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LAW AND POLICE., New Zealand Herald, Volume XXIII, Issue 7606, 8 April 1886
LAW AND POLICE.
• SUPREME COURT.—Criminal Sessions. Wednesday, April 7. [Before His Honor Mr. Justice Gillies.] His Honor took his scat at ten o'olock. Horsk-stkalino,— llauralcl (19), a Maori, was arraigned on an indictment charging him wich stealing a bay gelding, the property of Jainea Cooper. Prisoner pleaded guilty. Mr. Theo. Cooper appeared for prisoner, and addressed the Court in mitigation of sentence. Prisoner asked the Court if he ! could not make money paymeut for the offence His Honor replied in the negative. In delivering ee.itimce, His Honor said it was a great pity that the magistrate did not deal with' this case summarily. The magistrates seemed afraid in the country diatricta to take the responsibility. A great deal of expense would have been saved to the country in dealing with the matter summarily. In consideration of the circumstances he would make the punishment as light as possible. Sentenced to four months' imprisonment with hard labour. Forging and Uttktung.— Richard Arthur Morell and Samuel Jo-lui liohinson McMcekin, were arraigned on an indictment charging them with forging aud uttering a savings' bank receipt oa 16'h January last. Morrell pleaded not guilty to forging or uttering, but he admitted taking the bankbook. He admitted that he was present when the money i was handed over, and that he participated in the receipt of the money. This was taken as a plea of guilty. McMeekin pleaded not guilty. Mr. Hudson Williamson (Crown Prosecutor) conducted the prosecution. Frederick George Masters, accountant; Charles Carter, cellerman VVaverley Hotel ; Bessie Pryke, servant; William L. Walton, teller Post Office Savings' Bank ; Samuel B. Bias, Chief Postmaster, Auckland ; William Beswick, clerk in charge Post Office Savings Bank; Constable McLellan, Detective Tuohy. Prisoner McMeekan. in explanation, aaid Morell told him his name was Masters, and induced him to sign "F. G. Masters" to a bank receipt, on the plea that his (Morell's) hand wa3 sore. MoMeekan had only casually met Morell at a boardinghouse a few weeks before. Hie Honor summed up. The jury returned a verdict of guilty. There was a second charge of forging and uttering against these prisoners. In regard to this charge the Crown Prosecutor said as a conviction had been obtained to the first charge, he would enter a nolle proaequi in the second case. Morell was sentenced to two years' imprisonment with hard labour. McMeekan was sentenced to eix months' imprisonment with hard labour. Larcbny.— Charles Hmrij William North was arraigned cm an indictment charging him with stealing sixteen pyramid billiard balls, the property of Thomas Quoi, on the 31st December last. There was a second count in the indictment charging prisoner with receiving the stolen property. Prisonor pleaded not guilty. Thomas Quoi, boarding-house-keeper, Victoria. East; John Bloom, pawnbroker ; and Detective Tuohy, were examined. Prisoner pawned the billiard balls,, • At the Police Court, after being cautioned by the magistrate, prisoner denied having stolen the balls, but admitted receiving them. Prisoner called a witness named Margaret Way, boardinghouse keeper, Queen-street Wharf, who deposed that prisoner was working for her on December 31 last. On that day a man came to see him, but abo did not see the man give the prisoner anything. Prisoner made a long statement in defence. He said he received the balls from a man named Lee, and he wrote from gaol to Detective Tuohy •eking him to arrest Lee. Detective Tuohy said he received the request, but on making inquiries he could find no grounds for arresting Lee. He believed that there was no truth in the statement. The jury returned after the adjournment and brought in a verdict of guilty of receiving. Hβ was sentenced, as this was his first offence, to be imprisoned and kept to hard labour for nine calendar months. Forging and Uttering.— Ambrose Bearpark was arraigned on an indictment charging him with forcing and uttering a Post Office Savings Bank receipt on the 31st ult. Prisoner admitted receiving the money by means of the book and receipt, but he said the book was given to him by another person to draw the money. The plea was taken as one of not guilty. Mr. Williamson was about to opeu the case when His Honor asked whether there was any necessity for evidence as the prisoner had pleaded guilty? Mr. Williamson paid he would confine tho evidence to showing that the accused had not authority to draw the money. John King, labourer, Kemuera, had worked with prisoner, and prisoner visited him on tho Sunday before he missed his savings bank deposit book. The prisoner had aaked him what money he had in bank, what bank, and whether all could be drawn at the same time. He told him he had £26 in the bank, but had drawn some. This was prior to Wednesday," 31st March, when he missed the hook, ami ou applying at the bank he found the money, £24 7e lid, had r been drawn, lit reported the matter to the police, and found the accused between eleven and twelve o'clock the same day. \ detective was present, and accused him of taking the money, but he denied it. They went to the bank, where they were shown the receipt produced. The signature was not witnesses, and he never gave prisoner authority to draw the money. He denied being in the bank. The witness was cross-examined. Jamea Muir Barr, cashier of the Auckland Savings Bank, deposed to the accused presenting himself at the bank with the book, ami saying that he wished to draw the money and close the account. He wrote a receipt* for the amount £24 7s lid, and signed it "John King." He was paid in four £5 notes and four single notes (i. 1 on the Bank of New South Wales), and the balance in silver. George Squirrel and Detective Herbert also gave evidence. The prisoner called no wituefises, but nwlo a statement to the effect that the book was given to him by another to obtain the money for him. The jury, without retiring, returned a verdict of guilty. Sentenced to two years' imprisonment with hard labour. Larceny.— Patrick Glccson, a mere youth, was indicted on a cha/go of larceny of a pair of binocular glasses, box of paints, &c, the property of Messrs. Paul and Fripp, architects. He pleaded not guilty. The facts of the cases against this youth have already been reported at considerable length. Carrick Paul (one of the partners in the firm of Paul and Fripp], George Goldsbro , (a clerk in the offices of the firm, Louis Lyons) Levy, a dealer, to whom the lad had offered to sfll the property), gave evidence. Albert. Berger (jeweller, Vic-toria-street, in whose employ the accused had been), deposed to his having brought some brushes and wire to the shop on the 17th or 18th February. Detective Herbert also gave evidence. Prisoner had previously been arrest«d by Constable Hansen. The prisoner did not address the jury. The jury, without retiring, brought in » verdict of guilty, with a recommendation to mercy.— There was a second charge preferred against the prisoner of breaking and entering and stealing a quantity of paints, brushes, and tools from Mr. McKinley's, of Elliottstreet* He pleaded not guilty. A fresh jury was empanelled, and Mr. Williamson- opened the case. John McKinley (who made an affirmation in lieu of an oath) identified the property produced. Richard Robinson A/artin, assistant to Mr. McKinley, gave corroborative evidence. John Henry Davis, clea.er, in Hobson-street, deposed toayoutb, who he believed to be the prisoner, coming to bis shop with the goods produced for sale. lie said his mother had sent him to sell them. Witness asked him what his mother told him to get for them, and he replied as much an he could, so witness gave mm half a crown and told him if his mother was not satisfied she could have the articles back, as he would keep them for her. Constable Hansen, who arrested the prisoner, also gave evidence. The prisoner did not crossexamine any of the witneeses, and otfereJ no evidence. His Honor briefly submitted the case to the jury, who, without retiring, brought in a verdict of guilty. In reply to His Honor as to whether anything was previously known of the prisoner, Mr. Williamson said that, so far as the police knew, he appeared to be wild and unmanageable, but if His Honor remanded him he would cause inquiries to be made. His Honor remanded the prisoner for sentence until next day. His Honor said that if some settler would come forward and take him into his service he would be willing rather to bind him over to come up for sentence than to send him to prison. He had known of » boy wl/o had been sent to Kaipara under similar circumstances who had turned out very well. . , - The Court then adjourned until ten o'olock this (.Wednesday) morning.
POLICE COURT.— Wednesday. [Before Motsrs. W. Duncan and J. P. King, J.P.'e. J Alleged Rescue of Impounded Cattle. —■ Kobert Millan (Pakuranga) surrendered to his bail upon a charge of reeouing a cow and a calf from the possession of Edward Fitzpatrick, who was taking the cattle to the pound at Pakuranga on March 25. Mr. Theo, Cooper, who appeared for the prosecution, said he could not understand how a warrant had been issued for the defendant, as the prosecution were not aware of it. It wae through no fault of the proseoution. He (Mr. Cooper) felt himself bound to make some recompense to the defendant for the position he had been pieced in. All he could ask the Court to do would be to withdraw the charge, as it had already been before the Court on a previous occasion. The Clerk of the Court (Mr. Cunningham) pointed out that it was through no fault ui hie that the warrant had been issued. Mr. Cooper said he did not wish to impute any blame to Mr. Cunningham. The Bench remarked that there did not appear to be anything of the kind. Mr. Cunningham produced the charge-sheet of Friday, April 2, when the case waa first called on. The endorsement was •' No appsaranco, warrant to issue." Bergeant Pratt eaid it was only the duty of thj police to execute tho warrant when issued. The Bench then granted the application for the withdrawal of the charge. Drunkenness.—ODe inebriate was fined in the usual ainonnt for a tirst offence. Indkcent Language.—Margaret Freak (Ponsonby) was charged with using indecent language in Jervois Road, Ponsouby, on March 29. Mr. E. T. Dufaur pleaded guilty on behalf of tho defendant, and asked for the leniency of the Court, as the offence had occurred through drink, and he also stated that the defendant had joined the Blue Ribhon Army. Sergeant Pratt said the case was rather a bad one. Robert Freak, husband of the defendant, waa examined. Ordered to rind a surety of £10 to keep the peace for six months. JSekjhbodk's Qctarkkl. —Ellen Hutchiuson (on summon*) wai charged with using threatening and provoking language to Nicholas Soott, by threatening to cut him in two with a shovel on April 3. Mr. A. Brock appeared for the prosecution, and Mr. C. E. Madden for the defendant, who pleaded not guilty. Nioholus Scott, fisherman, Lome-street, Mary Breen, and Theresa Scott, daughter of the complainant, were examined for the prosecution. The last witness said she Warded off tho blow when tho defendant was going to strike her father with the shovel. The defendant and a. lodger named John Rettalick were examined for the defence, which was a complete denial, and that assaults had been frequently commited by the complaiuant and his daughter by throwing water and brickbats into the defendant's house. The Bench said the defendant had no right to take the law into h r * own hands, and ordered her to lincl a surety in £25 to keep the peace for six months. The costs amounted to £3 4n.
LAW AND POLICE., New Zealand Herald, Volume XXIII, Issue 7606, 8 April 1886
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