LAW AND POLICE.

New Zealand Herald, Volume XX, Issue 6827, 4 October 1883, Page 3

LAW AND POLICE.

SUPRKME COUBT.—Cbiminai, Sittings. i Wednesday, Octobib 3. [Before Mr. Justice Gillies.} His Hoxob. took his seat on the Bench at ten o'clock. n — Richard.Sell and SobeH Oibson pleaded guilty to an indictment charging them with burglary upon a store at Kohukohu, near Hokianga.—His Honor, in passing sentence, said: Prisoners, —You have t>eep found guilty on yonr own confession of burglary. From the depositions it would appear that yonr object was rather to get drink than the commission of a crime with the ordinary felonious intention. As this appears to be yonr first offence, I shall make your sentence comparatively light. Sentenced to twelve months' imprisonment with hard labour.

Indecent Assault. — William Burns (58) was arrainged upon an indictment charging him with an indecent assault upon a child four years o£ age named Lina Cecil, on the 17th of July, in Nelsonstreet. Mr. H. Williamson for the Trown ; the prisoner was undefended. The child being only four .years of age, was held to be incompetent to give evidence, and the proof of the offence depended upon the following testimony : Phoebe Cecil, mother of the child, said that she had been told by a neighbour, Mrs. Jenkins, that the child was coaxed away by the prisoner, and she believed both had gone into a water closet. Witnes3 went to the water closet and pulled it open. She found the prisoner just lifting the child off has--, knee. He tried to go away, but 'witness seized his stick and beat him with it. He cried out that he had enough; that he was an old man, and people had a down upon him. She called a boy, and asked him .to go for a constable. The constable came, and took him into custody.

Mrs. Milly Jeukins deposed that her attention was called to the proceedings of the prisoner by Mr. Andrews, a schoolmaster. Charles Bode Andrews, a schoolmaster in Hobson-street, deposed that he saw the prisoner coaxiDg the child towards the watercloset. He saw the prisoner go in._ The door was ajar. He next saw the prisoner put hia arm out, draw the child in, and close the door. — His Honor having summed up the evidence, . the jury found the prisoner guilty of common assault —The prisoner said it was his first offence. —His Honor, in passing sentence, said that the prisoner had been for twelve years leading a life of vagrancy and dishonesty. Sentenced to twelve months hard labour. Unnatural Offence.—./antes Murphy, 54, was indicted and found guilty of an unnatural offence at Whangaroa on the 27 th of July.—Sentenced to seven years' penal servitude. The evidence is wholly unfit for publication. Robbery with Violence.— Alfred Wright, Wm. Small, David Home, and Michael Ryan were arraigned upon an indietment charging them with .an assault upon John Carroll, at the Pier Hotel, Albert-street, and stealing from hiß person £3 in money. —Mr. Earl defended Home and Ryan. —John Mitchell Walker (detective) deposed that he knew the Pier Hotel, Albert-street (plan produced, made by witness to scale). There is a passage leading along the side of the house.—John Carroll, the prosecutor, deposed that he was a farmer, living in Pukekohe West. He was in town on the 31st July. He got some money (£6 10s) from Mr. Oxley, and some (£2 ss) from W. J. Prime. Witness went to the Pier Hotel between three and four o'clock that day. Had £4 (in notes) and some silver in his pocket. Going in saw Wright and Small in the bar. The other two men were in the room inside. There was another man also, who was not arrested. Witness had a drink. Small asked witness firßt to drink. Witness had some shandygaff with him. Witness returned the treat. There were several shandygaffs, and the time was thus spent until dark. Witness could not remember how many shandygaffs there were, for they were all soft drinks. Witness toon weut into a back sitting-room, to which access was given off the front street. Went in there with Wright, Small, and the other man referred to. Remained there until near eight o'clock. Ryan and Home then came into the same room. Saw Mr. Gallagher, the landlord. He supplied the drink for a part of the time. At about eight o'clo»k witness had occasion to go outside, passing along the passage to the urinal. The

gas inside the house was lighted at the time. Did not remember that there was alight in the urinal. Wright caught witness by the throat, and Small knocked him into the corner. Wright was the person, witness believed, who then took the money from his pocket. He saw Wright come down the passage. Believed Home was one, and was sure that Ryan was one'of the men who came down the passage. Wright called out that he could not get his hand ioto the b 's pocket, which was too small. One man said, "Be quick, boys," but he could not say which one it was. Witness was struggling. Small told witness to keep quiet. Witness said if they wanted to rob him of the few pounds he had, they had. better take it, and not hurt him. The money was gone at that time. Witness lost £3 9s in money. The left side of his neck was painful for some days, and the skin was scratched off his nose.—Cross-examined by Mr. Earl, for Home and Ryan : Witness said that he had been a teetotaller for some time before coming to town on the 31st of July. He was not drunk when he went to the hotel. Ho did not see Ryan and Home with the other two men. He was on his back when he heard the works "Be quick, boys." He saw Ryan and Home coming down the passage while he was struggling, Small's hand being across witness's chest and Wright searching his pocket. Witness did not believe that Ryan had put hands on him. Could not speak as to Home, but a person came and held him by the right leg. All the men then rushed up the passage and disappeared. Witness went into the I house and saw the landlord, and gave infor- ' mation to the police. Got more money that evening, and had more drink. Was locked up by the police for being drunk. The prisoners Wright and Small put a number of questions to the witness for the purpose sf showing—l. That the prosecutor was the worse of drink when he went to the hotel; that there was a great deal of drink there. The prosecutor admitted that he might have spent about 12s in drink; that he remembered playing a game called " Odd man ont." He said prisoners appeared to be cheating, because he lost his money so fast. When asked by the witness whether he said he was not drunk, adding that he had only had some " soft " drink, he denied that he had lost his money by gambling.— Mr. Karl drew the attention of the Court to the depositions in the R.M. Court, where the prosecutor deposed that Home was in the bar. Now he said it was only Wright and Small.—The prosecutor said, in explaining the discrepancy, that Home was in the room. He meant to have said that. Two witnesses named Phillips and Dixon were called, and deposed that although at the house at the time the assault was committed, they heard no disturbance. That when ordered out by the landlord, Wright and Small were the first to go after Carroll went out, Ryan and Home and two other men remained behind. Ryan and Home would not have time to gn from the room where witnesses saw them through the passage and back between the time witnesses saw them in the room and Caroll coming back after the assault.—Mr. Earl in defending the prisoners Home and Ryan : —l. That the prosecutor must have been the worse for drink after four or five honrs drinking. 2. That he was mistaken as to the men in the bar when he entered the house was proved by the discrepancy in the depositions. 3. That prosecuter was not able to speak to Home's participation in the assault at all. 4. That, as regards Ryan, the prosecutor merely saw him at a distance, and expressed a belief that it was Wright who robbed him, but that Ryan did not lay hands on him at auy time.—His Honor having summed the up evidence, the jury found Wright and Small gnilty, and acquitted Home and Ryan, who were discharged.— Sentenced deferred until Thursday morning BANKRUPTCY.— Meeting of Creditors Re Richard Rhodes.—A meeting wai held in this estate yesterday, in the Supremi Court building. The debtor was describee as a bootmaker, carrying on business a Tauranga. The liabilities were set down a £265, and the assets, consisting of bool debts, interest in leases, &c, £442. Mr Bennett was elected trustee. Re Thomas Kelly A meeting of credi tors in this estate was held on Tuesday. Th debtor was described as a hotelkeeper at th Wade. The liabilities were set down a £390. The chief asset was the hotel, whicl is mortgaged for £350. The debtor oflere ,5a in the pound, which the creditors presen

agreed to accept, subject to the assent of the majority of creditors, representing number and value. Mr. Dnfaur appeared for toe debtor, and undertook to see the creditors not present with a view to obtaining their assent.

POLICE COURT.—"Wednesday. [Before H. G. Seth Pmith, Esq., R.M.] Drunkenness. —One person was punished for a second offence. Indecent Exposure.—Mary Walsh alias Hamilton, wa& charged with being drunk, and further with obscenity in a puolic place in Victoria Quadrant. She pleaded guilty to the first charge, but said she knew nothing of the secuud. Detectives Hughes proved the offence. It was a very groba one, and the prisoner was sentenced to twelve months' imprisonment. Patrick Carroll was charged with obscenity in Victoria Quadrant, and with having been previously convicted as an idle disorderly person. He pleaded guilty, and was sentenced to twelve months' imprisonment with hard labour. Obstructing the Police.—John Mcintosh, who was charged with being drunk, was also charged with obstructing Detective Hughe3 in the execution of his duty, be admitted the first charge, but did not recollect the second, as he was drunk. Detective Hnghes gave evidence. The prisoner interfered, and when witness arrested Carroll and Hamilton, and enabled Carroll who was sub seqaently arrested, to escape. He was fined £l,'or in default 14 days' imprisoument with hard labour. Habitual Drunkenness. —Robert Leary, an old offender, was charged under the Vagrant Act with being an habitual drunkard, having been three times convicted of drunkenness during the preceding twelve months. He pleaded guilty, and was sentenced to six months' imprisonment with hard labour.