MAGISTRATE’S COURT.

New Zealand Times, Volume LXXVI, Issue 5213, 1 March 1904, Page 3

MAGISTRATE’S COURT.

MONDAY. FEBRUARY 29. (Before Dr A. McArthur, S.M.) Thomas O’Neill, a boy fifteen years of age, with a record for misdeeds, was brought- up on a charge of having wilfully damaged a quantity of plate glass, tho property of Mr W. H. Flockton, to the value of 10s. «-The father appeared, and asked for leniency towards the boy. Tho Magistrate stated tint- there were four cases of theft and one of assault against the boy. He was committed to tire Stoke Industrial Home. MAINTENANCE. George Fairchild was charged with failing to keep «p payments for the snipport of an illegitimate child, which had been adopted. The case was dismissed on the arrears —£4 18s —beingpaid. For disobeying a maintenance order made in favour of Kate Steiumuller (the arrears of which amounted to £ll2 on November 18th, 1903), Tasman Steinmuller was ordered to pay £lO forthwith and £1 per week regularly for the future. Tho matter will come up for further consideration on May 30th. CONSPIRACY TO DEFRAUD.

Hamilton Maxwell, alias Claude Hamilton, was arraigned on a charge that he, with two others, Cowan and Waters, conspired to defraud Charles Perclio of a sum of money in Wellington on the 24th ult. On the application of the police, tho case was adjourned until tho afternoon of March 7th. Bail was allowed. DRUNK. Michael McMahon was fined 20s, or in default seven days’ imprisonment, for being found drunk in La mb ton quay on 27th ult. Henry Gayzard -was fined 10s, or in default twenty-four hours’ imprisonment. . Francis -Patrick McAleen was fined 10s, or in default three days’ imprisonment. INFANT-KEEPING. Julia Summers, an e-klerly person, was charged with not being the holder of a license under the Infant Act, 1896. and did, in consideration of payment, retain in her care an infant named Vio--1 i Langdon. Consideration of the case was adjourned until March 4th. RASH DRIVING. Robert- Jclikins was charged with having driven a horse and vehicle over a'railway crossing when an engine was' within half a mi(o of the Crossing. F,or so doing he was fined £3, and 14s witnesses’ expenses. FORBIDDEN FRUIT. Five small boys appeared on a charge of having broken into the shed of Tim Hoy (a Chinaman residing at Berhampore) on different dates in February, and stealing fruit therefrom. The youngest youngster was so diminutive that tho Magistrate, in his clemency, sent him back to his mother, who was waiting anxiously in the body of the Court.* hear the fate of her son. The mothe'j i.cf the other boys, who protested thru they knew nothing of- their children’s‘depredations, looked troubled when the two eldest boys were ordered to rccoiW six strokes each with the birch. Tho other’s were commanded to “watch the operation.” The parents wore also ordered to pay the cost of the fruit stolen by the boys. CITY PROPERTY CONDEMNED.

Mr A. Warburton appeared to answer a. charge of having failed to take any steps to comply with the order of the City Council in respect to the premises on Lambton quay occupied as an oyster saloon by William Simmons. Mr John O’Shea appeared for the City Council, and explained that tho premises in question had been .condemned by Dr Valintine, Assistant-Chief Health Officer. Mr W. H. Quick, who appeared for Mr Warburton, stated that the case had been brought against his client, whereas it should have been brought against tho" owner.. It remained with tho Council to provo that Mr Warburton was tho owner. Mr O’Shea stated that he could provo that Mr Warburton received the rent, but he asked for an adjournment to search the title. Mr Quick, who objected to an adjournment, said he could savo his friend tho trouble of searching, and produced the title,'proving tho property to be other than-Mr Warburton’s.' On this point the case was dismissed, the defendant obtaining £1 Is costs. Cases against other defendants were withdrawn. THE TRACTION-ENGINE TROUBLE. The City Council > as owner of the municipal trams, brought a case against Albert Hadley, a driver in the employ of J. J. K. Powell, the owner of a traction engine, which did, on February 9th, at about 11 a.m., collide with a tramcar. Evidence was given to the effect that tho tramcar was proceeding along Ingestro street, towards Cuba street, wdicu at. tho Taranaki street intersection a traction engine was steaming up that thoroughfare at close quarters. hauling two waggons laden with metal. The driver of thi tramcar, to escape what seemed an inevitable collision, lashed his horses up, but the engine struck the rear, part of the car. and damaged it to the extent of 2-ls. The driver of the traction engine stated that he was about ten feet from tho rails when ho fh-st saw tho car. Ho at once reversed tho engine, while tho driver lashed his horses to escape the collision. His Warship said that he must say that, so far as he had seen, the drivers of traction engines were very careful, hut on this occasion it seemed to him that there had been negligence. Defendant was fined £2, and £3 8s costs. Mr John O’Shea (City Solicitor) appeared for the City Council, and Mr T. Ysimg for the defendant. SEPARATION. Theresa Hunt appeared in support of an application for summary separation and the custody of her two children, from her ,husband, Albert Edward Hunt. A summary separation was granted by the Magistrate, the wife to have the custody ot the children. Defendant was ordered to pay £1 2s 6d per week towards the support of his wife and children, and £2 2s costs. Mr Herdman appeared for the applicant.