THE COURTS-TO-DAY.

Evening Star, Issue 8406, 6 January 1891, Page 2

THE COURTS-TO-DAY.

CITY POLICE COURI. (Before E. H. Carew, Esq., R.M., and Mr J. P. Jones, J.P.) The Rocklands Station Case John Campbell alias Christie alias Crawford, on remand, was charged, on the information of Detective Henderson, with assaulting Donald M'lntyre, at Rocklands Station, Deep Stream, on the 12! th December, and with stealing from him two horses, two saddles, and two bridles, valued at L 26 10s ; also one gun, one powder flask, one shot bag, and one field glass, of the value of L 4. —On the application of Inspector Moore, the accused, who is at present serving a sentence of sis months in Dunedin gaol, was farther remanded until the 13th inat.

Industbial Schools Act. —Henry Michael Johmon (12) was charged with having no means of subsistence, and with being a child within the meaning of the Industrial Schools Act.—Mr Gallaway appeared for the St. Vincent De Paul Society, who applied to have the boy committed to St. Mary's School, Kelson. Mr Gallaway said that no extra expense would be incurred by the State if the request were complied with.— Sergeant Gearin gave evidence to the effect that the boy's father was dead, and his mother was in the hospital in a dying condition. There were three other children who were in the care of friends.—The boy was committed to St. Mary's School, Nelson, until he attains the age of fifteen years, to be brought up in the Roman Catholic form of religion. (Before Mr J. P. Jones, J. P.) A Disorderly Character.— Catherine Clisby, a young woman, was charged with being drunk at South Dunedin on Christmas morning, and with behaving in a disorderly manner. Accused pleaded not guilty.— Constable Hurlihy gave evidence, stating that accused was behaving in a very riotous and indecent manner about half past four on the morning in question.—Accused was fined 20s, in default forty-eight hours' imprisonment.—The fine was promptly paid. Drunkenness. Henry M Guire was fined ss, in default twenty-four hoars' imprisonment. A Christmas Carousal. - John Rosenbrook, jun , was charged with, on the 25th December, at South Dunedin, using threatening words and behaviour with intent to provoke a breach of the peace. Accused was further charged with resisting Constable Hurlihy while the latter was in the execution of his duty. Accused, for whom Mr Hanlon appeared, pleaded not guilty. Sergeant Morice prosecuted. Constable Hurlihy stated that about halfpast twelve on Christmas Eve he saw a crowd of young fellows standing at Ogg's corner, South Dunedin. Accused was among them. Witness told them to move along, as they were blocking the footpath. The accused used very insulting language to witness, and said that he and his mates would soon put the set on him, Accused used further insulting language to witness, on which witness arrested him. With that accused called on his mates to rescue him, and they attempted to take him from witness. Constable Daley came to witness's assistance, and a scuffle ensued, during which one of the crowd struck at witness with a stick, and to ward off the blow witness let go of the prisoner, and he escaped among his companions. At ihis time Constable Daley was on the footpath, having been knocked down by some of his assailants. The accused, in the struggle, dropped his hat, which witness picked up. It had accused's initials inside it, and on the following day accused came to the station and claimed it. Witness was positive that it was Rosenbrook he arrested, and who got away away from him in the scuffle. Witness went to accused's home at two o'clock that morning, and he was not there then. To Mr Hanlon : When witness saw the crowd at the corner they appeared to bo quarrelling among themselves. —Constable Daley gave corroborative evidence. He said that when the scuffle was going on he slipped on the pavement, and at that moment several of the young men rushed at Constable Hurlihy and got the accused away. Witness attempted to recapture accused, and in doing so narrowly escaped a severe blow on the face. To Mr Hanlon : The young men at the corner were talking loudly and were blocking the footpath. Witness had known the accused for some years as a very respectable lad.—This was all the evidence. Mr Hanlon submitted that this was one of the weakest cases that had ever been put before His Worship. The whole thing arose out of the constable's improper interference with the lads. Andrew Watt, blacksmith, stated that he was at Ogg's Railway Hotel about half-past twelve last Christmas Eve. There were about six others there, and they were standing on the middle of the road talking about a goose that one of them had bought for a Christmas dinner. It was while they were discussing this topic that Constable Hurlihy came along and said he would arrest some of them. To Sergeant Morice: Witness had known the accused for years. Witness had only had two drinks that night. He was at the corner from twelve o'clock till half-past one, and did not see the arrest.— The accused said that when he was standing with some of his mates at Ogg's corner, talking about a goose, Constable Hurlihy came along and poshed him, telling him to move on. Witness- walked away, remarking "Oh, we know all abontyou." The arrest was made about 20yds from Ogg's Hotel. To Sergeant Morice: Witness had no drink that evening; he was a teetotaller. He never said that he would put the set on the constable. When arrested witness did not resist. The constable simply let him go, and witness walked away.—Mr Hanlon said he would call Mr H. S. Fish to give evidence as to character.—Mr Jones said he did not think such a thing would be necessary. He had given the case very close attention, and was of opinion that the

polio? might have acted somewhat differently in the matter. If the lads had been cautioned by the police and then left, the whole affair might very well have remained there. He did not see hi* way clear to convict in either of the eases, both oi which would be dismissed, FORT CHALMERS POLICE COURT. (Before Messrs J. R. Monaon and J. Morgan, J.P.s.) Assault. John Thomas While wa» charged, on the information of George Moore, with unlawfully assaulting him on the 2nd inat. Accused pleaded guilty.— George Moore, railway employe\ stated that about 7 p.m. on the 2nd inst. he was standing on the railway platform talking to Mr Smith, when the accused came up and made some remark. Witness told him he did not wish to have anything to say to him, when the accused lifted up a stick he was carrying and struck witness on the head. Accused did not appear to be sober. There had been no ill-feeling between them. — Accused in defence said he was very eorry for what he had done. He was not sober at the time, and on the morning after the assault he offered an apology to the complainant, who said he could not accept it, as it wonld have to come before the Court. Accused was fined 10s, with lis costs, or io ' default forty-eight hours'imprisonment Dakgebous Doe — Benjamin Christie wa» charged by David Gibbs with being the owner of a dog, and permitting the same to worry and bite his son, Edward Gibbs, od the 31st nit.—After hearing the evidence of the complainant and a witness named Christinson the defendant wss fined 10s and oOBtB. Disobedience of Lawful Commands.— John Qordon, John Min tie, and Herbert Tanner, seamen of the Hurnnui, were charged, on the information of Captain Sinclair, with wilful disobedience of lawful commands. Mr Hosking appeared for the complainant, and Mr Platts for the defendants—William Plunkett, chief officer, and Captain Sinolair having given evidence of the acts of disobedience, Mr Platts urged that the Blight misconduct of the men was the result of a misapprehension. They had no intention of wilfully disobeying commands, and were willing now to go on board and turn-to at their work. As they bad been in gaol since Monday afternoon, he submitted that a very light punishment would meet the requirements of the case.—The Bench said the case would be [met by the defendants forfeiting two days' pay and returning to work at once; but if they came before the Court again they would be severely dealt with.