POLICE COURT.—Tuesday.

New Zealand Herald, Volume XVIII, Issue 6054, 13 April 1881, Page 6

POLICE COURT.—Tuesday.

[Before R. C. Barstow, Esq., E.M.] Drunkenness.—Two. persons were punished for ordinary offences. Mary Thunder was charged with being drunk and disorderly. She pleaded guilty, and expressed sorrow for her conduct. r She was fined 10s and costs, or (in default) 48 hours' imprisonment with hard labour. Absooxders. — Edward Poliki, Charles Alcock, and William McManus pleaded guilty to absconding from the Industrial School. Mr. Pardy said the boy McManus had been in the employ of Mr. Robert Lamb. He gave as his reason for absconding from his service that he had been placed to sleep in a loft over a cow-shed ; that the place was infested with rats, and his only bedding was two horse-ruga. If that was true it was very improper treatment for the boy, so he would ask that the boy be sent back to the home in order that the authorities of that institution might inquire into the truth of the statement. His Worship ordered the three boys to be returned to 1;ho Industrial School. A Waif.—Henry MoGee was brought up under the Neglected and Destitute Children's Act. The lad had been sent to service from the Industrial School, but was returned, and Colonel Haultain now desired that he might be committed to the Naval Training School. His Wofship eaid that if the boy passed a satisfactory examination before Dr. Haines, he wouM order him to be committed to the Training School. Indecent Bathing.—Alfred Ellyett, A. Rosser, and A. Wilson, three youths, were charged with indecently exposing themselves at the Breakwater. They admitted the offence. It appeared that they were bathing off the Breakwater near the Wynyard Pier, at about 11 o'clock in the day. They were each fined Is, and 7s costs. Stone-throwing. —Patrick O'Brien, William O'Brien, Lawrence Small, and John Doyle, four boys, were charged with throwing stones in Princes-street. William O'Brien and Small pleaded guily, and the others not guilty. It appeared that the boys had been stone-throwing, and broke the window of the Masonic Hotel. Mr. Pardy said, as the two boys admitted having done it, lie would rest the case with them, and withdraw it against the others. Mr. Whitaker said the damages were £2 7s 6d. The two lads, William O'Brien and Lawrence Small, were each fined Is and costs 38s, including the damages, 24s each, and costs 14s each, or, in default of payment, to be imprisoned for three weeks. Chisixey on Fire.—Robert Kay pleaded guilty to allowing the chimney of his house in Parnell to be on fire, and was fined 3s and costs 11s. - . . .

Sheep Drivikg.—Fredk. Ewington was charged with driving sheep [through the streets at an unlawful hour. Mr. Pardy withdrew the charge against the defendant, as he found he had been only acting the part of a good Samaritan in assisting another to drive the sheep. Of course, the police would proceed against the real offender. Inbecest Assault.—Michael Breen, a youth about 18 years of age, was charged with committing an indecent assault on Louisa Lawry, a girl of 12 years of age, on the 19th of January. The indictable offence was withdrawn, and the charge was laid under a section which enabled the magistrate to deal with the case summarily. Defendant pleaded not guilty. Mr. Pardystated the facts of the case. Louisa Lowry was examined as to the nature of an oath. Mr. Laishley, at this stage, said he had just been instructed by Mrs. Breen to appear, but he knew nothing of the merits of the case, and lie asked for a brief adjournment of an hour to enable him to inquire into the case. The adjournment was allowed. When the Court resumed, Mr. Laishley said that, after conversation with the witnesses for the defence, he came to the conclusion that it was too serious a responsibility to rush into a case of this sort unprepared. He would therefore have to ask an adjournment, and if it could not be granted he could not in justice to his client, or himself, or Mr. Stickley, whose management might be questioned, proceed with the defence. His Worship said that it was impossible to take the case to-morrow,- or scarcely next week. Mr. Stickley was no party to the action. Mr. Laishley said that questions would arise about the management of the school. Mi - . Pardy said that he niust object to the adjournment. He- had witnesses from all parts of the country, and had no means of keeping them here. The case had already been adjourned for the convenience of the accused. His Worship ruled that the case must proceed, and Mr. Laishley then retired from the Court, and the girl was replaced in the witness-box, -j She deposed that she was an inmate of the Industrial School, and remained there when the other children were in Motuihi, in January last. On the day before iihe children came back from Motuihi Breen was : in the school. Mr. and Mrs. Stickley had gone home, just after the boys had their tea. The only girls in the school were witness and Maggie Morris. She went upstairs to put two little girls and a boy, the oldest 5 and the youngest 3 years, to bed, after which |witness went to bed, and Morris

looked out of the window. Witness then gave evidence as to Breen having committed the offence. The accused cross-examined the girl with a view to showing that he had only gone upstairs once that night, and that then he was accompanied by a boy named Rogers. Witness said Maggie Morris, who was frightened, wanted accused to sleep in her and she would sleep with witness in the adjoining room. She could swear positively it was accused who assaulted her. Maggie Morris, a girl of 14 years, next gave evidence. When Mr. Stickley went away he left Breeu in charge. Witness generally corroborated the evidence of the girl Lawry. Francis Rodgers, Alexander McDonald, and William McManus were examined. William Harvey deposed that he had charge of the Home down at the island on the 21st of January (Friday). Went down with some members of the committee and Mr. Stickley, and saw prisoner, and thought h9 was a special friend of theirs. It was from what these little girls said that Mrs. Harvey was induced to report to the committee. John Stickley, formerly manager of the Home, deposed that prisoner was engaged cleaning the Home that day. That evening, about 7 o'clock, he went away, leaving prisoner and a number of boys there. He charged them to be quiet, and not to go upstairs near the two girls, after what had occurred that afternoon. About 7.45, when it was light enough to read a letter on the verandah, a boy came and asked him to go to the Home, as there was a disturbance on. He saw prisoner soon afterwards at the terrace. Had had occasion to reprimand them for racing up and down the stairs, and hanging half-naked out of the window in the afternoon calling for the beys to come upstairs. The girls were dancing in the washtubs with their petticoats up to their knees in the presence of the boy Rodgers and others. The girls had no right in the laundry at the time. If Breeu knew they were there, he had no right to go in there. He employed Breen at the Home, knowing he had been convicted of a felonious assault on a girl, and knowing that these two girls were there, with the sanction of the committee. Brjben was sent down by Colonel Haultain in his own yacht, but witness requested Mr. Barnsley, that if Breen attempted to remain at the island one night, to have him arrested. The girls were not there when Breen was engaged. Breen was employed for the Home, but distinctly warned by himself and Colonel Haultain that he was not under any pretence to go to the island. Mrs. Stickley deposed that she was matron of the Home at the time. The girl Morris informed her that the boys had been up in the room making a great noise. To the best of her belief prisoner was not there, as she saw him going down the road. Dr. Harvey re-called, deposed that he had found the girls truthful, and anxious to do well. Ho never found them guilty of any indecency. The accused then made a statement in defence, to the effect that he only went upstairs on account of the noise the girls were creating. He totally denied the accusation. His Worship found the case proved. It was clear, on the evidence of six witnesses, that he. had gone upstairs to these girls' rooms and locked the door. He had been positively instructed not to go upstairs. He was bound to find him guilty of a breach of confidence and gross indecency. His sentence was that he be imprisoned and kept to hard labour for six months.