POLICE COURT.—This Day.

Auckland Star, Volume V, Issue 1495, 25 November 1874, Page 2

POLICE COURT.—This Day.

(Before Thomas Beckham, Esq. R.M.) TWO M ONS. Anthony E. Cowan, and Thomas Wendover, were charged with being intoxicated last evening. One of the men was found hi the Kyberpass-road in a state of doubt, as to whether two moons were shining or only one. The astronomical error was admitted. His Worship said, that from what he had witnessed yesterday on the part of Cowan, he thought he was a confirmed lunatic: at present he must go to prison for seven days, when probably he would be medically examined. Wendover denied being drunk, ha was only stupid ; and as he said he could bring a witness to prove that he was perfectly sober; he was remanded until tomorrow. ERRORS, WORDS AND MISHAPS.—AN ERRIKCf COACHMAN. Charles Nelson was summoned to answer a charge of leaving his horses and carriage unattended in Queen-street on th« 17th inst.,. which were detected by the official eye of Serjeant Saunderson. Defendant said he had only left bia hbrseg for a few minutes, and was ignorant of the fact that he was doing wrong. He had not > studied the by-law lately, as the authorities \.< had not furnished him with copies. Sergeant-Major Pardy informed the Court that defendant had gone into a public-house j at the time of the offence. ; His Worship : Ah, there it is ! you could ; find your way into an hotel without a by-lavr , to shew you the way. Defendant said he hoped the Court would be lenient in its judgment, as he had been at respectable coachman for many years. Fined 10s and costs. THE ARCHILL NUISANCE. Thomas Faulder, the well-known contractor, was summoned under the Municipal Act of 1866, for allowing night soil to be spilt in the Great North Road on the 19th instaat; also with suffering night soil to remain on land in his occupation, abutting the Great North Road , Mr. Brookfield appeared for the Provincial / Government, and Mr Joy for defendant. Mr Brookfield wished to place the matter on its broadest grounds, and he submitted that no by-law of the Municipal Council could be effective in creating a public nuisance out of the boundaries of the city unless deodorised. He had learned that the nuisance at Arch-hill had become an intolerable one. Mr. Faulder took the refuse out of the city and deposited it on a paddock of his where the fluid was allowed to pass away into the water, so that if the nuisance was to continue the people of Auckland would soon have to drink a very fine decoction, instead of pure water Mr. Brookfield then put in the Acts of 1866 and 1870, also a plan of the Mnnioi-'.' pal Police Act. Bis Worship recommended that the case ■ $ should be heard on its general merits. Mr. Vincent E. Rice was called, and deposed that he knew the allotments occupied by defendant,, and that they were within the boundaries of the Police Act,and over a mile beyond tbe limits of the city. He was there in June last ; it was cold weather. Mr Joy objected, and asked witness i£ he was particularly interested in the case. M r Rice replied that he was not personally interested, he simply acted in accordance with his duties. The Superintendent's house is within half a mile of the place. Mr Francis Humphries Heighway, Inspector of Nuisances and under the Board of ;. Health, knew the premises at Archill ;he was there on the 19th inst. and saw two loads of offensive matter deposited in the evening of that day. The smell arising from it was ' very bad ; it was allowed to accumulate in the ' paddock; when the wind was in the direction 1 of the North-road, the smell was very ' offensive. * Mr Brookfield : Do you consider that those ' smells are conducive to the public health ? k Mr Joy : I object as the witness is not a medical man. ; Mr Brookfield : Well, I will ask Mr Highway if the odour affected him. 1 Mr Highway : Yes, one morning the odour ' turned me completely inside out. (Laughter.) F. J. Jones, chairman of the Newton District Board, deposed that Mr Faulder had been in the habit of depositing the boil there for three years, but at first very little was brought there, but lately it had greatly mS creased. It was now an intolerable nuisance, and members of his own family had been ill i in consequence, . , , Mr Brookfieid : Has the nuisance had a [ bad effect upon the health of your wife, Mr _ Jones ? . b Mr Jones :I am nofc a married man, sir. I I was referring to my mother and her family. 3 She has not been well since. I , Mr John Motion, farmer, of the neigh- |j s bourhood of Arch Hill, deposed that he was I I in the habit of travelling to and fro into ) town, and he took care to steer clear of it. . Whenever he sniffed it on the breeze he i touched his pony on the hind quarters, and m r was round the next corner in a very little i time. He did not mind it when to windward, i but when to leeward he began to square ; I yards. (Laughter.) > Mr Joy then addressed the Court for the > defendant, and argued that it was a hard case for his client, who was the servant of the City Council and the public in general; '. and it just happens that because the depot v. , i was near the house of the Superintendent ' , ; the case is brought forwaid. Mr Joy shewed I that according to the Gazette his client wat right in what he had done. His Worship asked how they were to get I it to the allotment ? According to the law, i they must not take it there at all, for by : putting it into the cart the contractor breaks the law. His Worship supposed, however that a new law would be made in lieu of thj . present defective one, which it was abnM* 4 impossible to understand. Mr. Joy contended that Ffulder was a j| mere name in this case, and fhe depot oka been made in accordance withthe act- - '• Mr Joy said that the City Council had .onlyacted in the strict terma, of tbe A6t as «' | pressed by Government; he would respectively submit that in this case, cou« . „ would not think of imposing \°?%; % Z. r would call evidence to shew that Fauiaer, had done his duty in this respeot, and acceu in compliance with the orders «»Jj|f T^ I > . Council; and as for the Public Health Act, ! that was only in embryo. . . fcgeemg His Worship 1 The Health Act it seem. : allows policemen to be smoked. j • Mr Brookfield said he could not He ; pected to reply to his friendijutfe sa , eloquehUaifguageon an W*X wU A 1 Hethen%roceededtodealwihthej ar Jk , sections of the Act, relating t. «J^ (^ ; carters, aud their liceacesandmghtiy a I Be also read a number of sections or AtrJWbopedMrßrookfie^^£ [ I "^Brookfield skid he would aUoff>»

TO .a toliiave his vay, for "a rose ■ her name would smell as sveet." fc/ tfy °finn was whether that august body,, '■P'^nniincil had P°wer to override the «Ci- y i Act of that petty body, the ProI Government. H^- Worship said he must really take I lS .nsider the matter as there weie so Wmt to c. l'^ t0 be considered. He could not , Hjgaoy P^gy, but would give it immediate lira nand'give notice of the day of his HjjM 10 jj i#ould probably be on Monday j ■pother charge against Mr Faulder was ■„jthdi&wn. ajjjegbd ASSAtrLT> I Reuben Shaw, pleaded not guilty to a 11. we of assaulting Edward Boucher, a Mil her o'iKdeh Terrace. I The complainant in this case being in gaol, Btbe »'se was dismissed. B master and apprentice. I William L Roth was BUmmuncd on a ■ i we of failing to supply food and lodgings ■ his indentured apprentice, and with lail- ■•' to instruct him properly in the trade of a W^ur James' Russell appeared for cornHint, and Mr Joy for defendant. B'Edward McManus deposed that he was ■ Apprenticed to Mr Both for the term of BE years, and that there was very little ■Me furnitnre made nPon thie Prei»ises, 111 d that there was no one to instruct ML in. the business. He was generally em■Rtedin cleaning old furniture, while the BLdsteads were being made in Albert-street. Rere were journeymen employed on the ■semises, but none competent enough to ■Lb bim. He was not supplied with proper \\W\w\s; he ha(* plenfcy °f tools kufc would not Hijuffhim to use them. He was employed ;|L three weeks, in carting bricks from ■jvmond's-street. ■ 'To Mr Joy ; he had heard of the old adage It)bad workman cannot do his work with ■jood tools," he had taken french leave for fijSrie days. He did not consider 'atat he was an innocent boy ; he was i Bought up before Dr. Home, and he went I ■iick to his master ; he bad made four bedBjetds within the pabt three weeks ; he could B„t say that he had been impertinent to Mr Hjuth '; he had never told him to take a carrot. Hie did not know that his master was fond of jtfpat vegetable. If he said so, it was a long \m___e ago, he would acknowledge that he had tlfLmt to make a colonial sofa, and a bedstead; Hrbich could be learned in three days. He IlLsidered thot Mr Hoth had not provided ■iroper food and lodging for him. He had Djsotook him by the arms and twisted him Jut of tbe shop. He had a pain in the back •Mirer since. [■Alexander McLean, another apprentice, IBped that Mr Both did not allow his »jiprentices proper tools. He was a general Bui in the establishment; he was polisher, jmiiner, and/, general carrier. He hoped Mr ijlsth would soon polish him off, he should ftve no objection. ■ ffilliara Houlton was in the employ of Mr Kith for; two months, but found that he Hmldnr/t advance under Mr lath's teaching, Bad left, him. They parted with a mutual Bgoof'x morning." Bio Mr Joy : He was doing a little for him H| but he did not want Mr koth's boys. Bjfo Joy then addressed the Court for the Ktence, and described the features of the Bitni-Bses as genuine pictures of dissatisfied B Mr Roth deposed that he was a competent sSsiinetmuker, having learnt his business in Hrerpool, and had done everything in his Hirer to teach his apprentices ; and he met Hith nothing but gross insults in return. Hi would not let Inn go under £10, and Ha he would cancel his indentures. Hilexander Canty, a wholesale dairyman, ■Be evidence toi hearing McManusJ tell Mr. Bp to take a carrot. He was sure it was a Hit, and not a cabbage. It was a vulgar H. He bad also seen McManus shew H. He was an awful boy. Hter further evidence the case was disBf /other case was adjourned until Mon-