POLICE COURT.—Monday.

New Zealand Herald, Volume XXIV, Issue 7914, 5 April 1887, Page 3

POLICE COURT.— Monday.

[Before Mr. S. Y. Collins, J.P-1 Window Bseaking.— John McCarthy was charged with being drank in Viotoria-atreet, and also with maliciously breaking a window valued at 20s, the property of Andrew Otto, on April 2nd. Accused admitted the first charge. It appears that McCarthy entered the complainant's dining-room in a state of drunkenness, and when ordered out pushed his elbow throngh the window. Fiuea 10s and cost 3 and to pay the damage, or seven days' hard labour in default.

Insulting Language.—Charles OJseowas charged with drunkenness, and also »itn using insulting language towards his wito ; for which she sought that sureties to keep the peace might be granted. After hearing the evidence of Mrs. Oleon, the Bench ordered the defendant to find sureties to keep the peace for six mouths, in his own recognisances of £25, and a surety of a like amount.

Fisticuffs.—George Shannon, a lad, was charged with creating a broaoh of the peace in Kyber Pass Road on Saturday evening. Defendant pleaded guilty. It seemed that Shannon was seen to leave a hotel with another man, whom he struck when he could not get him to fight. Fined 20s and costs, or seven days.

Cheap Living.—Henry M. Cooke, & young maD, was charged with wilfully breaking a window, valued at £5, the property of JBesketh and Aitken, Queen-street, on April 3. The accused waa further oharged with vagrancy. It seemed that the police on duty in Queen street found the window broken on Saturday night. Subsequently Cooke gave himself into custody on the charge, saying that he wanted to be imprisoned. -He had been previously punished for a similar offence. The Bench sentenced the accused to three months' hard labour on the va£»raaoy charge, and a fine of £5 and coats and to pay ihe damages in the other, or, in default, two months. The sentences were ordered to rue consecutively.

[Before Messrs. S. Y. Collins and R. 'Stevenson, J.P/eJ

Drawing a Knife. —Thomas Burns, an A.B. of the ship Lady Jooetyn, was charged with assaulting Henry Rou/ke, by attempting to strike him with a .'snife, on April 4, and on account of hia violent conduct sureties to keep the peace were asked for. He admitted a charge oft ,dr-unkeijnesß, and was fined 10s and costs qt f/orty-eight hours. As there was only one Justice on the Bench, the case was put back 1;ill another gentleman was secured, Mr. De;<roro appeared for the prosecution. Prom the evidence of the complainant and Captain Watt, it seemed that on Suuday the acouefjd was in a semidrunken state, but '/jot ao that he could not understand what he,' wtia about. He got into a quarrel with the criok, and a fight ensued, in which he had a knife in his hand. They were separated with fjrea.t difficulty. Burqa had threatened to do f-or Rourke on the passage home. There 'fiaJ., however, been no previous complaint su gainst the man.* Sentenced to two months' bard labour, and the cost of the prosecution ordered to be deducted from the wages du,s tf > Burns.

Straying, Horses.—Richard Walker, for allowing h\e horse to wander in Wakefieldetreet, ws & fined 5s and costs. John Mon- ! tague, for allowing two horses to wander in Coburg-s irfiei, was fined 63 and costs. Richard Best was also fined 5s and costs for allowing his horse to stray in Wakefieldstreet. Baling at Shelly Beach.—Alexander McL Mtq, Joseph Caldwell, and Arthur Beale wer t summoned for breaches of the Police Offences Act, by exposing themselves in a pviUic place on Shelly Beaoh, Ponsonby, on i roh 9. Dr. Laiahley appeared for the Wye Beale and Caldwell, and pleaded not 1 guilty on their behalf. The circumstances

were these:—The lads, along with five or six others, wore Been bathing about four o'clock in the afternoon. Constable Grahnaa had had frequent complaints made about the practice of bathJDg in view of the public. The street; was close, by, and Annoyance vraa caused to the neighbourhood. Men bathed also, but generally wore trunks on their loins. Dr. Laiehley dwelt at length upon a teohnical error iu the information, and contended that there had been.no obscenity in the can* duct of the lads. The Bench considered 'the case a trivial one, and dismissed It. They, however, considered that the lada should exercise more care as to the time they bathed, and before whorn they undressed. Sergeant Pratt wished to, know whether the Bench considered that the lads were justified in bathing aa they had done, or that the police had exceeded their duties in prosecuting. The Bench simply repeated their ruling that the case waa a trivial one.

Allied Larceny qi Firewood.—Frank Ring, George Brown, and Thomas Dowd were charged with wilfully etealing 19 tons of firewood, valued at £8, the property of William Herbert, at Kennedy Bay, on March. 23. Mr. E. Mahony appeared for the defendants, the prosecutor conducting his own case. From the oircumdtances detailed by the prosecution, it seemed that Herbert was a boshman, and the. defendants were in the same vocation, at Kennedy Bay, being en* gaged in cutting firewood there under con* tract to Mr. Peel, who was a storekeeper, and kept the men supplied with groceries oa account of the wood cut. Herbert and the othere were so engaged in partnership, up ti) January la»t. He sent down a cutter to. ge, , : firewood, but Brown stated that ib had already been removed on an order given by Peel. In defence, it was contended that the partnership was &till in existence and that it was purely a matter of account aa between the partners. It was admitted that firewood had been taken belonging to the partnership and actually two-thirds of the wood claimed belonged to the defendants, William Herbert was examined for the prosecution, and Wm. Pee), firewood dealer, Newton, deposed to the arrangement made between the parties. The Bench ruled that the case had completely failed, and that i$ there had been any grounds for, proceedings they should have been by civil process. The case was dismissed.