Detective-Sergeant Boddam briefly outlined the case. W. F. MjeAHum, proprietor of the Coffee Palace, Egmont street, New Plymouth, said that on April 3, 1911, he saw accused at the Coffee Palace, and explained the tariff of the hotel to him. He arranged to stay for ten days for £2, and as payment tendered a cheque for £B. It was made payable to A. McLeod (cheque produced and identified). He told accused lie could not cash it. Accused said he wanted to get some things, and asked for a couple of notes, saying that would do for the things, but he. wanted a few bob in his pocket as we'll, so witness made it £3. ;He never saw him again until he was in court. The cheque was paid into his account in the National Bank, and he was debited with the amount, as it had not been satisfied. He knew Mr. Rolfe, of Tikorangi, and had l only seen his signature once before. The signature on the cheque (produced) was similar to Mr. Rolfe's.

Robert Rolfe, settler, of Waikato, said he formerly lived at Tikorangi, and that the accused was in his emplov from August, 10.10, till March, 1911. During that time he paid l most, of his wages by cheque. He had a current account at the Bank of New Zealand, Waitara. The signature on the cheque (produced) was not his. He said that he sisrned his name in the same way, but that the handwriting did not correspond. The cheque was never in his possession. In reply to a question bv accused, witness admitted that he had collected his factory cheques and accounted for them honestly. Witness had no complaints against him, as he found him one of the most satisfactory men he had working for him.

E. F. Stewart, plumber, of Waitara, stated that in March last he was living' with his mother, who had a boarding house, and accused was staying there, occu.ving a room next to his. As a rule he kept his cheque-book in his pocket, but he had also left it in his room sometimes. He saw the accused next in the court. Shortly after the accused left the house. In consequence of what the police said to him, he examined his cheque-book and found that three blank cheques had been torn out. He had never given anyone authority to take a cheque out. The accused, a man of about 53 or 40, who seemed penitent, had a written statement, which was to the effect that he would plead guilty to the lot. He worked for Mr. Rolfe, and took all the money for him from the factory, where he delivered the milk, but never robbed him of anything, but as the case stood he pleaded guilty to all, and hoped their Worships would dfal with the case. He whs sovrv for it all. In answer to the clerk of the court he pleaded guilty, and was committed to tlie Supreme Court, Auckland, for sentence in February.