POLICE COURT.

Auckland Star, Volume XLII, Issue 136, 9 June 1911, Page 6

POLICE COURT.

I • (Before Mr. E. C. Cutten, S.M.) THE DRUNKARDS. "I've been down-hearted and despondent ever since 1 broke my leg," said Alary Ami Windsor, who had to answer to a fourth offence of drunkenness this morning. Accused was said to be an habitual drunkard, and was ordered a term at Pakatoa Island. John Kelly, a second offender was fined 10/, and Samuel Bloomiield, also a second offender, was ordered to pay £1 from a bail of £2. John Turner, an old man, and a second offender, was fined 10/, and Wm. Holton, on remand for medical treatment, was further remanded, his condition 6till being bad. A first offender was lined 5/. ADMITTED TO PROBATION. Alfred Clegg, a young man, who last week pleaded guilty to stealing £2, the property of the Atlas Biscuit Company, and was remanded for the probation officer's report, was this morning admitted to probation for twelve months on terms of the officer's report. This was that he should repay the £2 by instalments of 10/ per week, return to the country for work, he having come from a farm, refrain from going into hotels or drinking for the period, and he of general good behaviour. SUPPLYING LIQUOR. When the case charging ThomM W. O'Callaghan with having supplied liquor to V. W. Craig, knowing liim to be a prohibited person, was called, Mr. Matthews, who appeared for defendant, rose and made -an application that the case could not be heard. There were a number of other cases connected with this, in which O'Callaghan was charged with assault on Craig, Craig charged, with receiving liquor while prohibited and assaulting O'Callaghan, and Geo. Stevens and EUen Munro of supplying liquor to Craig. These cases were heard some little time back, before Mr. Scott-Smith, S.M., and were all dismissed, "without prejudice." Mr. Matthews said that the. accused, with others, was charged as the result of what took place at what might be called a tea party." The police tried to get Craig in the witness-box to con- j vict O'Callaghan, and also himself at one time, but this was objected to, and the Magistrate upheld the objection. , The only evidence called was that of! a constable, who swore that Craig had told him there was a mutual assault. There was nothing proved that O'Cal- j laghan knew Craig was prohibited, nor was it proved that Craig was prohibited. The assault eases were dismissed on the merits, and that of supplying on tho technical point that it was not proved Craig was prohibited or O'Callaghan j knew he was prohibited. Mr. Matthews said that nothing was said about the cases being dismissed "without prejudice," and thus application must have been made after he left the Court, On the records being looked up, it was seen that the cases had been dismissed "without prejudice," and there was no other course but to proceed with the cases. The Sub-Inspector agreed to withdraw the assault cases, and on charges of supplying and receiving CCnllaghan and Ellen Munro pleaded guilty to the former, and Craig to the latter. Geo. Stevens pleaded not guilty to the former charge. The circumstances were that at a gathering at which all were present, liquor was procured and all partook of it. There were two charges of supplying and procuring against O'Callaghan. who was this week fined £5 for a similar offence. His Worship took this into consideration and reduced the present fine to £2. Craig was fined £2, and Mrs. Murrro £2. The case against Stevens stood down until later in the day.

Geo. Stevens, who pleaded not guilty to supplying F. W. Craig, a prohibited person, with liquor, was defended by. Mr. Matthews. On the date of the | charge Craig, in evidence, said be did not think any liquor was brought into his shop by defendant. Craig thought defendant came in to pay an account, and was only there for a few minutes. Cross-examined, witness said Stevens; had advised against breaking his order. Further evidence showed that Stevens had not brought liquor in. Mr. i Matthews stated that Stevens had a ■ very good reputation in Auckland, and had always endeavoured to get Craig 'to keep his order. The case was dis-j missed. MISCELLANEOUS. j Geo. Grantley was fined 5/, with 7/ costs, for leaving a vehicle in Ponsonbyroad. : The three deserters from warships, Alfred John Bull, Charles Edward Kennard, and Walter Smith, were further remanded this morning, Sub-Inspector Hendrey stating that a warship was making its way up the coast, and would soon be in Auckland. Two of the men did not like the enforced confinement, and made application to be sent to meet the boat, but this could not be done.