POLICE COURT.-Wednesday.

New Zealand Herald, Volume XII, Issue 4289, 12 August 1875, Page 4

POLICE COURT.-Wednesday.

rrefore Miesr.» G. S. l.'rahnm anil Cliailwk-k, .Justice* of tho l'caco ] Dbuxkessess.— Two drunkards wore fined in the usual amount. BnEAcn of the Vagiunt Ait.—William McEliver was charged by the police with having no visible lawful means of support. The charge was proved by Detectives Grace and Jeffrey, who gave the accuse', :i very bad character. They believed '< ■' «'«s i" tllC habit of committing \Kity thefts in the suburbs. The prisoner said he was suffering from bodily ailments, and produced an order for admission to the IJoF.pita!, dated the 19th July. The Court sentenced him to three months' imprisonment with hard labour.

Threatening La.ncu.voe.—William Long was charged on a warrant with making use of threatening language towards his lawful wife on the 9th instant. The prisoner indignantly denied the charge. Mary Long, the prosecutor, deposed that her husband assaulted her and threatened to "do" for her even if he should be hanged for it. She consequently went in fear of her life. A witness named French proved that the prisoner in his hearing expressed a willingness to "swing" for his wife. The prisoner made counter charges against his wife, and accused her of infidelity, a charge which S-ergt.-Major I'ardy said there was a great deal of trutli in. The Bench ordered the prisoner to enter into his own recognizances to keep the peace towards his wife for six months.

Bkiui-ii of Do<; X vihance Act. —George .lohnstone was charged with allowing bis dog to be at large, without having a ticket atiixeil to him issued for the current year. Fined 03 and costs.

lir.EAcii ok the H.vnnoun Regulations. .liilin Gardner was charged with a breach of the Harbour Regulations, bypassing along Queen-street wharf with his dray containing a load exceeding 30 cwt. (to wit, 49 cwt.), on the '2nd inst. Mr. J. B. Russell appeared for the complainant. The defendant pleaded guilty,-and was lined ISs and costs.—Henry Keane was charged, upon a summons issued at the instance of the Chief Harbourmaster, with plying as a waterman in the port of Auckland, without being duly licensed, on the 2'Jth July last. Mr. J. B. Russell appeared for the complainant, and Mr. Joy for the defendant, and pleaded not guilty. Mr. Kussell having opened tho case, and put in documentary evidence, called .Sergeant Martin, of the Water l'olice, who proved that the defendant had been plying as a boatman in the port of Auckland. On the -'Mi July he saw him take five shillings from a gentleman named LongdiT). Frederick Longilill deposed that on the 29th July he engaged the defendant to take him oil' "to a vessel in the harbour, for which he paid os. James M. Brigham deposed that ho was secretary to the Harbour Board. Tho grievances of the watermen had been under the consideration of tho Harbour Board. A memorial was presented by Mr. J. ,Cook ou behalf of the watermen, and the uu'.ttcr was referred to the Wharf Committee with power to act. The committee in: t and decided that the licence fee bo re.luced to £1 pur annum, and a letter was sent to Mr. Cook apprising him of the fact. The matter, upon being brought before the Harbour Board ou the 2Cth July, was referred br-ck to the committee, which met next day, and it was agreed that the fare 3 should be raised, and the licence fees be as formerly, namely, £2 per annum. Notice of this was sent to Mr. Cook, and a notice was also posted on the waterinau's-houso early in July. Had spoken to Keane and Johnston, ami told them that their licence was wrong, and they were liable to be sued if they plied under it. No licence had been taken out by the defendant since the Ist July. To Mr. Joy : The letter now produced is one that 1 sent to Mr. Cook. The letter is dated 21st Jan. The letter read as follows :—

"Mr. Joseph Cook. Sir, —1 have the honor to inform you, in reference to the memorial .signed by you, on behalf of the licensed watermen, that at a meeting of the Wharf Committee (to whom the matter was remitted, with power to act), held on the 19th iust., it was resolved :—lst. That no alterations be made in the existing watermen's fares or regulations. "2nd. That the fees for boat licences, and fees for licences to watermen, be reduced to 10s each per annum, and that the animal licence for boat and wateriiiau (amounting to one pound sterling) be payable on the lirst day of January in each year.—Your obedient servant, James M. L)l:k;ham." The licence produced bears my signature, also that of Captain Daldy, as Chairman of the Harbour Board. When I gave that licence 1 received one pound fee for it. The licence was granted on the 22nd January, and states that the defendant had been licensed to ply for hire as a waterman until the lilst December, 1ST"). Several other licences have been issued to other watermen for the same period, and at the same time. After some agreement by counsel the letter given in evidence was withdrawn. This closed the case for the complainant. Mr. Joy brielly addressed the Court, and submitted that the facts proved by the prosecution composed the substance of his defence. He therefore left the matter in the hands of the Court. It appeared to him that the Harbour Hoard had granted the defendant a licence, which it now held to be wrong, and therefore asked the Court to punish the defendant for its own lacltca. In reply to the Bench, Mr. Russell stated that the prosecution was instituted by the chief harbourmaster, who alone liad that power, at the instigation of the Harbour Board. It was in fact brought under these circumstances : A mistake had been made in granting the licence, and the Board now wished to compel the watermen to comply with the law. The Bench, after a short deliberation, decided to dismiss the case. Mr. Russell applied for the grounds of .dismissal. The Bench informed the counsel that it considered tho case had not been proved. Costs were allowed. —A similar charge against Peter Johustone, another waterman, was then withdrawn, no evidence being offered. This closed the business.