POLICE COURT.

Auckland Star, Volume XXXIX, Issue 198, 19 August 1908, Page 5

POLICE COURT.

* (Before Messrs. A. P. Friend and Bart. Kent, J.P.'s. ALLEGED PERJURY. As an outcome of the statements made by the man Frederick Raymond Rose, in his recent trial before Mr. Kettle, S.M., for drunkenness, he was this morning charged with having on that occasion committed perjury by swearing that he was not drunk when arrested. Sergeant Hendry conducted for the prosecution, Rose being represented by.Mr. Dunlop. When he was charged with the offence of insobriety, Rose declared that after breakfast on the day in question he swallowed l no drink of any description, alcoholic or otherwise, and that when arrested in the afternoon the cause of his apparent state of intoxication was the physical agony that was doubling him up, due to the displacement of a truss he was wearing for rupture. Evidence was given by Sergeant Hendry as to the sworn testimony of Rose, before the Court, on the occasion of his trial for drunkenness, and by the arresting constable concerning the state which Rose's actions seemed to manifest before he was arrested. Similar evidence to that given before was also given by the constable who assisted to take Rose to the station. Both constables reiterated their positive conviction that the man was drunk. Other evidence, police and civilian, was adduced, in corroboration of the statements by the constables that when arrested on the afternoon of July 31, Rose was in a state of intoxication. George Allen, a civilian, who was passing along Karangahape-road a little after four o'clock on the afternoon in question, expressed the opinion that Rose was a danger to himself, and to the general public. He considered that the constable should have arrested him sooner than he did. Rose was careering about in an undoubted state of intoxication, and the constable had to run out into the road to pull him away from the track of an approaching tramear. Rose reserved his defence, and was committed to stand his trial at the Supreme Court, bail being allowed in two sureties, each of £50, and accused himself in £100. PROHIBITED. A prohibition order was issued against Thomas McMurray on the application of his wife. RESCUING CATTLE. James Fobistcr, a farmer, of West Tamaki, was charged by Robert Tyndall, poundkeeper for the district, with having interfered with certain cattle seized by him for impounding purposes on the 2Sth ult. Mr Brook field conducted for the prosecution, and Mr Singer defended. Tyndall swore that, as he was taking the cows in question along towards the pound, the defendant came up, and, opening some gates, drove them off into a paddock. He denied that Fobistcr offered to pay him the fees due until the cows were already rescued. Fobistcr declared that, hearing the cows passing, he \*rent up the road, headed them back, and through the gate, and did not see Tyndall till he had returned 50 yards or more. When he saw Tyndall, and the ranger demanded what he meant by recovering the cattle, he simply explained that he had no idea they had been captured for impounding, and offered at once to pay whatever fees were due, not wishing to have his cows driven away. Tyndall, however, refused to negotiate there, but told him to go along in the morning to the pound and recover his cows. The Bench decided that a breach had been committed, and fined defendant £2, and costs, £2 2/-. BT-IAWS. Walter 'Lewis was fined 5/ and costs for leaving his cart with the wheel unchained 1 : Albert Pca-cbey was similarly mulcted for riding a horse en the footpath; and Mrs. A. M. Denby, W. Rankin, R. Irwin, and Mrs. A. Lovering were each fined 5/ with costs for allowing rattle to wander on the Devonport highways. INEBRIATE. One first offender paid toll, one forfeited his deposit, and one, who fell into the harbour last night and cracked his head, is still in hospital.