MAGISTRATE’S COURT.

Gisborne Times, Volume XXV, Issue 2015, 26 February 1907, Page 2

MAGISTRATE’S COURT.

(Boforo Mr Barton, S.M.)

At the Magistrate’s Court yesterday morning, before Mr. Barton. S.M., Francis McCabe was charged with stealing a letter containing a cheque to the value of £l4 17s 6d, the property of Clias. McCabe. Mr. Stock appeared for accused, und asked for a remand till Monday next. This was agreed to. Bail in one surety of £25 and one of £SO was allowed. John Allen, charged with being drunk in Childor’s road on tho 23rd inst., did not appear, and was fined £2. A first offender, who did not appear on a charge of being fou I1( J drunk oil Read’s Quay on the 2.3 rd inst., was fined £l. A VAGRANT. David Bowman, charged with being an idle and disorderly person, without sufficient lawful means of support, pleaded not guilty. A. 11. Jones gave evidence to tno effect that he had known accused for 15 or 16 weeks, and during that time he liad done no work. . James O’Dowd gave similar evidence. ~ , , , Constable Jlancox said that accused had been living with a woman of mfame, and had done no work. Detective Maddorn saici accused gave him a false name. Accused lived out he proceeds of immorality of the woman he lived with. Three children were found at the house, only partially clothed and neglected. Accused stated that lie had been working four or five weeks m Auckland, and landed at Gisborne with £lO in his pocket. He won about Lh at a race meeting four or five weeks ago. . - Carrie Morris, a married woman, corroborated accused’s statement as to tlie money he possessed. She also supported his statement that he was under medical advice, and admitted that she was also under the same doctor She did not know wliat tlie disease was. Witness could not account I for tho fact that the local races were ‘ only three weeks ago. I His Worship said a strong, ablebodied man like accused should be ‘ ashamed of himself j it was a shocking i state of tilings. Ho had no doubt that accused had been living oil the immorality of the unfortunate woman. He would he sentenced to three months’ hard labor. A STREET ROW.

Fredk. Wilson and Francis Dempsey, charged with assaulting each other pleaded not guilty. David Jameson, a carrier, said he knew the accused, and saw them fighting on tile evening in question. Constable Wales gave similar evidence. Defendant Wilson stated that coming home from work Dempsey called him across the road and wanted to have an argument with him. Wilson wanted to go home, hut Dempsey swore at and assaulted him.

Dempsey said that Wilson struck him first, and he acted in self-de-fence.

Tlie magistrate characterised their conduct as disgraceful in public. They would he fined £1 each and costs I3s, or in default four days’ imprisonment with hard labor. A MAORI ASSAULT CASE.

Tautahi Poliatu was charged with assaulting a boy named Piki Pohatu, aged eight. Mr Coleman appeared for accused, who jileaded not guilty. Piki Pohatu, who was too young to be sworn, said lie lived at Te Arai with a native woman named Maku. Accused kicked witness, when he was looking at an almanac at Mrs Johnson’s house at Wharekaia, on his thigh. Accused had boots on. After the kicking he slapped him on the face with, his o|>en hand- As a result of the kick his leg was cut' and he was taken to Dr. Scott.

By Air Coleman: The floor was broken in places: he denied falling on a broken bit of flooring or falling on a nail. He admitted misbehaving on the day accused kicked him. He had the mark still where he was kicked. Rakai Tamihana, of Kaitoke, said he saw the boy kicked three times. He did not see accused strike tho boy with his hand. No nails were visible from the floor. The boots were watertiglits. Riliara Pakaua, of Murewai, stated that he heard accused tax the boy with stealing the almanac, and he denied it, saying a girl had taken it. Accused kicked the boy, who fell to tho floor, holding his thigh with his hands. Witness remonstrated with accused, and said that if he wished to punish the boy to do it in a proper way. The kicks were not severe, although they doubtless caused a good deal of pain. The police evidence of the character of accused was that he bore a good reputation, but was quick tempered. The Magistrate said that it was quite likely that the boy misbehaved himself, and the accused would have some authority to chastise him, hut when punishment must *be administered it must be done in a proper manner. Accused kicked the boy very severely, and such brutal conduct cannot be tolerated. He would he fined £5 and costs £5 2s 9d, or in default 30 days’ hard labor, seven days to be allowed for payment.

A first offender, charged with being found drunk, pleaded not guilty. Constable Irwin and Detective Maddern gave evidence as to her drunken state. She was fined 10s and costs 2s, or in default 48 hours’ imprisonment.