POLICE COURT.

Auckland Star, Volume LII, Issue 21, 25 January 1921, Page 5

POLICE COURT.

(Before Mr. J. W. Poynton, S.M.)

DRUNKENNESS. When Mabel Walters' name was called the Sub-Inspector announced that she could not appear as she was in gaol suffering from measles. One first offender was convicted and discharged; another who had been bailed out had to pay 10/: while several old "friends" had to pay similar amounts. "RETURNED SOLDIER" STUNT. After playing the "returned soldier" stunt on a young lady employed in an. office in Union Buildings, John William Campbell was arrested on a charge of being an idle and disorderly person in that he had no visible means of support. He pleaded guilty but said he was not fit to work, a fact to which he declared the military authorities cojild testify. The Sub-Inspector explained that the accused had been loafing and drinking about town. On January-11 he called at an office and told a lady clerk that he could not dress respectably because hie landlady was holding most of his clothes until he paid a debt of 5/. The ruse worked. A few days later he pitched a tale about something else, with the result that tho simple young woman, touched by the fact that he was a returned soldier, ga>"e him 1/ for tobacco.

The magistrate aaid that Campbell had 18 previous convictions. His eon- . duct had been deplorable. A sentence of I three months' imprisonment was imposed. FRIGHTENED THE NURSES. "There has been a man loafing about the hospital grounds soaring people," was the police statement made when John Kerr (47), a tall wild looking individual admitted a charge that he was a rogue and vagabond, in that he was found by night without lawful excuse in the enclosed grounds of the Auckland Hospital. It wae explained tha-t the hospital authorities had been annoyed for some considerable, time past by a man loafing about the place. The result was that n special police watch was set. About half-past two this morning the accused was found hiding in the bushes. # His appearance, it was said, was enough to frighten the nurses who had to go from ward to ward. Kerr said he was drunk. He had several previous convictions against him and was sent to prison for one month. ALLEGED FORSERY. A remand was granted in a case in which a younfr man, 24 years of age. named Patrick McGibbon was charged with fonjrery. There were two counts allegeM, involving a total of £32. It was alleged that MetJibbon forced the name of H. B. McLeod to two cheques which were cashed at the Commercial Bank of Australia. "IN PERU, TWICE," An important legal point \ra« raised yesterday by Mr. J. J. Sullivan on behalf 'of Arthur Henry Collins, tram conductor, 'who was charged with having on Novem- : her 20 stolen a handbag valued at £X land £108 in notes inside the bag. The case for the prosecution was that a tram passenger named Man- Paul Tuhaere, it Maori, left the bag and money on a seat in the car, it being alleged that the property was afterwards handed to the conductor. The bag, minus the money, was later found in Dominion Road.

j Mr. Sullivan pointed out that two JueI £ices of the Peace had already dismissed the information laid against the accused on substantially the same charge. The consideration already piven to the case was not merely ministerial, but was judicial, judgment of dismissal having been pronounced. The fact that the offence was indictable did not alter the position that a man must not he placed in "peril twice for the same ofTence. After the decision of dismissal the Crown could have applied for a re-hearing within the < prescribed time or could have appealed to the Supreme Court, but it could not flout the decision given and return to the same Court again, and perhaps asrain, until it got what it wanted. Mr. Poynton ruled (hat dismissal of the information in an indictable ofTence was not conclusive. * Mr. Sullivan then asked for a remand for eight days, but the magistrate eaid the case must go on. Mr. Sullivan then requested half an hour's adjournment, in order to consult with his client. This was 'granted, and later evidence similar to that given at the" first hearing was heard. | At the conclusion Mr. Sullivan aeked for a remand so that lie might test the I legal point at the Supreme Court. The accused was accordingly remanded on bail until Monday. A CLOSE SHAVE.

"I am awful when T am drinking: I would swear your life away,' , confided Maria Theresa Shave to the Chief Detective yesterday, -who tried to explain away a statement she made to the police which had resulted in her being charged with the theft of a watch and chain valued at £10. Her first story implicated a male companion, but she explained that he had refused to marry her and she had vowed vengeance on him. He. had a narrow shave as a result, but the magistrate gave him a verdict in his favour. Maria's amended story, however, was intended to clear herself also, 'but it did not work. "The woman told a bundle of lies," commented Mr. Poynton; "three months' imprisonment." ! "But I never stole the watch," ex [claimed the lady.