POLICE COURT.—This Day.

Auckland Star, Volume V, Issue 1487, 16 November 1874, Page 3

POLICE COURT.—This Day.

(Before Thomas Beckbam, Esq., R.M.) STRUGGLES IN THE DARK. , Tameß MeGibbon, and Alexander CampHi were found prostrate and exhausted on J'unday night, being overcome in a whiskey draggle. MeGibbon forfeited his bail, and Campbell was fined 20s as he fell on Sunday.

A SINGIXG BIRD CAUGHT. Mary Storey again appeared with downcast look in the dock, on a charge of vagrancy she having been found drunk, and malting a great noise in Symonds-street on the 14th. She was singing '• Not for Joe" in a voice which reached the sensitive ear of the whole neighborhood.

Mary said she was quite drunk and as innocent as a dove. She was not aware of her musical powers. Constable Andrew Clarke deposed that he could bear Mary's siren song at a distance of three hundred yards, j'l he words were of jbarbaroud character. She was quite drunk and was being led home. Mary was about to address the Court, she had just come out of prison and was simply singing a song of freedom. If his Worship would let her off, she would settle down and sing no more.

His Worship feared she would not keep her word, and fined her 50s or fourteen days.

ALLEGED LARCENIES. Jane Gledhill was brought up on a charge Stealing the sum of £11, the property of tanas Skilton, on the 11th November.

This case, on the application of Mr Broham us remanded until to-morrow.

Mm Taylor, on remand, was charged ri stealing a boat, value £10, the proprty of George CJarke, on the 9th inst. Mr. Meyer appeared for prisoner, and pleaded not guilty. Mr. Broliam asked for a remand, as the Tfitnesses had not arrived. Remanded until Thursday. THE WAREFIELD-STREET FIRE. John Kemsley was again brought up on a charge of wilfully and maliciously setting firs to premises in Wakefiekl-street, on the 22nd nit. Mr Meyer said that he must ask for an adjournment of this case, as Mr Brookfield was unable to appear to-day. Tke case was accordingly remanded until Saturday next. SHELLS OF THE OCEAN. Mr Edward Owen was summoned for an alleged breach of the Harbour Regulations by removing shells on the 3rd, from the beach of the South Shore, without permission of the Harbour Master to do so. Mr Owen pleaded not guilty. Mr J. B Bussell appeared for complainant, tod Mr Joy for defendant. Mr Joy characterised the case as orje of maliciousness, at the instigation of Mr Upton. Mr Russell objected to any personal allusions. He did not know Mr Upton in the <«; only the Harbour Master of the port. Mr- Russell then described the locality of Shelly Beach, and said that a number of KBpectable persons bad taken up their abode tothat locality, and in the absence of a park ™c beach was a place of public resort, and added to the value of the property *Mr Campbell, Mr Upton and others, and '% notice-board had been placed on the to shew that any persons removing *Sle, stone, or shells from the said shore tronld be liable to a penalty not exceeding ™ J and a gentleman of education had been actually seen assisting Mr Owen in taking th.°3e shells. He could prove this by two His Worship' hoped that Mr. Russell w?old not take up the time of the Court *1 ™ a long speech. Either Mr. Owen had an offence or he had not. His "Wship said it was a mere matter of fact, and scarcely worth so much trouble. He sought if an offence had been committed, "bad been committed against the Crown. (•The large board was here introduced, Waß intended as a warning to persons 011 the shore not to steal shells, stone, ' £"« ■ wood, or any part of the soil below high ■ water mark. The board created cjuite a sensation in court, which was early filled witi. the respectaole portion of lfle inhabitants of Ponsonby. Mr Joy said he was prepared to admit the hd X^ ali some bags °f broken shells or sand 03(1 been taken away without intending to «°maiit an offence. Mr Russell 3aid he would take a nominal Penalty with costs, otherwise he would not °nßent to withdraw. Captain Burgess had he could not help himself. ffis Worship : Captain Burgess don't seem ™ trouble much about the matter ; he looks Perfectly serene. He hoped gentlemen be as brief as possible if they intended '° go on with the case, resolved to go on with the case. Mr Russell then called Captain Burgess, *k°i upon being sworn, produced his authontv. and deposed to knowing the properties ot Messrs Campbell and Upton. The latter j> entlemen had complained that shells had P?en removed from the beach ; he then gave JMr Upton a notice (produced). He gave no au Jhority to any person to remove shells. To Mr Joy: He laid the information at the *e(jneßtof Mr Upton, otherwise he should not have known of the offence. He was "uged to bring the case by virtue of his Portion ; he had no private feeling in the th r lr u Pton was at tne expense of c ?k°ard, and he gave him permission to waioit it. Mr Upton has complained of mi* 0? 8 takiu« the shells, and was detera- 1° st0 'J {ttmHr Worshi P remarked that if it had been the money, it would have been better in be Ju°'" ,ox :he trusted gentlemen would *■ a* bnef as possible.

Henry Mason, in the employ of Mr r amn toM th.Jfi she Us,?°™s,?°™ ia a barrow. H5

itZ°t!f r X° y V HC did not see th^ s^lls put cawM agH b? at distance he believed scribed the scene. He saw the Swimming of of iT en s °~; Md the barrow and tbe bass th P hfV arT? Upthe hiU- Mason carried the board and he carried the pole. A black l?n?«? amli George had been taldn2 shells, but they did not catch him. Mr Upton was? about being called when his Worship hoped they would not overlay the case. J Mr. Tole, Commissioner of Crown Lands deposed that the land between high and low water-mark was the property of the Crown. Mr. Joy said that Mr. Owen was not aware that he was committing an offence, or he never wouid have come into this Court cVii y then described the solitariness of t-helley Beach, where one might take a lonely stroll, and seldom meet a person, except, perhaps, on a summer's day, some young lady intent upon the "Woman in White," and yet here, in this out-of-the-way district, a gentleman takes a few shells, which numbers bad done before without interference, but Mr. Upton had resolved to make a case against Mr. Owen from personal feelings which would never have come into the Court had not Mr. Upton been at the trouble and expense. His Worship said it was almost impossible to look at this case without a smile ; it was really another version of "Much ado about nothing.'^ Still, if everybody went to the beach with a little wheelbarrow, where would be the shells in a little time ? The law was quite clear upon the matter, and had been in existence eight years. It was beyond a doubt that Mr. Owen had been

guilty of a breach of the law by removing shells from land which;did not belong to him. He should hays emptied the bags when he found he had broken the Law. He thought the expense of the board was superfluous,*^ it was the duty of everyone to protect public property,—not only for present e;ood, but for the good of those who will come after us. The Court had no alternative but to convict; but as tins case appeared to be brought forward as a test, he should inflict but a nominal fine of Is and costs. The costs, however, were of a serious character, viz , £5 Gs.

AXOTHKR "MAGGIE NICHOLSON."

Mrs Nicholson, of West Qaeen-street, was charged with threatening to take ofF the nose and ears of Maggie Little, and to make her chignon a caution to snakes. Mrs Nicholson said it was all stuff. Mr Joy appeared for complainant, and Mr Laishley for defendant. Mr Laishley said it was a trumped-up case, got up through spite. Mr Joy said his client was a young married woman of a respectable character, to which several city tradesmen had attested. Mrs Little, a respectable looking youDg person, deposed to Mrs Nicholson's conduct, which was of a terrible nature. Mrs Nicholson : Your Worship, may I address the Court ? I'm a good woman. His Worship: You must reserve your speech for the present. Antonio Nicholson, husband of defendant, endeavoured to explain the case. It was about the children. His wife did not threaten to do for Mrs Little. She was one hundred yards away. To Mr Joy : He offered to settle the mat-

ter with Mrs Little rather thau have his nape in the paper. He had an objection to being advertised ; didn't seem to care about it. Mrs Nicholson denied calling complainant nasty names. She was a good woman. She did not threaten her. She only sang complainant's own soDg :— Carrotty Sally, lhat lives in a' alley, Ana skips by the light o' the moon.

Mr Laishley was about to address the Court when his Worship said there was no necessity. He should call upon Mrs Nicholson to find two sureties in £10 each to keep the peace for six months. Defendant: Oh, my husband will be bound for me ; if not, I can go to gaol. This was all the business.