LAW AND POLICE.

New Zealand Herald, Volume XXII, Issue 7223, 12 January 1885, Page 3

LA W AND POLICE.

SUPREME COURT.-Criminal Sittings. '".* Saturday. [Before His Honor Mr. Justice Gillies.] Fobgeby.— lsaac Rout was charged with forging the name of Margaret Clark to a consent to the marriage of a minor, Lucinda Clark. Priaoner pleaded guilty.Mr. Theo. Cooper appeared for prisoner, and addressed the Court in mitigation of punishment. The prisoner had previously borne a good character, and he was prompted with a desire to act honourably to the young woman, and the parents were willing to give their consent to the marriage.—Bis Honor said he had given a great deal of consideration to the case, and he found it difficult to determine what punishment to inflict. His Honor reserved judgment and bound prisoner over in one surety of £20, to appear for judgment at the next criminal sessions of the Court. Burglary. Young was charged with breaking and entering the store of Patrick John McGpvern at Rußsell, on the 2Sth October last, and stealing a number of bottles of liquor. Prisoner pleaded not guilty.Mary Ann Morgan, Patrick John MoGovern, William Saunders, James Dearing, and Constable MoGilp were examined. —The jury without retiring returned a verdict of not guilty and prisoner was discharged. Larceny. — Michael Kelly was charged with stealing a silver watch, Albert chain, and gold locket, the property of L. B. Marriner, at Mangawhare, on the 12th October last.—Prisoner pleaded not guilty. —Mr. Hudson Williamson conducted the prosecution, and Mr. Theo. Cooper defended prisoner. After hearing the evidence the jury returned a verdict of guilty. His Honor sentenced prisoner to nine months' imprisonment, with hard labour. Indigent Assault.— Abram Ridings was charged with committing an indecent assault upon Thomas A.-fluband at Maungaturoto, on the 27th July last. Prisoner pleaded not guilty. Mr. Hudson Williamson, Crown Prosecutor, appeared for the prosecution, and Mr. Theo. Cooper appeared for the defence. Before the empaunelling of the jury, His Honor asked Mr. Williamson whether he thought from the depositions that an offence was disclosed; and if not, whether he thought it was worth while occupying the time of the Court proceeding with the casr. Mr. Williamson replied that he did not think so ; that he was surprised to find that the Grand Jury had brought in a true bill in the weakest of the three cases. His Honor concurred in the last remark.—Mr. Williamson then suggested that the jury should be empannelled and the principal witness put into the box, and that he be asked if he offered any resistance to the prisoner, on the occasion ; if the witness said he did not offer resistance, that a verdict be returned of not guilty.— His Honor assented, and the jury were empannelled.—Thomas A. Huband, aged 19, was then sworn, and in answer to a question, said he did not offer any resistance on the-occasion in question, although he did protest on a subsequent occasion. — His Honor, addressing the jury, said they had heard the evidence of the prosecutor—that he offered no resistance to the prisoner. Under the circumstances it was his duty to tell them that no assault in law had been oommitted, and that they had no alternative but return a verdict of not guilty. The jury without retiring returned a verdiot of not guilty. His Honor, addressing prisoner, said he had been found not guilty simply because the'witness offered no resistance; but this did not make his actions any the less indecent. • Prisoner was then discharged. . Assault.— Robert Reid was charged with unlawfully wounding a seaman on board the ship Lady Jocelyn on the 31st December, ■ 1884, Prisoner pleaded not guilty.. Mr.. Hudson Williamson conducted the proseou tion, and Mr. Jackson Palmer defended prisoner. It appeared that on the night in question prisoner and Smith had a quarrel on board the ship, and prisoner drew a sheath knife and stabbed prosecutor twice. The jury. returned a verdict of guilty, and His Honor sentenced prisoner to nine months' imprisonment, with hard labour.His Honor was glad to say that the use of the knife was rare amongst British sailors. He commented strongly against the practice, The Court adjourned to ton o'clock on Monday (to-day). POLICE COURT.—Saturday. [Before H. G. Seth Smith, Esq., R.M.] Drunkknness.—Murdoch McLeod, for a second offence, was fined 10s and costs, or forty-eight hours' hard labour. Thomas Kinneer was similarly dealt with. Fred. Mayo, for a third offence, was fined £5 and costs, or fourteen days' hard labour. John Smith, alias Elkin, for a second offence, was fined 10s and costs, or forty-eight hours' hard labour. Industrial Schools Act. — William Simons, an orphan about five years of age, was ordered to the Howe-street Home on the application of Sergeant Pratt, and brought up in the faith of the Church of England. . Mrs. Hutchison deposed that'the boy had been adopted, but the father had gone to sea, and the mother was unable to support the lad, who had passed through the Salvation Army Home. Assault.Thomas Brister was charged with assaulting Daniel Campbell, at Auckland, on December 26. The plaintiff applied for an adjournment owing to unavoidable absence of his solicitor. Mr. Cotter, on behalf of defendant, opposed, unless : costs were allowed. The summons- was -only I served late on Friday afternoon. Adjourned to Tuesday, and the costs, 325, ordered to be paid. .■'.,■■.. Cruelty to a Montague Marks was charged with a breach of the Prevention of Cruelty to Animals Act, by allowing >» horse to be worked when suffering from a sore shoulder, on December 31. Defendant pleaded not guilty. Mr. E. T. Dufaur appeared for the Society for the Prevention of Cruelty to Animals, and explain id the circumstances. William Redgate, Inspector, deposed that defendant had worked the horse with a sore shoulder, and in its present state was unfit for work. The witnesi was cross-examined by defendant to show -that the horse was fresh from grass, and had only been worked for ; d-y. Constable McLellan saw the horre at the time the . Inspector examined it, It had -aw patches under the

collar. The defendant explained for big defence that the horse had been out to gran, at Onehuoga. had been brought in on Wed neaday, the 30th nit., had only been worked for that day, and on the following morning it was examined 'by the Inspector." He called his driver and Joseph Poison, coal merchant, who deposed to similar circumstance*. The latter witness considered the hone quite fit for work. The defendant declined to give evidence. The Inspector was ' re-called, and said the sore had been scalded and the soab broken off when he saw the animal. A fine of 20a and costs, £213 a, was imposed. OTAHUHTJ R.M. COURT.—Friday. : [Before Mr. Thos. Jackson, 8.M., und Messrs. 0. Tisdail, H. Hutton, and Jno. Gordon, J.P.'s.] Drunkenness.— John Cady was charged with this offence, and dismissed with a caution. 'J. McCarthy was charged with *> similar offence, and fined 5s and costs. Annoying the Public. —S. Macgonagle, D. Hogan, J. Taylor, M. Lenihan, Jas; Moran, D. Smith, and M." Smith, were charged with a breach of 24 sub-section of section 3, of the Police Offences Act, by beating tu- cans in a public place, to the annoyance of the inhabitants, on the night of the 3rd inst. Macgonagle and Taylor pleaded guilty. The charge against Lenihan waa withdrawn. The case of Moran waa adjourned till Monday next. The evidence proved that the others were guilt}' in a greater or less degree. Macgonagle, Taylor, and D. Smith were fined each 10s, and 9s costs. D. Hogan and M. Smith were fined 20s each, and 9s costs, or fourteen days with hard labour. Civil Cases.— Brown v. Jas. Bainbridge : Claim, £1 10s for a week's wages. The defence was, that the plaintiff left suddenly, without giving any notice. The plaintiff was in receipt of 30s per week, a free house, and grazing for two cows and a horse., The plaintiff said he was hired by the day, bnt after hearing the statement of the defendant as to the house and cows, the Bench decided that the engagement was a weekly one, and that notice should have been given. Judgment for defendant, with costs. Slaughterhouse Licenses.—Messrs. Jno. Hall and J. Jackson, butchers, applied for a license for their respective slaughterhouses, which were granted, with the usual conditions.