LAW AND POLICE.

New Zealand Herald, Volume XVI, Issue 5638, 11 December 1879, Page 6

LAW AND POLICE.

BANKRUPTCY.—Wednesday. (Before the Itegistrar, E. 3. Willcockj, Esq.) Re John James Allen.—Mr. Laisliley appeared for the debtor ivho came up to apply lor his discharge. The Registrar said he had received instructions from his Honorthe Judge of the Supreme Court, who had arrived in Auckland from the South, to adjourn the hearing to Wednesday, the 17th inst. Meetings of Creditors.—Re John Soppett: In thi3 case the debtor came before the creditors to apply for their certificate. The trustee handed in his report, and made no objection to the debtor receiving the creditors' certificate. The usual resolution wai passed recommending tho debtor's discharge.— Re Samuel McKay : In this case the debtor came before the creditors to apply for their certificate. Mr. W. Thorne Thorne appeared for the debtor. At the request of the trustee, the meeting adjourned to Tuesday, lGth inst., to be holden at the same time and place. POLICE COURT.—Wednesday. [Before J. E. Macdon&ld, Eiq., R,M.J Drunkenness.—ffm. Elder was charged with being drunk, and was fined in the usual amount. Indecency.—William Elder was charged with indecent exposure in a public place, to wit, Symonds-atreet, on the 9th inst. The prisoner was found guilty, but being drunk at the time, and the offence not having besn committed with any intention of offending tho public, his Worship sentenced him to a fine of 10a and costs, or in default to suffer 4S hours' imprisonment. Wilful Trespass. —Robert Sergeant was charged with wilfully trespassing in and refusing to leave the dwelling-house of one Louis Genson, after having been warned to loave, on the "tli inst. Defendant pleaded not guilty. Louis Genscn deposed that he rented a house in Chanccry-strcet from Mr. Luke. He went away on the 25th ult., locking tho door, and returning a we?k after, found tho defendant in his house. He complained to the landlord, who came and put another new padlock on the door. On coming again to tho house, he found the padlock had been broken, and the liousc entered. William Luke deposed that he had rented the house first to (Jensen, and on the desendant saying the house was deserted and open, and asking for permission to go into it, he allowed him to go into it on condition that if Gensen returned he was to go out. On the return of the latttr, and on his complaint, he turned out th« prisoner, and padlocked the house, ordering the prisoner not to trespass in the house, or to interfere

lin any way with Gensen. Th» prisoner gave > t up the key to witness od Saturday, and on Monday ho broke open the padlock, and went >11. He did not see him break the padlock. The prisoner owed him one week's rent previous to this, which was paid before y he let him. His Worship, after ascertaining that the prisoner was not sober when he gave up the key on the Saturday, and therei fore was not perhaps aware that in doing 60 he gave up the tenancy, and had no fur° • ther right there, gave him the benefit of the doubt, and discharged him, at the same time warning him not to go near the house 1 agiin. : Malicious Ikji'ky to Property. —Robt. Sergeant was also charged with having will fully and maliciously broken a padlock and chain, worth 2s, the property of William Luke, on the i tlx instant. The evidence on this chargc being the same as on the previous charge, it was withdrawn. Theft.—.Edward Culamwas charged with • stealing £1, the property of John Christie, on the 28th ultimo ; also, of a silver watch, I worth £3, the property of Percy Daniels, on I the 2Gth ultimo. Sub-Inspector Pardy stated that the defendant, who 13 only nine ; years of age, was caught in the act of steal--1 ing the £lnote, which was recovered, but 1 as the complaiuant in the second charge placed great value on the watch as an heirloom, and as it was not rec jvered, he would ask for a remand till next day, to see whether he could hear anything of it. His Worship accordingly remauded the case till Thursday (to-day). Stealixo I'*i—AdamEmrili was charged with stealing a box containing about 20»lozen eggs, worth 20s, the property of Cbar!e3 Henry Butler, on the sth instant. Mr. Laishley appeared for the defendant, and avkeJ for a remand till Friday. His Worship granted the remand, and allowel the prisoner to be admitted to bail. Malicious Injury to Pkoi'Eßtv.—Polly Burke was charged with wilfully aud maliciously breaking four panes of glass, worth £1, the property of Annie McKenzie, 011 the 2nd instant. Mr. Tyler appeared for the defendant, and on her behalf pleaded guilty, with extenuating circumstances. He stated tbat she had been told that a girl living in Annio McKenzie's house had m ide some observation, offensive in its nature, reflecting upon her, and wanted to see her. She therefore went ill company with two other girls, Julia Wilson and Annie Hopkins, to the house in a cab. Jul a went in by the back door, while defendant and Annie went to the front door, at which they knocked. It was opeceJ, and then slammed in defend•lt's face, which so exasperated her, that on the impulse of the moment, she smashed the panes of glass. A constable happening to come up at the moment, the defendant and Annie " skedaddled." Next day the panes of glass weie put in, and paid for Dy defendant, and the owner was perfectly satisfied. There was no altercation, no swearing, no disturbance whatsoever. Mr. Tyler urged that a mere nominal fine in this case would amply meet the ends of justice. Sub-Inspector Pardy said the learned gentleman had put the esse in a very mild light, and that it was a party deliberately made up of some men and girls for the purpose of going to Annie McKenzie's to have a row. Mr. Tyler said it was only for the imrpose of remonstrating with the person in her house who had made the offensive and disparaging remark about Polly Burke. His Worship said that, as the case stood, he was of opinion that the people who were with defendant were more to bo blamed than she was, but as to the act itself of breaking the window, as it arose evidently from a feeling of anger at the aspersion cast upon her, and also at having the door slammed in her face when she wanted to "have it out" with the girl, he would let off the prisoner with a nominal penalty of 10s, aud costs. Aidin-o and Abetting.—J. JenniDgs, W. Mills, David Patterson, Abraham Bowden, Annie Hopkins, Julia Wilson, W. Jones, and J. Nicholls, were charged with aiding and abetting Polly Burke to wilfully and maliciously break four panes of glass, worth 20s, the property of Annie McKenzie, on the 2nd insfc. Mr. Tyler appeared for the female defendants, and Mr. Hesketh for J. Nicliolls. The two first-named defendants did not appear. Sub-Inspector Pardy asked to withdraw the charge agains two of the defendants—Annie Hopkins and W. Jones, and use them as witnesses. The facts in this case were similar to those in the case against Polly Burke, the only difference being that they were charged with aiding and abetting the latter in the act of breaking the panes of glass. 1 Constable Abrams deposed to having seen the smashing of the window, but was too far off to know who did it. On coming up to the spot he saw Hopkins and Nicholls leading Polly Burke, who had cut her arm. He found Julia inside the house quarrelling with a girl named Maggie Moran. Jones and Patterson were standing by a cab in which the parties had all come. William Jones deposed that he was in the cab by accident and knew nothing of the breaking of the window panes. Annie McKenzie, living in Kennedystreet, was in bed when the cab drove up. On opening the back door she saw Julia Wilson, whom she admitted. The other two were at the front door, and Nicholh she saw leaning on the gate. She heard the window breaking, but did not see it. The row was greatly against Julia's wish, as she was urging the other girls to go away, AnDie Hopkins testified to having gone, with Polly Hurke and several men, to Annio McKenzie's. When they got there, Julia went inside. Polly and witness went to the front door, and, on the door being opened and then slammed in their faces, Polly smashed the panes of glass in a rage. Polly Burke deposed that on that evening they all went for a drive. She was rather jolly, and had no distinct idea of where they were going. She had somebody else's hat on, but how it got on her head she could not say, and she did not discover the fact until the battle at Annie McKenzie's was over. She was not drunk, but she knew she had a little too much, and was very excited. She broke the windows in the heat of the moment without hardly knowiDg that she was doing, in a fit of anger at the door being slammed in her face. None of her companions, male or female, had any idea whatsoever of what she was going to do, nor had any of them nrged her in any way to do it. His Worship, on hearing the above evidence, discharged the defendant Patterson, who was the driver of the cab ; also Julia Wilson. As to the other two defendants, he thought that the publicity which would be given to the fact of their having been in the society of such females would be a sufficient punishment for their folly. As to the charge, there was no evidence which proved the commission of any offence of which the law could lake cognizance, and therefore he dismissed the case, the breaking of the glass beitig evidently done on the mere impulse of the moment.