LAW AND POLICE.

New Zealand Herald, Volume XVIII, Issue 5981, 18 January 1881, Page 6

LAW AND POLICE.

POLICE COURT.—Monday [Before It. C. Bars tow, Esq., R.M.]

Dkunicenness.—Two persons were punished for this offence ; and Daniel Gleeson,' for being drunk and disorderly, was . fined 10s and costs, or, in default, forty-eight hours' imprisonment, with hard labour.

Indecent Exposure. —John Carey Was charged with wilfully and obscenely; exposing his person in the waiting-room of the North Shore Ferry Company. He pleaded not guilty. Mr. Pardy asked for a remand till next day, as Mr. Baker, who was a principal witness, was unable to attend. The adjournment was granted: ' An Absconder.—John McCamish was .again brought up as an absconder from the Naval Training School. He was, at the desire of Captain Breton, cautioned and re 7 manded to the school. Miv Pardy said the .police had now collected. sufficient • evidence to proceed against the parents for harbouring the boy, and encouraging him away from the school. . • 1 ' 1

Riding on the Footpath.--Alfred Garston pleaded- guilty•■to having ridden on the footpath , in. Albert-street.. . He did it in ignorance of'the law - . 1 'He was discharged without punishment. - — In I)KCExt Language. —Alexander Chapman did not appear to answer a charge of having made use of indecent language in Liverpool-street on the 11th instant. Mr. Pardy asked tho Court to hear the evidence, as the case was a' bad one, and the accused, who was a nuisance to the neighbourhood, had leared out to avoid attending tho Court.

resident in Liverpool- ' : that- dunhg '-the" llast' two years] <1 had caused great i annoyance 1 'his ponduct, .'arid ±he filthy-languagfe he.'l xnade use of.. .He;swas;not fit:to be in any respectable neighbourhood. Mrs. Power gave ,evidence:of> the 1 which Chapman ! had used toward iherself'.iand other:women, • and Mrs. Eyles also gave . evidence. ; rcHis;' Worship inflicted a fine of,£lo;and ..costs,.- or in defaxilt , three months 1 , imprisonmeht .with hard labour. ", V - ■

Damaging TBEES.—Daniel jSlunro, George ! Head alias Biwvn, ' William' Hawkins,'' and Daniel Sterlirig, boj"3 about'l2 years of;age,, Hrere charged -with certain trees' to the extent of £5, .at'thei junction of field 1 and Symonds-street,- a place un(ler the control of the City Council. All except/1 Sterling pleaded guiltyJ It appeared, Mr. 1 Pardy said, that Sterling the worst' of the lot, as he whipped the other boys into the_ -ferees, by which 1 the'b'biighs were broken. ; Henry Lewis, a boy 13 years of age, deposed: : to having been in the enclosure' with' the J de- v ;fendants "on the 6thv Sterling was chasing; the boys '\rath-a whip yp-the .trees, and they' (tumbled down-tlirough the branches. Tiiey broke the' branches'getting \ip the trees anal ; tumbling down' through them. "There were !eight of them'altogether; but only the fpnr ' defendants got. -rip' into the trees; Williaih j i Moore, another laa, 13 years of age, was alsb -called:: Hjs answers-as to the ' nature' of an;''oath iwere very crude and unsatisifactoryj but at length he was swoni.. He [saw. Sterling chasing\the others -up ' the .trees, ' but he' did' not go up himself. Tlie others' were turning somersaults 'off them. Mr. P.-jA.'.'Philips, Town Clerk,, deposed that the enclosure'where the trees' , werb broken at the corner of Wakefield and Symonds-streets was under the control of tlie' ; City Council. Mr. Burgess, assistant shr-' veyor, de'posed.tliat he examined the trees. iThey .were badly injured, .aricl hie: estimated; : the damage at £5. Constable Jones deposed : to . having found the boughs now. in-.Gourtcin: the. enclosure, some; hanging to the trees, r' and the other underneath the trees.: -Mr. Philips said that there were 3000 trees under the control; of the Council, and it was Jim-; possible to keep -\yatch over them. The damage was yeiy , serious, and it would be impossible to get the'trees to reacli maturity; were, not; done to' check thisj rathless damage. His r.lYprship found.Sterling guilty. His Worsliip said that if it was in, his power, he. wijuld order them,to' be flogged ; as it was, he was bound to inflict a fine of o.s, and .lls each for.-iosts, and.each ito pay-2as for tlie damage., lii default of. payment, they 1 would be imprisoned and kept to hard labour for 1 : 1 days.

Charges of Larceny,—-John Buchanan was charged with stealing £20, the property of George'Hulme, in the month of December,' ISSO. Air. Pardy .asked for a remand, as' a principal witness' was too ill to appear in Court. This information would be withdrawn, as the police-were unable' to stantiate it; They would proceed with the next charge,'as Mr. Browning appeared for the defendant. John Buchanan- was . then charged with stealing 4s 3d, the of George Hulme, .on .the :Sth of January..; Mr. Browning then pleaded; not guilty, and Mr. Par^ t applied for a remand till Friday. Mr. Browning ' did not , object, and applied to accused admitted, to 'bail. Bail was allowed to accused, in his own " bond of- £50, and sureties .to a like amount. John! Buchanan was farther charged with feloniously stealing from tlie dwelling of May Haines, Auckland, oil the 25th of December, 1 gold brooch, 1 silver brooch, 4 cigar holders, 3 cigarette holders, 1 pocket knife, 11, pieces of tobacco, arid a quantity of cigars and cigarette's, worth £5, the property of the said May Haines. This case was also remanded. 1 " - •- . : •

. Assault.; —William li. Roth was charged with assaulting Thomas Brister by;twisting his arm, on the Great South Road, hear the Harp, of Erin Hotel. Mr. Browning appeared iEor 'tlie plaintiff,' and Mr., Tlieo:' Cooper for the; 'defendant'. : The prosecutor : deposed 'that on Sunday week : Roth and his wife, Roster and his .and another 1 couple hameii Mr. and Mrs.' Pinch, started from Crowther's with' a vehicle to Mangere and Otahuhu. They had' drinks at several places. .They had a two horse vehicle which they hired at Crowther's. Stafford, Mr. Crowther'p ' foreman, refused to let him have the horsed and vehicle if Roth '.was going, but lie afterwards did let them have them, holding witness responsible for "the turn-out. When tliey' reached the Harp of Erin Hotel, Roth wanted to grasp the reins from him. Prosecutor refused to ; let him have them, upon which Roth grasped "his arm, and twisted it violently. He consulted Dr.-Hooper.as to the hurt he received,; : after he brought, the horses home. Crossexamined:' Roth gave him £1 to pay for the turn-out, but witness had to pay another 10s He did not illtreat the horses, nor did he, notwithstanding the remonstrances of his . wifeand. others in; the vehicle, continue to flog the horses, and drive furiously. It was after the assault the. woman left the trap, and it was not because he was driving so furiously' and endangering their safety that Mr. :Roth tried to take the ; reins from him.' Annie Brister, wife of the. prosecutor, ■ gave evidence of the assault. -Whenßoth twisted her husband's arm, hie made use of the expression ''If you, don't get out, I'll:pitch you out." r Her husband, was perfectly sober,' and capable of taking care of horses, .Her ■husband's injuries were that the sinews-were strained and bruised., .Cross-examined : She : had not remonstrated with her, husband for : the >vay he was driying, 7 but she remonstrated .with, Roth. for annoying Jiim, and tryingYtd take the reins from him. ,Dr. Hooper gave evi-; dence as to the nature o£ the injuries sustained by the prosecutor. The shoulder was swollen, and painful, and he was unable to raise his arm. It was an injury which was likely .to have been- caused in the manner described,,:by" a wrench. It incapacitated him from work.' William Finch also, gave, evidence of the assault, but in cross-examination.he said that he thought Roth was justified in taking the reins, from Brister,'for the. safety of. those in the vehicle.' The women were much frightened, previous, to the assault. Had Brister continued to drive, he believed there would have been an accident. All got- out when the . struggle took place, but when Brister promised to drive more quietly, they got in again. He believed Mr. Roth acted for, the safety of .the rest, and had he not interfered witness would have .'got out. Mrs. Knell gave similar, evidence. She felt timid on account of the. way Mr. Brister \yas driv- j ing from the time tliey left Otahuhu.. He was very excited. Mrs. .Brister caught her husband by the braces to endeavour to keep him in his seat, but the braces broke, and he got out on the splashboard whipping the horses. ' David Stafford, foreman- of • Mr. Crowther's establishment, deposed that he gave Brister the .horses on condition that he would drive them himself. He would not allow Mr. Roth to drive his horses. .The horses had not' been overdriven. They had been well treated. : Mr. Cooper contended that the evidence of Mr.' and Mrs. Finch had proved the defendant's case, and that the information must, therefore, be dismissed. He submitted that no more force was used than was necessary, and .the wrench ' was the result of Blister's own struggle when Roth was acting bond Jide for the safety of those in the vehicle. If His Worship was not' satisfied, that. the. case should be dis-. missed, he would ask that the case be adjourned to obtain ' the evidence of Mr. ■Baker.; His Worship said that he believed Mr. Roth was acting for the safety of himself aiid those with him. The case was dismissed, with costs £2 16s. \