LAW AMD POLICE.

New Zealand Herald, Volume XXIV, Issue 8090, 3 November 1887, Page 6

LAW AMD POLICE.

POLICE COURT.— Wednesday. [Before H. C. Baddalej-, Etq., R.M.] Dbc>'KKNNKss. — Bridget Weston was charged with being drunk. As it wa accused's third offence, she was sent to gaol for fourteen days. , , Larceny.—Francis Small was charged with stealing a quilt and feather pillow, valued at 20s, the property of Samuel Clegg, on the 16ih July. Samuel Clegg deposed that prisoner had been in the habit of frequenting his house, and on the 16 th July he missed the articles mentioned. Accused had spoken to him about the things, and had promised to return them. He had given witness the pawn tickets, and had promised to redeem the goods. By acoused : I did not tell accused to pawn the goods for him. "You had taken them and pawned them about the 10th July, and I redemed them and said nothing about it; but yon stole them a second time." By the Bench : He had allowed the goods to remain since July in pawn, in order to give the accused a chance to redeem them. Sydney Asher deposed to the pledging of the goods, but could not say that it was prisoner who had pawned them. They were pledged in the name of Samuel Clegg. Cleg? had come to ask witness whether it was himself or Small who had pawned the goods. As there was a doubt about the person who had taken the goods to the pawn shop His Worship discharged the prisoner. Breach or the Railway ReacLATioss. — Mark Woodward was charged with a breach of the railway regulations by driving a horse and cart, on the 26 th October, over a level crossing when an engine was within a quarter of a mile. Mr. C, E> Button appeared for the defendant, and pleaded not guilty, and Mr. Theo. Cooper prosecuted on behalf of the department. Mr. Cooper stated that there would be no question as to the driving across, and the fast that the engine and train were close to the crossing at the time, in fact the cart had struck the van and defendant's horse had fallen, and an accident, probably entailing loss of life, was vary narrowly avoided. The defence would be that there was no wilful intention, bat the onus of looking out for the train was always thrown upon the driver, and as the engineer had ; blown a whistle, and there were warning placards posted, this was no excuse. Henry McVeagh, guard of the train on the clay in question, deposed that the crossing was about a quarter of a mile from the Mount Albert Station. The whistle was sounded at the station, and also about 150 yards distant from the crossing. There were two carts, one of which got across, but the other just stopped about a foot or so from the rails. Witness put down the brakes, and as the train passed the van touched either defendant's horse or the cart. Thomas Campbell, enginedriver, confirmed this evidence. By Mr. Button : The road at the crossing was enclosed by a high bank and a stone wall, which prevented a view of the engine approaching by any driver on the road until he was right on the crossing. Mark Woodward deposed that on the day in question his son was driving across this road, about four chains in front of witness. His son crossed the line, and had got about two chains distant. Wheu witness was just at the line his son signalled to him with bis hand, and he immediately pulled his horse sharp back, and the train rushed past. The engine did not whistle at all. Alexander and Frederick Woodward and Samuel Bray gave confirmatory evidence, and John Phillips and Thos. J. Harbutt deposed to the dangerous nature of the crossing, and the impossibility of seeing along the line of rails until right upon the railway. His Worship said there was no doubt that the crossing was a very dangerous one, and should be altered and improved. He thought, however, the case had been proved, and that the defendant had been somewhat negligent. He would, therefore, fine him £1 and costs.

Alleged Kefctsiso to Pay Wages.— Thoa. Taylor Maseneld was charged with having unlawfully neglected and refused to pay to William M. Hardinga the aura of £22 lis Gd, amount of wages due to him for service performed as a seaman on board the a.B. Oreti, of which Thos. T. IJasefield is the owner. On this case being called, Mr. Digaan stated that the matter had been settled, and asked that the case be struck oat.