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THE COURTS—TO-DAY., Issue 8035, 11 October 1889
SUPREME COURT—IN| CHAMBERS.
(Before His Honor Mr Justice Williams.)
Bowler and others v. Street and others. —Summons to plaintiffs to show cause why trial should not be postponed till the sittings after present October sittings (Mr George Cook). —Trial to stand over til) following sittings ; costs and costs of motion for decree to be costs in cause.
Re Francis Alfred Pierce (bankrupt). —Motion to close bankruptcy and fix date of application for order of discharge (Mr E>. D. Macdonald). —Accordingly. Re Thomas Burton Grainger, deceased. —On Mr Macdonald’s motion, leave to register copy of will was granted. Re Thomas Ritchie, deceased.—Motion for probate herein was granted on Mr Meat* yard’s application.
Winmill v. Gallie.— On Mr Fraser’s application His Honor fixed Tuesday next for argument re costs and letters of administration.
RESIDENT MAGISTRATE’S COURT.
(BeforeE. H. Carew, Esq., R.M.)
Neill and Co. v. Ah Wye (Conroy Gully).—Claim, L2I 2s 6d, on a dishonored promissory note. Judgment was given for plaintiff by default for the amount claimed, with costs.
J. W. Smith v. Elizabeth M'Douald.— Claim, L6l Ss 4d, balance of account for interest. Mr James appeared for the plaintiff, for whom judgment was given by default for the amount claimed, with coats.
CITY POLICE COURT.
(Before Messrs J. P. Jones and J. Christophers, J.P.s.)
Drunkenness.— For this offence a first offender was fined Ss, in default twentyfour hours’ imprisonment; and Thomas Hunter- [one previous conviction) was fined 10s, in default forty-eight hours’ imprisonment.
Bad Characters. —Margaret Docherty (twenty-eight previous convictions) was charged with being a common prostitute and with behaving in a disorderly manner on the 10th inst,—Constable Ramsay said that accused was a source of great annoyance to the police on account of her bad*behaviour. On the night in question she was swearing and wanting to fight anyone.—Sergeant Gearin also gave evidence as to accused’s bad character, and said she was a most violent woman when at large. He had known her for several years, and had never known her to earn her living.— Sergeant-major Bevin gave accused an extremely bad character, and said that she had been given chance after chance, but had always gone back to her bad ways, She was sentenced to three months’imprisonment with bard labor.
Ellen Wilson was similarly charged, and evidence of a similar nature was given by Constable Ramsay and Sergeant Gearin.—lt was stated that there were twenty-four pre vious convictions recorded against accused, who was a perfect nuisance to the police and to all respectable persons. She also bad had chances of reforming, bat had always gone back to. a criminal life.—Accused said she could get witnesses to prove that she was not what the police made her out to be.— Sentenced to three months’ imprisonment with hard labor.
Small Stark was charged with vagrancy, but denied the charge.—Evidence was given by Sergeant Gearfn, Constables Hastie and Ramsay, all of whom said that accused was a very rowdy woman, and kept the neighborhood where she resided in a constant state of uproar. She got shelter with a man who was unable to keep her, and was in the habit of prowling about the streets in bad company; she was in the habit of using extremely bad language in her house and in the streets, and she never did any work. Her house was in an extremely dirty state.— Accused, who frequency interrupted the witnesses, gave a lengthy explanation of her conduct, stating that she had been arrested for doing nothing. She said the police had a down on her, and had always tried to get her into prison when she intended to become respectable. She called a man called Boxwell, who denied that accused had insufficient means of support. She said she; was willing to work and did work, and if she could not get justice in this Court she would get it somewhere else. Sergeantmajor Bevin said that since her husband left her she had led a vagrant’s life. She was sentenced to one month’s imprisonment. Assault and Robbery. Alexander Findlay (two previous convictions), George Myles (one previous conviction), Alice Claylon (one previous conviction), and John Connor (one previous conviction) were charged with assaulting William Robert Waite, and with stealing from him the nun of LB, one watch and chain (valued at L 4), one note book, and sundry papers, the property of complainant. Mr Thornton defended Myles and Clayton; Mr Hanlon, Connor. Detective Henderson said that owing to a witness for the prosecution being unable to be present he was unable to proceed with the case, and would ask for a remand until Tuesday next.—Counsel for • the defence strenuously opposed the application, stating that accused had been lying ih gaol for a week. Bail was refused on uiat
occasion, and the police were now unable to proceed with the case. Chief-Detective Henderson said that it would further the ends of justice if the case were remanded, but if that were not done he would go on with the case,—Mr Jones said it would perhaps be better to proceed with the case, William Robert Waite said that he came to Dunedin from Tapanui last Saturday, and cashed a cheque for Lll on the morning of his arrival. He cashed the cheque at the shop of Mr Samson, getting change in LI notes and silver. On Sunday morning he met Connor at a hotel, and at his companion s suggestion they proceeded to various hotels, leaving the Royal George Hotel about three o’clock. They proceeded thence to a brothel, Connor stating that there were two girls there —Clayton was cue of them Myles also being present. If* 1 “shouted for those present several times, and began playing cards. He had L 9 odd in his left-hand trousers pocket, and showed the money to accused once. Clayton hid his hat, and after tea he asked for it, and insisted on leaving. She said that if he insisted on going she would go with him, and accompanied him to the Town Belt, leaving Myles and another girl in the house; Connor had left some time previous. Clayton and he walked over some paddocks, and as they were walking witness was struck down by someone hitting him over the head. He was knocked insensible, and when he recovered found that his pockets had been rifled, and that everything was gone—money, watch, chain, note book, papers, handkerchief, and pipe. He carried his pocketjbook in his inside pocket. Clayton disappeared when he was assaulted, and he never saw her until he was taken to her place by the police. He saw three men hurrying away from the spot, and noticed that they were middle-sized men ; one wore a dark coat. Directly he recovered he informed the police, hurrying to the station as soon as possible. While he and the policemen were at Clayton’s Myles and Findlay came into the house. Findlay tried to hide a note hook and to put a note in the coal scuttle. Clayton said that she had been assau’ted too. Witness’s ear was split up and had to be stitched, while the back of his head was bruised. To Mr Thornton : While they were playing cards in Clayton’s house Connor was caught cheating, and was asked to leave. It was Myles who ordered Connor to leave, and the latter did not return to the house. Myles was also asked to accompany witness and Clayton, but he refused. Witness was struck from behind, and was walking towards the road when he was attacked. There was nothing to lead witness to suspect that Myles followed him.—James Samson, auctioneer, said that he cashed for complainant a cheque for Lll 7s Sd on Saturday morning.—The mid-day adjournment was then taken.
Upon resuming, the prosecutor was crossexamined by Mr Hanlon. He admitted having a number of drinks on the day on which he was assaulted and robbed, but he was not drunk. He was not always in the presence of the accused while he was in the house, and they had plenty of opportunities of concocting a scheme to rob him.— Constable Daly said that soon after ho, Detective M'Grath, and the prosecutor arrived at the house of Clayton lie saw Myles and Findlay looking o.ver the fence. Detective M'Grath rushed outside and brought them in. While they were inside he turned towards Findlay for the purpose of searching him, when he suddenly placed a note book under the window curtain. Witness asked him where he got the book, and he replied " I don’t know anything about it.” He also tried to conceal aLI note by throwing it under a chair. Waite was sober at the time. Clayton said that prosecutor asked her to go for a walk, and while they were sitting together three boys sprang out and assaulted him and herself.— Detective M'Grath corroborated Constable Daly’s evidence.—Evidence was also given by other witnesses.—Findlay, Miles, and Clayton were committed for trial. The charge against Connor was dismissed.
THE COURTS—TO-DAY., Issue 8035, 11 October 1889
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