POLICE COURT.—FRIDAY.

New Zealand Herald, Volume III, Issue 712, 24 February 1866, Page 6

POLICE COURT.—FRIDAY.

(Before fames O'Neill, Bsq., J.P., Chairman, George Graham, Esq., J. P.) DRTJXKABDS. Richard Phillips and John Reid, were fined in the usual amount for being drunk and disorderly. BREACH OF THE SHEEP ACT. William Hunter and George Dunnelt were charged by Mr. F. 0. Lewis, with a breach of the above Act. Mr. Wynn asked for the case to be adjourned until this day (Saturday), oa account of the defendants being unable to attend. Mr. Lewis said he had not the slighest objection tO'the case being adjourned, as it was a very aggravated one, and he would like the defendants to he present to defend i ( « FITBIOTT? RIDING. A young man named Harry Thornton Tubbs, was charged with the above offence, by |riding a horse furiously down Que9n-streefc on the 20th inst. He pleaded guilty, but put in a plea that the horse ran away with him, and he could not control the animal. Constable Sander : on deposed: On Tuesday last I was on duty in Queen-street. Defendant came riding a horae down the street at a furious rate, and dangerous to the public. Cross-examined by defendant: I did not see you endeavour to pull the horse in. I did not 6ee you strike the horse. Ordered to pay a fine of 20s. and the costs. AS3ATTLT. * PARSONS V. ISvrtTE. This case, which was adjourned from the day preTious, was not called on having been settled out of Court. EMBEZZLEMENT. W. "Webster was charged with embezzling various sums, viz., 105.,30s , 10d.,and 605., and other monies, in all, £5 15s. id., the property of his employer, Mr. Dickson, a baker in Uobson-Btreet. Mr. Dickson said that the prisoner was m his employment and had authority to collect debts. On Friday night last prisoner acknowledged that he had received various sums of money from customers. Ho acknowledged to have received £3 3s. Id. from Mrs. Charlotte Munro; lis. 2d. from a customer named Sherar. He confessed to having received the money. Prisoner said he had spent the money and did not know how to make it up. Prosecutor waß induced by this discovery to make inquiry. Called upon a customer named Wilkins and was informed that prisoner had been paid £1 10s. Mrs. Emma Nelson said she had paid the prisoner 10i. These were due to prosecutor, and should have been paid me by the prisoner. The prisoner declined to ask prosecutor any questions. Mrs. Charlotte Munro, Mrs. Emma Nelson, Mary A Tin Davidson, and Diana Wilkins proved having paid the prisoner several Bums of money on account , of the prosecutor. The prisoner requested to have the prosecutor re•called, who said that prisoner offered to pay the money if time were given. Prosecutor told prisoner that was all that he wanted. Prisoner did not ask prosecutor to keep him in the employment and stop his wages. Prosecutor did not threaten to put prisoner in irons if the money were not paid by Saturday night. Prisoner said he tried to get the money on Saturday night, and as he could net get the money, he was afraid to go home. The prisoner was committed for trial. HORSE STEALING. Karini, Op William Karrin, an aboriginal native, was charged with stealing a mare from the run at Hau**kL ITtiki, prosecutor, said he was an aboriginal native, residing at Waitakerei West. Did not know the prisoner; saw him before at Mahurangi, when the Court was held there. Had been staying at Hauraki since the 19th January last. Prosecutor had a dark mare on the run, which had been stolen. Prosecutor missed her on the 12th instant. Last saw the mare about four o'clock in the morning of the 12th February. Next saw the mare on the 16th February ; she was in possession of a pakeka named Giblefct, in Parnell. The horse prosecutor saw that morning outside the Court was the s ime mare. _ The value of the mare is £10. Saw the prisoner also on the Saturday before missing the horse. John Giblet, a livery-Btable keeper in Parnell, deposed that he knew the prisoner. .He came to witness's stables about six o'clock in the morning of the 12th. He asked witness the price of his horses, and also whether witness would buy a horse. He went away, and returned about half-past seven with a mare. Prisoner asked witness to buy the horse for £5, but witness declined. Prisoner pressed witness 1 bo that the latter afterwards bought the mare for £2 10s. The mare had since been in witness's custody, and was then outside the Court. The mare identified by the prosecutor on Saturday last. Prosecutor examined by the Bench: I did not jknow that I was purchasing the mare below its value. It was in bad condition, but has improved since I tad it It was impossible to say what the value of theinare was.' 'She might have had something the - atotter with her. The prisoner acknowledged that the evidence given was correct. The prisoner was committed to take bis trial at the next criminal sittings of the Supreme Court. I

BRBACII OP TPU DO3- ACT. Mr. A. L. Thomson was charged by Sergeant J. M. Clarke, of the Police, with having, on the 17th ot February last, had a certain dog in his possession that flaw at a lad named James Rogers (a boy connected with the Uew-Zealander), on tho Karangahape Road, severely biting him on the leg to tho danger o his life, &c. , A plea of not guilty was given in by Messrs. VVynn and J. B. Russell, counsel for the dofonce. They admitted that Mr. Thomson had two dogs, but that it was not his animal that bit tho boy. James Roeors, a youth, sworn, deposed : On Saturday morning last I was on the Karangahapo Road delivering newspapers. Upon passmg defendant s gato two large dogs rushed out at me. Tho oigge t do" of tho two bit mo on tho log, which drew blood. 1 called out for help, aud I was taken into Mr._ A. L. Thomson's house. I then w-nt to the doctor s, and he took all the poison out of it and told mo to poultice it. I believe tho attack was a dangerous one and likely to endanger my life. Tho dogs belonged to Mr. A. L. Thomson. Cross-examined by ITr. Russell i I told they wore Mr. A. Xj. Thomson's dogs. I only know that by being told. I do not know whether it is Mr. Thomson's house or Mr. Parson's. I was told it was defendant's. A wom in Ido not know took mo into the house and attendod me. I did not see anyone elso except the servant man. I did not point out to Mr. Woolley the dog that bit me. There was a dog alongside of Mr - Cunningham, but that wa3 not tho dog that bit mo. By tho Bench: There were threo or four dogs there, but only two ran at. me. I am certain they came from the gate where Mr. Thomson lives. Patrick Jones, sworn, deposed : I live at the City Mission, and cake the New Zcalandcr every Wedne day and Saturday mornings. About 8 a.m., on Saturday last I was in tho Karangahape Road. I saw two dogs run out at the witness Rogers, as 1 was pa'sing Mr. A. L. Thomson's house. I saw ono of tho dogs hits him; the blood came through his trousers. Ho was then taken into tho house where the dogs ran out. I know where Mr. Thomson lives, and they are hi* dogs. By Mr. Russoll: I know they belong to Mr, Thomson, because thoy catno out of his house. Ido not know Mr. Thomson when I see him, nor can I point him out in Court. Tho man next d TOrtold me it was Mr. Thomson's houso. Ido not know that it is a boarding house, and that several people live thero. John Graham, sworn, deposed : I reside in Karangahape Road. I know Mr. A. L. Thomson, Rnd the boy Rogers. Last Saturday morning I was in mj' own house, when I heard cries of distress, and uuon running out I saw the boy Rogevß in tho arms of Mr. Hanson, with blood running from his lofc leg. I examined the wound, a large one, and which I could nearly put my little finger into. I wont down to see Mr. Thomson, but he was not at home. I took tho boy to Dr. Pearce to get the lee dressed, and left him there. I know Mr. A. L. Thomson has two dangerous dogs, and I havo twice given him notice of it; on three previous occasions I had to go and rescue other people's ohildren from these dogs. Mr. Wynn objected to this being taken as evidence. Cross-esamin- d : I havo not the slightest doubt in my mind that it was Sir. Thomson's dog that bit the boy, from previous occurrences. lam daily in dread of sending my children out in the streets for thoso dogs. By Mr. "Wynn: I cannot swear that it was Mr. Thomson's dog that bit the boy. I was in my house when the occurrence took place, but did not see it. I will swear that I have spoken to Mr. Thomson about them several times. Thero is a fence round the house. lam a painter by trade, and should say it is about 6 feet high, made of galvanised iron. My first couversation with Mr. Thomson was abont my rescuing two childrou from these dog fangs They were not bitten, but would have been bitten if they had been bitten. Mr. Wynn: That will do. (Laughter.) Police-Sergeant J. M. Clarke, sworn, stilted: I was shown the two dogs on Saturday last by Mr. Cunningham, and the boy Rogers. Rogers pointed out one as the dog that bit him. Mr. Wynn again objectei to this as evidence. Mr. Thomson was not present, he was at Onehunga, and they could not swear in his absence that the dogs were his. Examination continued :—I have seen these two dogs at Mr. Thomson's houso, a id Rogers said it was one of these that bit him On Wednesday evening last I went to defendant's house, to serve tho sum mons cn him; when I saw the dogs in tho room, and they appeared very tamo, standing in any position they were told, &c. That wa» tho case for the complainant. Mr. Wynn addressed the Bench for the defence, contending 'hat the charge should be dismissed; in consequence of the prosecution having fiiled to prove the houso of Mr. Thomson in the Karangahape Road was within the boundary limits of the Act. Mr. Bub9cll contended the same thing. Tho Bench remarked that it might be obtuson ess on their part, but they conld not see clearly the point raised by tho learned counsel. Mr. J. Russell then further addressed the justices touching strongly on the discrepancies made by the the witnesses in their evidence, also there was no proof shown that it was Mr. A. L. Thomson's dog that bit the boy. Ho then called Mr. R. Woolley,"who stated: lam a merchant residing in Auckland, and reside with Mr. Thomson. Tt is not his house, but Mrs. Parson's. I recollect the boy Rogers coming to the house on Saturday mornmg last. I showed him both the dogs belonging to Mr. Thomson. Mr. Gr diam came with him in a very exci'cd manner, and then the boy first s lid the big dog wis the one ; then that it was not that one but the smaller one, and afterwards that it wns neither of them. T cannot- say it was Mr. Thomson's dogs that bit the boy. Thero are several othor dogs in the neighbourhood. The place was fenced in. John Watson Bain : I know those dogs of Mr. Thomson. They aro in tho habit of playing, not only with my children, but w-th everybody's children. I do not think they are suscoptible of any vice. W. Lotherington: I know those dogs. They come with me to tho office. I have never known them to run after a man or beast, except in play. They are not in the least vicious, except when tied up at night. The Bench were of opinion that 40s. and costs would meet the ease, but that without prejudico to any claim for damage done by tho dog.