MAGISTRATE'S COURT.

Taranaki Daily News, 20 July 1917, Page 6

MAGISTRATE'S COURT.

ILLEGA3XY 0\ T PKFVA.TE PREMISES.

At the New Plymouth Magistrate's Court yesterday, bcrfore Mr. A. Crookc, S.M., William Joseph Smith was charged with being an incorrigible rogue and vagabond, lie having been previously convicted of being a rogue and vagabond, and having been found on the premises of Mrs. Mary West, in Molesworth Street, an enclosed area, on the night of June 30. without lawful twuse. On a second information lis was charged with using indecent language on the eojne occasion. The defendant pleaded not guilty, and Mr. A. 11. Johnstone appeared on his behalf.

.Sub-Inspector Meliveney stated that on the night in question the defendant had gone, to Mrs. West's residence in Molesworth .Street. About 10 o'clock of Mrs. West was attracted by a noise on. the verandah, and on going to the door she found Smith peeping through the dining ; room window. She ordered him away,' and he said something to her. He ,wcnt outside the gate, and it was -then that, it was alleged, he used the indecent language. Mrs. West returned to the house, but was again disturbed, and when she went out for the second time she possessed herself of a revolver, and eventually Smith went away. The defendant, in statement to plain-clothes Constable Fitzgibbon, had denied being within the enclosed area, and also denied using obscene, language. Mrs. West would identify him .positively, and her evidence would be corroborated by a lady boarder and a neighbor. Evidence for the prosecution was given toy Mrs. West, Miss Florence Perkins, Mrs. Kay, J. Terry (clerk of the Magistrate's Court), and' Constable Fitzgibbons.

Wr. Johnstone, in opening for the defence, stated that on June 30, Pierrot ©ay, defendant, who worked at the freezing works, came into town early in the evening. After he had had two drinks he determined to pick up his son, who was a member of the hand playing in connection with the iPiorrot demonstration. He did not succeed in finding his son, and he determined to go homo in. the ordinary way. In doing so he passed his brother's place in MoJesworth Street, which was opposite to Mrs. West's. Just when he got to Mrs. West's gate lie dropped his matches, and as he was picking them up Mrs. West came out and said, "Go away; go away." Defendant replied, "Leave me alone, woman; you have done me enough harm in your time," referring to a previous charge of a similar kind. The defendant's brother, in answer to a characteristic family whistle the defendant had given, then came out of his house, met the defendant, and went home with him. Evidence as to defendant's character" and his condition on the night in question .would he given by several witnesses. Evidence in support of counsel's statement was given by the defendant, his brother, E. Craharn, and T, Donaldson. k His Worship said ho was satisfied there must be a conviction on both charges. 'Mrs. West had been close to the defendant and had identified him beyond doubt. Ite would be sentenced to' three months' imprisonment with hard labor on the first charge, and one month's imprisonment with hard labor on the second charge, the. sentences to run concurrently.