POLICE COURT, BALCLUTHA.

Clutha Leader, Volume XXIII, Issue 1182, 5 March 1897, Page 5

POLICE COURT, BALCLUTHA.

(Before Messrs M'Corley and Fleming, J.P's.)

February 16.

William Ah Lane was charged on , the information of Constable Griffith with working at his occupation of a gardener in Balclutha on Sunday 21st inst., contrary to the provisions of the Police Offences Act.

Mr A. B. Haggitt appeared for defendant who pleaded not guilty.

John Sandiland said defendant was a market gardener and generally had one man and sometimes two working for him. Saw accused and another man working last Sunday, gathering rubbish into heaps and burning it. The fire was burning when the people were passing home from church and they were annoyed by the smoke.

By Mr Haggitt : The men were gathering rubbish into heaps and burning it.

Ah Kee, who was sworn by blowing out a match, said he left defendant's place at 10 o'clock on Sunday last and went down the street for a walk, returning at 5 p.m. Did not see defendant working that day. Last witness told him that the defendant wrought on Sunday but he did not see him.

William Ah Lane, son of defendant, said he left for Te Houka at 9 o'clock on Sunday morning and returned at 1.30. There was no fire in the garden then. He left at 2 o'clock and went down the street returning at 8 o'clock. There was no fire either when he left or when he returned. The rubbish was all raked into heaps on Saturday. He helped to do it. The constable had told him sometime ago that there were complaints about working on Sunday and it was stopped then. He never knew defendant to work on Sunday.

This concluded the evidence and it being so contradictory the bench dismissed the case with a caution to accused against Sunday work.

William Duff, Peter Duff, Robert Ciiirnsiravand Grant Sievwright were charged with using obscene language in a public place — viz., Clyde street, Balclutha, on 24th February.

Mr Stewart appeared for accused who pleaded not guilty.

John Miller, laborer, Balclutha, gave evidence that about 8 o'clock on the night i.i question he met the accused and a number of other boys in front of Guest's store. His brother, Andrew Miller, was along with him. The Loys came round them and- made use of the bad language given in the information. The boys followed them to the railway station, making use of the bad language all the way. They also threw stones and clods of earth at them as they went along the street.

Andrew Miller gave corroborative evidence.

For the defence Mr Stewart called,

George Guest who was along with the defendants and went to the railway station with them. He said there was a good deal of friendly chaff between the boys and the Millers but no obscene language was used. Some clods were thrown and Miller kicked and tripped Sievwright because he thought he had thrown the clods. He did not hurt him. James Guest gave corroborative evidence. James Duff passed the Millers and the boys on the way to the railway station but did not hear any obscene language used. The bench considered the evidence too contradictory to convict but warned the accused that if ever they were found guilty; of using such language as that imputed to them they certainly would go to gaol as the Act did not provide for a fine, only imprisonment, for the offence. Sievwbight v. Miller, assault. Dismissed. John George Draper was charged with the theft on 19th February of (1) LI 7s Gd, the property of Simon M'Donald Bowers, Ratanui, and (2) of LI 5s on sth February, the property of John M'Caffrey, Ratanui. Mr Stewart appeared for the accused who pleaded guilty to both charges. With reference to the first charge, accused having returned the stolen money was admitted to probation for three months ; he to pay the costs of prosecution. On the second charge he was fined 10s and ordered to repay the stolen money and pay costs of prosecution.