LAW AND POLICE.

New Zealand Herald, Volume XXIII, Issue 7567, 20 February 1886, Page 3

LAW AND POLICE.

R.M. COURT.—Friday. (Before H. G. Beth Smith, Esq., R.M.] This Court sat to-day for the hearing of adjourned defended cases, J. Brown v. Ellen Harding.—Claim, £17 3s, for furniture supplied. The defendant entered a set-off of £15 as cash paid to Carl Peters, who was salesman to the plaintiff. Mr. S. Hesketh was for the plaintiff, and Mr. C. R. For wood for the defendant. John Brown, plaintiff, deposed that he was carrying on business as Mallendine and Co. when the goods were supplied, and he had not been paid for them. Crossexamined : Mallendine was his foreman, and Carl Peters was upholsterer and salesman. The latter reported to him that the goods were to be paid for in cash. Harry Brown deposed to fixing up some blinds at the Ocoidental Hotel for the defendant. He knew nothing about a sideboard. Ellen Harding, licensee of the Occidental Hotel, remembered ordering a sideboard, nine windowblinds, a rack, and some brackets. The blinds and the sideboard were bought. She did not see Brown on the matter. Peters said he was the managing partner, and before the things were delivered he asked her for £15, which she gave him in cash, and he said she should have the things in a day or two, By giving him cash in advance he said he had let her have a sideboard which had cost £12 for £9. John Compton was present at the time, and she took no receipt, as she thought the things would be delivered. Cross-examined: She did not know Brown was the firm of Mallendine and Co., and she never had any dealings with him. She gave evidence for the plaintiff against Compton in an action in the Supreme Court, ■ She did not lend the money to Peters, and she had not stated so to any one. She did not say so to Gilmour; if she did she had made a great mistake. She said to Gilmour, "1 gave him £15." Gilmeur asked, "Did Peters let you in for anything." She replied, "1 don't know I have given him £15 for goods that are not delivered yet, and I have not got a receipt for it." That was after Peters had left, so Gilmour told her then. That was six weeks or two months ago. She remembered the Takapuna races, and thought it. was about that time that she paid the £15. Peters Baid he would give her a receipt when the things were sent. John Compton deposed that he held a bill of sale over the Occidental Hotel, and was present during the conversation between Mrs. Harding and Peters in November last. Peters wanted some money, and Mrs. Harding wanted some furniture. Peters did not apper to be willing to bring the furniture until he-got some money, because he (witness) had a bill of sale. He saw the £15 paid. Michael Monaghan, agent, knew Carl Peters, who, he understood, was in trade on bis own account. Mr. Hesketh objected to such evidence, and the witness was withdrawn. John Brown was reoalled for the plaintiff's case, and said he called at the defendant's house in January, when she said she had lent the £15 to Peters, and had got no receipt. He was certain that she used the word lent. Joseph Gilmour, accountant to Mallendine and Co., remembered a conversation with the defendant about Peters leaving. It was the day after the San Francisco steamer left; in January. He told her Peters was supposed to have gone, and she gave an exclamation of surprise and said he had borrowed £15 from her. The following day, in the company of Mr, Brown, she said again that Peters had borrowed £15 from her. Subsequently she told the witness that Peters had called on the day of the Takapana races; said he was hurried for time; could not go back to Mr. Brown's place of business, as he wanted to go for the first race, and she lent him £15. Crossexamined : He was positive she did not say she had given him £15 on account of the furniture. The defendant said, " Oh, my God, he's borrowed £15 from me." Not a word was said about the furniture nor about its not being all delivered. Counsel addressed the Court, and his Worship gave judgment for the plaintiff for th« amount claimed, with coats, £2 19s. D. F. Evans v. George Staines.—Claim, £16 4s for advertising property for sale by auction in the Herald and Star. Mr. Theo. Cooper for the plaintiff, and the defendant conducted his own case, Evidence was given, and His Worship gave judgment for the amount of the claim, and coats £3 4s. C. Kjer v. SooKDP.—Claim £3 4a lOd, for groceries supplied. Mr. W. J. Napier for the plaintiff, and Mr. Theo. Cooper for the defendant. A set-off for doing carpentering work was put in. A considerable amount of evidence was offered for the plaintiff. Judgment wsb given for the plaintiff for 133 lOd, without costs.

POLICE COURT.-Friday. [Before Mr. W. McCullough, J.P.] Fleecing a Bushman.—Harriet Rielly was charged with having no visible means of support. The accused pleaded not guilty. Sergeant Gamble explained the circumstances of the case which led to the arrest of the young woman who, he said, was a prostitute of the lowest kind. Detective Tuohey deposed that he received information yesterday that the accused had picked up a bushman named John Porter, of Aratapu, in the bar of the Clarendon Hotel, and induced him to go to a brothel in Albert-street, kept by a woman named Brady. He went there at two p.m., and fell asleep until seven o'clock, when he awoke, and found his coat gone, and a Savings Bank passbook, which showed £30 to his credit, also £3 in silver and notes were gone, and the accused was missing also. She was a prostitute of the very lowest type, sleeping where she could, and living upon bushmen, and others she could rob. He (Detective Tuohey) had repeatedly been complained to of the robberies, but the police were unable to sheet them home. Her children were mere infants, and had on several occasions been left in the streets, and were taken to the guardroom. Subsequently they were committed to the Home as destitute children. The husband of the accused was now in gaol for committing a murderous assault, and, like the woman, his character could not be painted too black. Sergeant Kiely gave partly corroborative evidence as to the character of the woman. He had known her for two or three years. She had no fixed place of abode, and generally decoyed men away to rob them. He had had frequent complaints made to him about her. Sergeant Gamble said the bushman would have been called but he was not in attendance. The accused said she had no statement to make. Sentenced to 14 days' hard labour.

Alleged Indecent Assault. — George Murphy (Grey-street) was brought up on remand on the charge of committing an indecent , assault upon Martha McManus at Remuera, on February 9. Sergeant Gamble said every inquiry had been made by the police during the remand, but they had been unable to substantiate the statement of,the girl. Under the circumstances, a withdrawal would be necessary. Granted, and the accused was at once discharged. Adjourned. An information, charging George Evans with striking Thomas Fenton with his fist near Remuera on February 13, was adjourned to Monday, on the application of Mr. W. J. Napier, who appeared for - the defendant. Alleged Assault at the Freezing Works.—Francis Avery, an employe at the Freezing Works, was charged with assaulting Ellis Robinson, by striking him on the head and knocking him down and kneeling on him, on February 11. Mr. W. J. Napier, on behalf of the defendant, applied for an remand till Monday, in order that evidence might be procured. The father of the complainant objected, and contended that the case should proceed, as the witnesses were all in attendance. Adjourned to Monday. [Before Messrs. W. MoCuliough and F, L. Prime, J.P.'s,] Row Over Wages. — James Leshman Thornton (carpenter) was charged with assaulting George Weeks, by striking him with a kit containing a bottle, on January 25. Mr, Jackson Palmer appeared for the complainant, who was contractor for the erection of Mr. D. J. McLeod's house in Syiftonds-street, and Mr. Theo. Cooper for the defendant, who pleaded not guilty. The complainant, Allan McKay, and Thos. Rees were examined. From their evidence, it seemed the defendant had been employed as foreman for IS months on contracts, but the oomplainant becoming dissatisfied with his work reduced his wages from lis per day to 108. When paying the defendant at the house on Saturday, January 25, words took place over the reduction of his wages, and the assault ensued. Mr. Cooper addressed the Court at length, contending that it was most trivial case to bring into Court when ; ?here was a civil action brought by the defendant in another Court pending.

' ' , »•• The Bench said they would not impose a fine, but ordered the defendant to keep the peace for three months in his own recognisances for £20 and two sureties of £10 each. Mr. Cooper, asked for time to procure th« sureties. Sergeant Gamble pointed out that the defendant was then in the custody of the Court. Mr. Palmer said he had no objection to time being allowed, a* his client only wanted the defendant restrained. Mr. Cooper suggested to the Bench to bind the defendant over in hi* own recognisance! only. The Bench agreed to this, and ordered the defendant to pay the costs also,' amounting to £4 13s. Larceny of a Swag James Murphy, on remand from February 12, was charged with stealing bag containing a blanket, pannikin, etc., valued at 14a 2d, the property of James Calvert, handcart man, from the bar of the Clarendon Hotel on February 9. The accused pleaded not guilty. Detective Tuohey and the complainant were examined, Sea* tenced to 14 days' hard labour. -