POLICE COURT.—Tuesday.

New Zealand Herald, Volume XVI, Issue 5397, 5 March 1879, Page 3

POLICE COURT.—Tuesday.

fßefore E. C. Barstow,Eiq.,R.M.] Dbunkenness and Vagran«y.—Four personß were punished for being drunk, and Thomas Smith was remanded, as he was unfit to appear in Court. Breach of the Peace.—Bridget Williams and Ann Egan were charged with creating a breach of the peace in Elliott-street. Both pleaded not guilty. Mr. Adams deposed that the two women present were in the street. They were drunk, and one of them was fighting with another woman. Mrs. Naomi Swift deposed to seeing what took place. Mrs. Williams was not fighting at all. Bridget Williams was dismissed. Ann Egan was fined 40s and costs, or (in default) fourteen days' imprisonment with hard labour. Failing to Support.—John Rielly did not appear to answer a charge of failing to contribute to the support of his mother, and with being £G in arrears. A distress warrant was ordered to issue.—A case against John Lorentzin, for neglecting to contribute to the support of his children,* was adjourned until the Ist of April. Animals at Large.—Richard Duder was charged in one instance with allowing one horse to wander in Church-street, Devonport, and in the second, with permitting three cows to wander on the "Beach Road, and was in each instance fined 3s and costs. Unregistered Cart.—John Campbell did not appear to answer the charge of not having a registered ticket on his cart. The case was proved by Constable Jone3, and a fine of 3s and costs imposed. A second case of a similar nature was withdrawn. Fuiuous Riding. — Henry Montague was charged with furiously riding a horse in Queenstreet. He pleaded not guilty. The constable deposed that the defendant was riding as hard as possible up Queen-street, and when witness called to him he paid no attention. When he subsequently spoke to him he was impudent, and said the horse had bolted. A witness named Gregory deposed that the horse was only going at a fast canter. He thought the horse had got the upper-hand, and that the boy was trying to hold him in. The defendant said that his horse was startled by another horse coming up behind him, and he did his best to hold him in. His Worship held that he was riding at an unsafe pace, and he imposed a fine of Is and 0s costs. Chimney on Fire.—Frederick Last pleaded guilty to allowing the chimney of his house to take fire. Fined 3s, and 9s costs. Unattended Cart.—John Kelly was charged withleaviog his cart unattended aud unchained in Wellesley-street. He admitted the offence, and was fined 3s, and 7s costs. Broken Promises.—Mary Burtenshaw did not appear. She had not left the town, as she promised, and the Sub-Inspector applied for a warrant for her apprehension, which was granted. She was subsequently brought into Court, and, as she had declined to take the chance offered lier, she was fiued £5, or (in default) to suffer one month's imprisonment. Larcent.—Mrs. Wright was charged with stealing peaches, worth ss, the property of Edward Barry. Mr. Tole, who appeared for the defence, pleaded not guilty. The complainant asked the permission of His Worship to withdraw the case. Mr. Tole said that the defendant, to meet this trumpery charge, had been at a great deal of expense, and more than that, plaintiff had assaulted her, and she would take out a summons in that case. He did not, however, think the caso should be dealt with in this summary manner. If plaintiff chose to go on with the case, they would defend it; but if not, it would only be fair that Mr. Barry should pay the costs. It was only on that condition ho would consent to the case being withdrawn. Mr. Barry declined this alternative. Mr. Pardy said the case had not been placed in the hands of the police, and Barry only took out the summons when he heard the other side was about to summons him for assault. Plaintiff deposed that he had a peach orchard at Takapuna, and he saw the defendant taking peaches from the ground under the trees. She had a Maori kit full. He told her she had no right to take the peaches, and took them from her. She said she had as much right to them as he had. The value of the peaches he took from her was about 2d. Cross-examined : The place is fenced in, and has been so for about three years. He was about half-a-dozen chains away from Mrs. Wright when he saw her take the peaches. Plaintiff had 24 acres there, his title to which was 22 years' occupation, and an action for ejectment was being brought against him. The quarry in which the defendant aud her husband were breaking stones was a Government road, and there were peach trees on it. Defendant fell when he took the peaches from her. She fell on the stones. For the defence, William Wright, husbaud of the defendant, said he was employed by the Lake Highway Board stones ou the road, which Mr. Barry claimed as his property, where the peaches were. He never objected to his breaking the stones. When ho came up to his wife, she was cut and bleeding. He produced tho kit and the peaches. They were miserable abortions—about the size of marbles. It was lucky for Mr. Barry that he was not present at the time. Michael Shea gave evidence of the position of the peach trees, lie was chairman of the Lake Road Board, and the land on which the peach trees were was a public road, and Mr. Wright had authority to crack stones there. Mr. Barry had uo right to occupy the road, although he had fenced it off. The trees wore planted by an old man, who lived there about five years ago. Mr. Alison also gave evidence, and the case was dismissed. Mr. Tole applied for costs, and quoted seetion 23 of the Justices of the Peace Act, to shew that the magistrate had power to grant them. His Worship awarded costs (£4).