POLICE COURT.

Auckland Star, Volume XXXIX, Issue 284, 27 November 1908, Page 5

POLICE COURT.

(Before Messrs. Ravenhill, Burns, and Tizard.) FIRST OFFENDERS. One first offender who has been under remand for a week for medical treatment was fined 1/- and costs, £1 2/6, in default 4S hours' imprisonment. Another was convicted and discharged. John Heffennan, an old man, who has also been undergoing medical treatment for the past eight days, was convicted, and a prohibition order issued against him, notwithstanding his strenuous protests. Arthur Robinson, trembling violently, and unable to walk without a constable's assistance, was remanded for a week for medical treatment. Chas. Rattray, also in a very shaky state, was similarly dealt with. A CHANCE. Geo. Lloyd, a young man formerly employed as a draper's assistant, guilty of stealing an overcoat valued at £2 10/-, the property of Wm. Young, and a shirt valued at 3/6, the property of John Court and Co., pleaded for a chance. He had recently got amongst loose companions, and had given way to drink. The articles in question had been sold to a secondhand dealer for 7/6, and on Lloyd's promise to refund this amount to the dealer, he was convicted and ordered to come up for sentence when Called upon. FAILURE TO ACCOUNT. A young man named Walter Andrew, guilty of collecting 4/- for his employer and fraudently omitting to account for it, was remanded for a week for the probation officer's report. Andrew has only recently arrived in the Dominion, and a sponsor was forthcoming who promised to do all he could to help the young man. THEFT. A youth of 17, of respectable parentage, employed in an office, and who yielded to temptation and stole some money from his employer's cash box, was convicted and ordered to come up for sentence when called upon. Mr. Singer appeared for' the accused, and stated that the money had been refunded. ■ A TRAMCAB. EPISODE. Arthur Chitty, a sinart-lookiug. welldressed young man, about 'Zo years of age, for whom Mr. Lundon appeared, wa3 charged with assaulting James Cunningham so as to cause him actual bodily harm. James Cunningham said that on November 7th he was proceeding towards his home in Parnell by traaicar. lie was seated on the sand-box at the rear of the car. When near Hobson Parkroad, two ladies said to the conductor, "Why didn't you stop the car!" The conductor took no notice of their remonstrance, and accused then came out and asked the same question. The conductor ordered him to "g«t off, get off." The next thing he saw was the accused hanging on to the hand-rail. The conductor gave a kick at the accused, and then accused was on the rail. He then saw accused aim a. bottle at the conductor. The conductor dodged inside quickly, and witness was the unlucky man, receiving the blow on his head. At the conclusion of his evidence in chief, the witness, who was very much distressed, said that he wished it to be distinctly understood that he was in no way responsible for the prosecution. He had not the slightest animous against the accused. Cross-examined by Mr. Lundon, the witness said that he considered that if the conductor had been more civil the whole thing would never have happened. The bell had twice been rung for the car to stop, but the conductor took no notice. As soon as the conductor kicked at accused he cleared inside quickly, and the car moved oft. Accused came to witness, expressed his regret, and offered to recoup any expenses. Witness had been able to carry on his ordinary work. Dr. Marsack said he examined the last witness after the incident, who had a star-shaped scalp wound. Xinety-nine per cent of such wounds would heal up in a (few days. Cross-examined by Mr. Lundon, the witness said he knew accused, who bore one of the best characters in Parnell. At this stage Sergeant Hendry asked the Bench if, after having heard the evidence so far. they would deal with the case as a common assault instead of an indictable ofrence. The Bench decided to deal with it as a common assault, and the I accused pleaded guiltr. Mr. Lundon said that his client had never before lx-en in Court. The circumstances of the case were practically the I same as those related by the injured man. There was some wordy warfare between conductor an d accused. Unfortunately the latter was not perfectly eobei, and after being s.ent sprawling on! the ground he naturally felt some resentment, and acted hastily. The circumBtances of the case were very exceptional ' and he asked that the case might be dealt with by the imposition of n. fine. Sergeant Hendry agreed that there had been some provocation. The conductor should have stopped the car, and should not have kicked him, but at the same time accused had done a very serious thing. He had taken the law into hie own hands, and had taken a course which might very well have proved fatal. The Bench imposed a fine of £10, ione half to go to the injured man, and niade no order as to costs.