LAW AND POLICE.

New Zealand Herald, Volume XX, Issue 6827, 3 October 1883, Page 3

LAW AND POLICE.

SUPREME COURT.—Cjuminal Sittings. Tuesday, Ist October. [Refore Mr. Justice Gillies.] His Honor took hi 3 seat on the Bench at ten o'clock. Wholesale Robbery. — Robert Gelding was arraigned upon an indictment charging him with breaking and entering the premidea of John Giimonr, Syraonds-atreet, and of Paul Louis, watchmaker, and stealing a large quantity of wearing apparel, drapery, watohes, jewellery, &c. Xhe prisoner was called to answer to a third indictment charging him with stealing a watoh from the premises of Mr. J. B. Gilfillan.—The prisoner pleaded -guilty to each indictment.—Mr. Speed appeared for the prisoner, and addreesed the Court in mitigation of punishment, He said the prisoner was regarded as a person of scarcely sound mind; that his associates had been dispersed by his capture, but he had refused to give the names of any of his associates. —His Honor, in passing sentence, said it was evident that the prisoner was not so simple a person as the learned counsel endeavoured tomake appear. The charges were for offences extending over some period of time. It was necessary to award such punishment as would prevent prisoner mixing again with evil companions for a considerable time to come.—Sentenced to three years' penal serviliude. Larceny.—Anne Dohbtjn (23), was arraigned upon an mdictment charging her with stealing from Ann Davis, the wife of

Hugh Davis, a bush contractor, in the house of Mr. Lynch, Shortlaud-iitreet, £7 in notes under the circumstances detailed in the following evidence : —[Mr. H. Williamson appeared for the Crown, Mr. Heaketh defended the prisoner.] Anne Davis deposed that she came from Tairua with her husband, having an order to get cashed ill Auckland. She and her husband took lodging with Mrs. Lynch in Shortland-street. Her husband gave her the proceeds of the order, and both went out shopping together. Witness got to Mrs. Lynch's towards <lhe evening. Mrs. Lynch, the prisoner,, and several children were there. Her husband came in afterwards. Witness when she came in opened her purse to get some money to send for a quart of beer. Prisoner saw her open her purse. There were in it at thattime seven one pound notes and some silver. The Star man passed shortly afterwards. Witness again opened her purse to get the price of the Scar. Prisoner was present at that time. Witness's husband came in and went upstairs, calling her to come after him. When she got the money for the paper she did not return the purse to her pooket. She put it under her on the sofa (sat on it), When she was called by her husband she must,have forgotten it. She remembered it, however, when speaking to her husband upstairs. She told him she'had left her purse downstairs, and that she must go down and get it. She went downstairs, found the purse on the sofa, the silver remained in it, but the seven pound notes were gone. She informed her. husband, and toM him to go ] and get a detective, so that search might be made. Her husband went to the Police Station, and fetched Deteotive Hughes. It was arranged that Mrs. Lynch was to go into another room, be undressed, that her clothing should be passed out to be searched by the detective. Witness went into the room and passed the clothes out to the deteotive, who searched them. The prisoner was to go into the

other room -and to be passed out searched by the detective. She heard the detective say, "I arrest you for stealing £7." He said she dropped a piece of paper which proved to be th<*. not"s.—Catherine Lynch deposed to similar facts. She said sho was very " much put about " by the cccurre ce. The prisoner herself was a lodger, having come to the house only a few days previously .Mrs/Davis bad'tiro children with her, and there were two children belonging to witness in the house.—The witness was cross-ex-amined with great' minuteness so as to show that the children might have found the purse on the sofa, opened it, and the paper (the notes) have fallen out. The Foreman of the Jury examined the witnesses at considerable length as to the number of persons, including children, in the i 'room during the occurrences deposed to ; the relative positions of the several persons ; the size of the room, and the relative positions of the articles of furniture. The object of these questions was apparently to show that the children might have taken out the notes; that the position occupied in the room by the prisoner was inconsistent with the notes falling from her hand.—— Detective Hughes deposed that he was sent for to go to Mrs. Lynch's house. That he suggested the method of search ; that while Lyuch was in the other room he was in a room with the prisoner. His eyes were attentively upon her. He saw her remove the sofa-cover, and a paper fell from the direction of her hand.—The witness was sub* jected to a very searching examination in order to test the accuracy of his observations. He adhered to his statement to the smallest detail.—Mr. Hesketh addressed the jury for the defence, contending that the evidence was consistent with the explanation that the paper (notes) were not in her possession, but dropped on the ficK>r from the sofa-cover by accident.—His Honor having summed up the evidence, the jury, after deliberating an hour and a-half, a.cquitted the prisoner. Fobgery and Uttering.—Annie . Quinn was indicted upon a charge of forging a cheque for £40 on. the 28.h of June. Mr. H. Williamson appeared for the Crown. Mr. E. Hesketh defended the prisoner.—lsaac Coates, of Kirikirixoa, near Hamilton, farmer and contractor, deposed that he knew the prisoner, also her husband, Patrick, and her son, William Quinn. On the 26th, witness paid William Quinn (by. cheque for £3, the balance due to him). Had paid money by cheque to Patrick Quinn, but not since April last. Never paid him a cheque for £40. (Cheque produced.) The witness swore that this document which purported to be signed by him did not bear his signature. The handwriting of the signature was similar, but the hand was much heavier. Witness was met by the accountant and clerk of the Bank of New Zealand, who showed him a cheque for £3 in witness's handwriting. They next showed him the cheque for £40, but that was not signed by him. Witness then gave information to tde police. Cross-examined by Mr. Hesketh, the witness said the prisoner's husband had written to the local papers to the effect that witness was indebted to him. That was untrue. Witness wrote to the papers denying the statement.—J. F. White, accountant of the Bank of .New Zealand at Hamilton, deposed to the chrquefor£3 having beenpresentedand cashed. Witness refused to cash the other for £40, becausethesignaturewas not like the prosecutor's usual" signature. —J. K. E, Hatrick, a draper in Hamilton, deposed that the prieoner came to his shop for two blank chequcs, which he sold her. As a precaution he wrote the name of the person wanting them on the opposite "butt," They were asked, because they were required by Patrick Quinn, her husband. In cross* examination witness believed it was a practice for contractors, to whiuh class P. Quinn belonged, to, deposit cheques upon sending in tenders, which cheques were returned through the Post Office.—Sergeant ,McGovern heard of the prisoner as a person of honesty and straightforwardness.—Mr. Hesketh, in opening the defence to the jury, said the evidence would be that the prisoner could not write her own name, consequently she could not have forged the document, that this cheque was received by her through the post, and as her husbands name was to it she might readily have supposed it genuine.—Heibert Logie, Postmaster, deposed that the prisoner used to deposit and withdraw money from the Savings Bank. Witness had read letters for prisoner. Understood that she could not read or write. She signed with her mark. Never heard anything against the prisoner's honesty.— Archibald Scott deposed that he had frequently read letters for her. He remembered the prisoner bringing him a letter to read for her. It enclosed a cheque for £40. Witness read the letter for her. It was addressed to her husband. She did not know how to act in getting Tfche cheque cashed. He said as it was "payable to bearer" the bank would give her the cash at once. Believed the prisoner could not read or write.—William Fleming gave similar evidence.—Mr. Hesketh contended that it was quits consistent with the evidence that the woman received the letter, being addressed to her husband, who was absent from the district, found the cheque in it, and, without knowing it was forged, presented it at the bank.—H"tr Honor having summed up the evidence, the jury retired to consider their verdict, and after a short deliberation came into Court with a verdict of 41 Not guilty.*' The Court adjourned at twentjF-five minutes to six till ten o'clock on Wednesday morning.

ReJames Daley (Hamilton). —A meeting of creditors was held yesterday iu thiß estate. The debtor was reported to have absconded to San Francisco. He was adjudicated bankrupt last pitting in chambers. Mr. George appeared for the petitioning creditors, Messrs. L. D. Nathan aud Co. The liabilities were set down at £1600, and the assetß at £1200.—Mr. R. K. Davis was elected trustee.

Re S. Lipscombe. —A second meeting of creditors was held yesterday in this estate. The liabilities were set down at £391, and the assets £105. The trustee's report was brought up and read. It appeared that the assets realised only £2G.—The creditors recommended the debtor's discharge.

Re Chas, Edwabd Forder.—A second meeting of creditors was to have been held yesterday in this estate, but no creditois were in attendance. The liabilities were S't down at £141, and the assets £15. The debtor will have to apply to the Court for his discharge under the 184 th section of the Act.

[Before H. G. Seth Smith, Esq., R.MJ Drunkenness.—Two persons were punished for ordinary offences, and John Connor, for a third ofifence, was fined £5 and costs, or in default fourteen days' imprisonment, with hard labour. John Thackeray, who was suffering from the effects of drink, was remanded for eight days.

liAECENT.—Henry Galvin was charged with stealing four pigeons, worth Bs, the property of Thomas lmpey. The accused, a boy about thirteen or fourteen years of age, admitted the offence. His master, with whom he had been for two years, gave the boy an excellent character for integrity and honesty. Sergeant White said the boy had sold the pigeons for 4s to another boy. The lad was discharged with a caution, his mother undertaking to pay the 4s.

Vagrancy.—Win. Dawson pleaded guilty to having no meana of support. It appeared the old man had been sent to Ancklaad by tbe Resident Magistrate at Opotiki, in order that he might be admitted to the Old Men's Refuge, but there was no vacancy at present. Remanded for eight days. Railway Regitl-tjons. —Henry Rees George was charged with refusing to give up his season ticket to be examined, when travelliug on the Auckland and Onehunga railway. Mr. Theophilus Cooper appeared for the defendant, and admitted the fact, but wished the evidence to be taken, as Mr. George considered there was some official tyranny in the case. Mr. George had for years been the holder of a season ticket, and was known to be so by all the guards and stationmasters. He had been frequently informed by the stationmasteT that it was unnecessary to produce the ticket. No doubt he was guilty of a technical breach of the . by-law. These facts were admitted by the prosecution, but it appeared the guard was a new one, and did not know Mr. George. A fine of 5s and costs was imposed. Another Case.—Edward Simpson was charged with travelling on the Anckland and Onehnuga train without having procured a ticket, with intent to evade payment of the fare. The defendant, a boy of about fourteen years of age, pleaded guilty. It appeared that when asked by the guard for the ticket he produced an old one. Mr. Moslem, stationmaster at Newmarket, gave evidence. The boy attempted to: pass through with the pld old ticket, and when he

was detected, ho offered to pay the Witness refused to accept it,«d rtLrtrf that Sh Jk the , manager. The i f^, whe " guardcame round ha wm confused, and landed him this ticket, inatnad of f? [ ln S hl ,™ th /^ e been too late to got a. bckct. The father of the boy addressed the Court, and Mr. Jones (his employer), and to whom he was apprenticed, gave. him ta costs character. He was fined. 10a and

Licensing Act.—William Steel, charged under the Licensing Act with being drunk in Sy moods-street, was fined 10s and costs, f.hia being his second offence. Obstructing the Footpath. — Thomas iSrister was charged with wheeling a coffee stall along tha footpath in Fort-street. Hs admitted the offence, and was fined 53 and.

Chimney on Fibe.-G. W. Friend, against whom a summons had been issued for ailowmg the chimney of his house in Grey-streak to be on fire,, did not appear. , The summons had not been served, the defendant having left the place. Careless Dbivihg and its Dangers. — Edward Sewell was charged with driving at other than a walking pace round the corner of Queen-street and Short land -street. He pleaded guilty. Constable O'Brien stated the facts of the case. It was between see and seven in the morning, .and there were very few people about. Sergeant White pointed out the great danger of this practice. Several accidents had recently occurred, and the police wero now more vigilant than ever.* flis Worship decided to allow the decision to stand over till he heard the other cases. John J acnes Tiemey was* charged then with driving his hansom at other than a walking pace round the corner of Queen and Shortland Streets, He pleaded guilty, but Baid he was almost, although not walk. Constable O'Brien caveevidence. It occurred between six and seven in the evening in this case. Henry Wilson kvans, was charged with driving at other than a walking pace rouod the corner oi .^ ok / nd . Grey Streets. He pleaded guilty, and said he was unable to hold' the horse in. Constable White gave evidence* The boy was riding at a gallop, and did not attempt to pull up, and narrowly escaped a collision with a cab. When asked his name he gave his name aB Wilson, but witness afterwards found it was Evans. The defendant, instead of. trying to pull up, was whipping the horse.—John Fred. Smith, a youth about 16 years, was charged with . driving a horse and express round the corner of Queen and Durham Streete at other than a walking pace.—Mr. Theo. Cooper appeared for the defence, and took exception to the by-law, as being beyond the powers of the Corporation to make. The street traffic was regulated by the by-law No. 1, contained in the 13th schedule of the Act, which was adopted by the Council, and was not altered as provided by section 188,' so vires. It was not within the definition of good government of the borough, and was an arbitrary by-law. It could not be contended that.going round the corner at. other than a walk was necessarily dangerous. The road was primarily for vehicles and tha. footpath for passengers. The driver did slacken speed, but unfortunately he knocked down a little boy, who was hurt, but that should not affect the ruling in this case. Another fact was that the by-law was framed, in 1873, and was only recently enforced. The boy had only been in Auckland for a short time, and was only driving in Auckland for three weeks, and did not know of the existence of the' by-law.' He was going from Queen-street into Durham-staeet at a trot* Two boys were crossing, and he sung out to the elder, whom he saw, to get out of the way. He did so, and escaped, but the little ' boy, whom the defendant did not see, was knocked down, and the wheel of the vehiclewent over bis chest. His Worship adjourned all the cases for a week in order that the legal question might be argued, especially as a decision had already been given in Christchurch that a similar by-law was ultra vires,. Assault.—Charles Kawson was charged with assaulting Henry Laumsley, on board & schooner, by striking him with his clenched fist, knocking him down, and trying to throw him overboard. The prosecutor did not appear, and the case was dismissed. Wife Beating,—Wm. Wood was charged with assaulting his wife, by striking her oa the mouth and knocking her down. The case was settled out of Court.

OTAHUHU R.&f. COURT.—Tuesday.

BANKRUPTCY.

POLICE COURT.—TDSSDAV.

Mr. Thos. Jackson, R.M., and Messrs. H. Hutton and J. Gordon, J.P's.i Drunkenness J. Rae, J. Moran, and John Murphy were each fined 5s and 7s coats for thia offence. Civil Cases.—J. Vugiar v. Wm, St. George j claim, £1210s; judgment confessed; ordered to pay 15a a-month. J. Hall v. M. Luther; claim, £16 15s 3d; judgment for £16 3s; ordered to pay 10a a-month. Same v. J. Boggs ; claim, £7 7s ; judgment sum* mans ; ordered to pay 7s 6d a-month. Same v. J. Thomaeson ; claim, £14 9s ; judgment confessed ; ordered to pay £1 amonth.