LAW AND POLICE.

New Zealand Herald, Volume XXIV, Issue 7904, 24 March 1887, Page 3

LAW AND POLICE.

; SUPREME COURT—Criminal Sittings. j Wednesday. \ [Before His Honor Mr. Justice Ward ] ; Pkbjury Cask.— William Conrad (a Maori), was charged with perjury at Mangonni. Mr. Gover appeared for the Crown. Mr. Theo. Cooper appeared for the prisoner. After the indictment, which was very lengthy, had been read, Mr. Cooper said that before the prisoner was called upon to plead he proposed to move the Court to quash the indict' inent. He submitted that a necessary ingredient in an indictment for perjury was that it should disclose jurisdiction in the justices before whom the false oath waa alleged to be taken. In this instance the perjury was assigned upon evidence given in an information alleged to have been laid under section 6, subsection 3. of the Police Offences Act, 1884. The information was set ont in the indictment, and charged one Wi Hongi with unlawful trespass. The offence under the statute was "wilful" trespass. The omission of the word " wilful " was fatal, and the presence of the word "unlawful" did not cure the defect. There was no offence known to the law as "unlawful trespass." It followed, therefore, that the alleged false oath was taken coram non ad ice, and perjury could not be laid in relation to it. fie quoted authorities to support his argument. Mr. Gover asked for time to reply, and in order to examine the authorities cited. His Honor granted a quarter of an hour. At the expiration of the time Mr. Gover stated that he had examined the authorities oited by Mr. Cooper, and, with the exception of one (Mason v. Carpenter), he could not distinguish them. He must leave the matter in the hands of the Court. He asked, however, the Court to amend the indictment. The information itself really contained the word wilful." His Honor said amending the indiotment meant inserting an offence where no offence existed, if Mr. Cooper's contention were sound. After considering the authorities, His Honor held that the objection taken to the indiotment was fatal. The omission of the word " wilful" was a fatal omission, and the indiotment on the face of it showed that the oath was coram non judice. He must quash the indiotment. Mr. Cooper moved for the prisoner's discharge. His Honor granted this, intimating to the prisoner that he had escaped trial through the ingenuity of his counsel, and telling him that perjury was a serious offence, and if he was convicted of the charge he ran the risk of heavy punishment. The prisoner was then discharged. This concluded the business of the criminal sessions, CIVIL SITTINGS. After the adjournment, the Court proceeded with the business of the civil sittings at two o'olook. Ernest John French v. Jaceson Keddell.—The claim was for £333s lid, amount of judgment recovered in the Resident Magistrate's Court, Coromandel. Mr. Alexander appeared for the plaintiff, and Mr. Burton for the defendant. Mr. Burton said his client bad agreed to pay £5 a month, which had been accepted by the other side. Mr. Alexander expressed his consent on behalf of the plaintiff, and judgment was given accordingly, Robert Johnson v. George Cane*—The claim was for the possession of land. Mr, Mahony appeared for the plaintiff, and Mr. Cotter for the defendant* Judgment was confesssd, and oosts granted on the lowest scale. John King v. James Niccol.—The olaim was for £37 18s, amount of a dishonored promissory note and interest. Mr. Hugh Campbell appeared for the plaintiff. The plaintiff produced the promissory note, and stated that the whole amount was due to him. Judgment was given for the amount of the note, £24, and interest at the rate of 8 per cent., with costs. Divorce Case.George Broadfoot, petitioner Elizabeth Jane Broadfoot, respondent; and William Atwell, co-respondent. In this ease Mr. Mahony moved that the decree nisi be made absolute. The application was granted. The Court adjourned until ten o'olook next morning. POLICE COURT.— Wednesday. (Before H. G. Seth Smith, Esq.. K.M.] Neglected Girl.Mary Jane Lett (13), the young girl found in the brothel in which the unfortunate young man Ay res committed suicide, was charged with being a neglected' and- destitute child. Sergeant Pratp explained the circumstances, which are al* ready well known, and stated that the Rev. W. Tebbs had offered to gate her admission to Mrs. Cowie'a Women* Home, Parnell, where the girl would 6e well cared for, and her old associations broken off. Detective Hughes gave evidence in regard to the oharaoter of the; girl's parents, and that she had been found in the brothel of Ellen MoGarry, in Grey-street. Mrs. Gamble, a neighbour, said the girl's mother was at present in the Hospital. The girl's age was thirteen, and her patents were Roman Catholics. The Rev. W. ,"»3bbs, who was in Court, pointed out that * "he was unaware of the girl being a Roman Catholic, and he had just learned thai there was a vacancy in the Ponsonby Home, therefore he did not wish to proceed "further. His' Worship committed the girl to the Ponsonby Home, till she had attained the age of fifteen, and to be brought up in the Roman Catholic faith. Shop-lifting.— McDonald (well known to the police) was charged with the larceny of six kits, valued at 2s, the property of Ellen Dawson, Evidence went to show that the accused had entered the complainant's shop in Grey-street, and the kits were missed. He Was arrested by Detective Hughes in the Anchor Hotel. Sentenced -to six months' imprisonment with hard labour. Painful Caroline Best, a respectable young woman, was chareed with stealing a locket belonging to Mrs. Poison, at Surrey Hills. As the complainant had no desire to pre A the charge against the accused, who had beta a servant in her house, His Worship cautioned the young woman, and, an it was her first offence, dismissed the large. / OTAHZJfIU R.M. COURT.—Wednesday, March 23. tßafor» Messrs. Trios. Jackson, R.M., H. Hutton, S. Luke, J. P.'*.] i Assault.— David Grace was charged with I antral ting Joseph Martin by striking him on 1 the/ace and knocking him down, on February 21i<t last, at East Tamaki. Aftsr hearing | a/good deal of evidence, the case was diaI t?fi ised. / <:ivil Cases.—Dr. Krson v. Theo. W. Hickson, olaim £13 6s, for medical attend, ana The defendant did not appear. Mr. W. R. Franklin appeared for plaintiff. Judgment by default for amount claimed and costi i. Several other cases were settled out of co, urt.—[Own Correspondent. ) PUKEKOHE R.M. COURT. Tuesday, March 22. JBefore Titos. Jackson, Esq., R.M.. Messrs. W. I*. Wright, A. Crisps, J. H. Wright, J.P's., and subsequently J as. RoulstoD, the new Justice.] New Justice,—Mr. James Roulston took the usual oath of office, and his seat on the Bench as a J. P. Licensing George Keogh pleaded guilty to refusing to leave the Pukekohe Hotel when requested to do so. Fined ss, being a first offence, and costs 14$. John McCullough was (similarly charged. He pleaded not guilty. In this case, which took p looe on Maroh Bth, the evening of the Agricultural Show day, McCullough and Keogh were together in the hotel. Having spoken to young Mr. Pulling, the publican's son, about getting beds for the night, he told them that ail the beds in the hotel were ocoupied, but if they wished a bed he would give them up his own. But it seems this arrangement id not please, and when, further on in the evening, they were requested either to go to bed. or go home, they refused to do either, consequently the constable's services had to be brought to bear to ejeot them from the house. After a very lengthy hearing McCullough was convicted, and fined 10s, costs lis, with a caution from the Bench. Civil Cask.— Starnes v* Edward Hunter: Claim, £3 10s, for goods delivered. Judgment for plaintiff, costs 12s. This being all the business, the R.M. Court waa adjourned till April 19, 1887.—[Own Correspondent.]