MAGISTRATE’S COURT.

Taranaki Daily News, 25 November 1921, Page 7

MAGISTRATE’S COURT.

NEW PLYMOUTH CASES. YESTERDAY’S SITTING. A sitting of the New Plymouth Magistrate's Court was held yesterday, Mr. 1 A. M. Mowlem, S.M., presiding. Judgment for plaintiff by default was given in the following cases: —Wilson Sinclair v.- Henry Martini, £32, costs £4 6s 6d; Purser’s, Ltd., v. Robert Bowie, £l2 3s, costs £2 7s; Jeremiah D. Crowley v. John McCarthy, £l5, costs £2 18s; P. B. Fitzherbert v. Riwi Iwimaire, £4 14s, costs £1 8s 6d. Albert Jones was fined £1 and coats for riding a bicycle on the footpath in Devon Street. A fine of 10s and costs wfts imposed against Percy Johnson on a charge of allowing a cow to wander on the Fitzroy i road. Harry A. Jury, who pleaded guilty to allowing three cows to wander at large on the Carrington Road, was convicted and ordered to pay costs, 17/6. A BREACH OF THE PEACE. Charges of using threatening behavior within the view of the public, with intent to provoke a breach of the peace, and whereby a breach was committed, were preferred against Peter Augustine and Erneeit Simons. The offence was alleged to have occurred on the night of November 13, about half-past nine, in St. Aubyn Street. Augustine pleaded not guilty and Simons pleaded guilty. For the prosecution, evidence was given by Senior-Sergeant McCrorie, who said that Augustine came to the police station and complained that he had been assaulted by Simons. When Simons was approached he said he had been assaulted by the other man, consequently the two men were brought before the court on their own statements. Constable Parkinson deposed to interviewing Simons, who said he had seen Augustine following his mother, and asked the reason. Augustine, it was alleged, told Simons to mind his own business, »and a fight ensued. Augustine, giving evidence, said that Mrs. Simons approached him on the 13th inet. and asked him to look for some empty houses, and, together with the son, they went into Hine Street and saw a couple of dwellings. Later, he and Mrs. Simons went to see a property in Gill Street, and when he came back, Simons came in and said: “I’ll knock your b head off.” He struck witness, injuring his mouth and knocking out some teeth.

Simons said he saw Augustine and his mother standing outside the confectionery factory in St. Aubyn Street. When he approached hie mother walked away. He asked Augustine what he was doing always prowling round their house, to which Augustine replied that it was his own business. He struck at witness, and also pulled out a pocket-knife, and witness then retaliated, knocking Augustine over. Simons called a witness, C. Marks, who deposed that he had seen Augustine 1 prowling round Simons’ house and peepin at the window. His Worship said there appeared to be no evidence against Augustine. Simons, on his own plea, would be convicted and fined £2, with costs 7a. WIFE APPLIES FOR SEPARATION. Applioation was made by Ellen Sturmey for a separation from her husband, Lionel Sturmey, alleging his failure to provide maintenance, and persistent cruelty. Mr. H. R. Billing appeared for complainant, and Mr. C. H. Croker for defendant. Complainant said she had been marrid twelve months, and up till a few days ago had lived with her husband. During the past five months, however, he had been cruel to her, having caught her by the throat on occasions, and had also prevented her from going out. She had been working as a domestic for some time. To Mr. Wilson: She did not hit her husband with a piece of iron last Sunday. She had a banking account, and it would have been bigger if she was not married.

Mr. Wilson said there was hardly a case to answer. Defendant denied the charges of cruelty. As defendant was to enter the hospital yesterday, preparatory to undergoing an operation, the case was adjourned sine die. His Worship said he did not see the parties should be separated, and he urged them to exercise a little bit of common-sense. It was no use coming to the Court and asking for a separation just because they had had a bit of a row.