THE COURTS.-TO-DAY.

Evening Star, Issue 11695, 29 September 1902, Page 6

THE COURTS.-TO-DAY.

CITT POLI6E COURT. * ; : (Before G. 0. Graham, Esq., S.M.) *•' Disturbance Outride the Garrison Hall. Sydney Kennard, represented by Mr Hanlon, pleaded guilty to three charges—drunkenness, obscene language in Macandraw street, and breaking a constable’swalking stick.—Fined ss, or twenty-four hoars’ imprisonment, for the first offence; 40s, or fourteen-days, for,the second; and ss, -with 8s 6d damages, for the third. Drunkenness.—Simpson Dunn arid Ellen Hayes were each fined ss, with the usual alternative'; Donald Ogilvy, who did not appear, was fined, 10s;: and of four first offenders (one a youth of eighteen years), threel'were find 5a and one who did. not . answer to his Shipmates in Trouble.—James Heenan, a sailor, confessed; that he was - disorderly in Rattray' street on Saturday night* whilst drunk, but: put the police to the proof of a second charge of using obscene language. that he got drank, bat did .not think he utterqd the words charged. • The evidence of jCpnstable Banting satisfied His Worship,- and a fine of. 40s, in default a fortnights imprisonment, was inflicted, added to a fine of Ss for drunkenness.— Gustave Seafield, 1 charged with inciting Heenan to resist arrest, admitted that he got, hold of his; mate by,- the coat-deeyes .and tried to penraads-.hga>to go aboard their ship. According to tfie testimony ..of Cori- . stables Bunting and Mathieson,. Seafield wept further than that, and got, between . Bunting and. Heenan, advising the flatter not to go with “the- copper, tmng to' null him s away, and. calling on others to help him,, ad 'His Worship fined, accused , 40s, .in default fourteen days’ imprisonment;, ' * Stealing Fowls.:—Hgnry Withey and Herbert Joseph Bead,’ cn'aTged' with stealing forty fowls and four ducks, valued altogether at £lO 16s, the-property of James • Gray, of Anderson.Bay, 1 pleaded guilty. Mr Hay appeared to give reasons in mitigation of penalty.—lnspector .O’Brien said that Mr Gray, a warehouseman, was a fowl fancier, and owned a number of langshans. On the evening of the 23rd instThe left his birds securely lo ckedup. Next morning the fbwlhouse door was found to have been forced open, arid-forty fowls and’fbur ducks were missed. The accused, who had been working for Mr Dennison, proprietor of a poulterer’s shop in George street— Mr Hay here interrupted with the remark that that was hardly the case.—lnspector O’Brien: Well, they were in the habit of selling fowls— — : Mr Hay:. One of them -Vijs. The other is a’ 'fruiterer.—lnspector O'Brien, said' that on the 23rd Bead went for a drive ; ‘ down the Peninsula with Withey, and.drilled at the Shid Hill' Hotel. They left the hotel at 8.45 in the evening, and were afterwards seen near Mr Gray’s place. On the 24th . Detective Livingstone visited Mr Dennison’s shop, and saw fowls, some dead and some alive, answering, the. description of those stolen. He two ac-' cused happened to .be in the shop at the •same time.. The requiring assistances went out for a quarter of.an hour or twenty minutes, and on returning with Plain-clothes Constable Hill- found that four of the nine live fowls* had been killed in ids absence. ■ These newly-killed birds were m Read’s cart. The accnsed killed the fowls, but* the bodies, of the birds were quitd hot and bleeding, an<J Witbey’s apron had fresh blood oh it. Both denied having stolen the- fowls. Read said -.that he purchased them at Berwick, but" hq declined - to give the name of the seller. Only two of the 'forty-four birds were nowalive.—Mr Hay asked the Bench-lb take a lenient' view, of the matter. -He thought there was stbout the pumber tf fowls, Mr Gray had just told him, he was not sore of.-the number,’ and the young men accused said that they: only took eighteen. Perhaps Mr Gray, had made a mistake.-—Mr Gray': No; I had 'eighty, and thpre are only forty left.—Mr Hay asked. His Warship to take-into consideration the fact that accnsed had p*eaded gnilty, thereby saving the police .trouble in . identification. would have identified them as dear as day.-. —Mr Hay, continuing, sdd that what the accused told him was that Bead, who was, a fruiterer, being slack because of wet weather, took Withey for a drive to see if they could boy fowls. \ Withey; who was in Mr Dennison’s shop, went mainly for the drive'. They called number of houses, and in coming back tbey stole Horn Mr Gray. the ; . way out they “called .at several hotels, and_perhaps drank more*; than they should. 'That; was advanced as; showing want of criminal intention. Withey was only eighteen, years of age ; Bead was quite a young man 1 , with a wife and two children ; and seeing that both bore good characters previous 'to, this> and that jt, was apparently a : drunken freak, he (Mri Hay) •asked the Court to,. Jet roe. accnsed .off with , a fine. Mr Dennison,: who boughttthie fowls’ :in good frith, gave only £3“ for them’r and? WHhey got nothing.—lnspector Q/Bri&i re- • marked that the value of the fowk' fwas '■ not’ tq_ bft-'vjudged by : tbeir value ■ poulterer. , He number ‘ delivered "to Mr '• -Dennison on the v 24th was thirty-one dead f fowls, ’ nine, Jive :pnesy ',aridsJouij: ducks, andMr. Gray rajd. that'; hVwould r;be -glad- / if. anyone -.wpuld replace fiveijof’ the^fdoleni' .-fowls at a guinea that, the value of the - fo.wls- for^breedirig^ 1 ’ :purposgs would heabove tablef .purposes. He>was loth to smd' -to. gaol;-as thty'.were.first offenders..&JSahfc-: Would be fined £lO, half : the fine<to r go.Tpv,‘! irepay Mr. Gray, ! and: accused would 'aim'- ; jbave to pay 3fo,.witneigre* expenses! “ .