LAW AND POLICE.

New Zealand Herald, Volume XXIV, Issue 8930, 20 December 1887, Page 3

LAW AND POLICE.

SUPREME COURT. —Bankruptcy. Monday, [Before His Honor Mr. Justice Gillies.!

Orders of Discharge.—Orders of discharge were granted in the following cases of bankruptcy, counsel appearing in support of eaob application William Vaile (Mr. 3. Hesketh), John Thomas Lilly (Mr. Napier), Shirley Whitfield Hill (Mr. E. Hesketh), John Warner (Mr. Clendou), Charles Quiun Hutchinson (Mr. Alexander). Clos<c of Bankruptcy.—Mr. Gave moved for the close of the bankruptcy of Matthew Hooper. The order was granted.

POLICE COURT.—Monday.

[Before H. O. Baddelay, Esq., K.M., and H. Wilding, iisq., J.P.]

Drunkenness.—Four men were charged with a first offence, and being found guilty, they were eauh Sued 5s and coats.

an Oiiu Offj£M)ek.—John Leonard was charged with being drunk, and also a rogue and vagabond. A long list of previous con viotions was brought against accused, and the Bench sent him to gaol for twelve months.

Fighting.—George Evans was charged with assaulting Henry Conroy by striking him in the face with his fist, on the 17th inst. Complainant appeared and desired to withdraw the charge, as he admitted that provocation had been given. Constable Hansen gave evidence, And the Bench inflicted a fine of 10s and costs.

Neighbours' Squabbles. — David,, and Louis Simmons, two boys of 9 and 7 were oharged with assaulting Agnes Smerdon by kicking and throwing stones at her on the 30th .November. Mr. W. F. Bnckland appeared for the defence. Agnes Smerdon, a girl of 14 years, deposed that on the 30th ultimo her brother James was sent a message and she saw David and Louis Simmons running after him throwing stones at him. Witness went out, and the two boys threw stones at her, and struok her on the back and sides. The boy David held her and Louis bit her. She gave them no provoca tion. The witness was severely cross-ex* amined by Mr. Buckland as to whether she had not been the aggressor in the quarrel. By the Bench ; There had been frequent quarrels between her and the Simmons, as they had frequently annoyed her. James Smerdon, nine and a halt years old, gave corroborative evidence. John Smerdon, oarpenter, father of the two last witnesses, deposed that on the 30th ultimo his daughter came to his shop crying, and showed him a bite upon her arm, which she said had been done by the boy Simmons. Their conduct had been a continual source of annoyance to witness' family, fie had not allowed his children to associate with the Simmonßes, because of their foul language. Constable Bernard Btated that David Simmons had acknowledged beating Agnes Smerdon, but said be had done so because she had first assaulted his brother Louia. The father of the children was continually jmay, and the mother was addicted to liquor. Mr. Harrison, master of the publio scnool, had complained to witneaß of the boys' conduct. Simmons had complained to him previously of his wife's intemperance. Mr. Buckland contended that the only evidence of the assault was that of the children Smer* don, and. the two accused, whom he proposed to put in the box, would give a different version of the squabble. David Simmons said that he saw Agnes Smerdon standing upon his brother Louis and punching him. Witness ran and pulled her off, and she turned on bim and scratched Louis on the lip, and he bit her on the arm. Witness' mother cams out, and told them to stop fighting, and Agues Smerdon threw a brick at her, and struck her in the face. He was attending the Marist Brothers' School. Louis Simmons, a small boy of seven, gave a similar statement. Mrs. i Simmons also gave evidence, stating that she had told the children to stop throwing stones. Agnes Smerdon called witness names, and threw a piece of brick at her, and struok her on the face. At this stage the Benoh adjourned the case till Wednesday, in order to procure further evidence. The Watkh Supply.—Lewis Levy was oharged with unlawfully drawing off, from a street hydrant in Hobson-street, water belonging to the City Council. Mr. T. Cotter appeared for the City Council, and stated that up to June last he had taken the city water, but, as he had refused to pay the rates, his supply had been cut off. On the 19th November last he had gone to one of the street hydrants and began to take water from it. One of the Council employes saw him and told him to desist, but Levy said that something had gone wrong with his supply tap in bis premises, and he was then allowed to take the water. It was afterwards found that the defendant had no supply upon hu premises whatever, and the prosecution was instituted. W. E. Payne, city collector, gave evidence, producing a copy of the waterworks by-laws. James Carlaw, jun., was also examined. These two witnesses bore out the opening statement of Mr. Cotter. Constable Addison then gave evidence, stating that on the 19th instant he was on duty in Hobson-atreet, when he saw defendant go to the street hydrant with a small bath, and attempt to turn on the water. Witness asked him if his supply was cut off, and he said the pipe on his premises ! was undergoing repairs. The man in charge of the watering cart was near, and heard this statement. Levy then asked this man to give him some water, and he fillsd the bath. Lewis Levy, the defendant, was then examined, and stated that when he had taken over his present premises in July, the water was laid on. When he took the house it was understood that the landlord was to pay the water rates, but be afterwards found that he (Levy) would have to pay them. He made application to the Council about the matter, but they wished to charge him on the rateable value of the whole block, and he therefore arranged appliances for holding a supply o1 rain water. On the 19th ult., he went to the hydrant and asked the man for some water to wet the footpath in front of his shop. He got a small bath filled. By Mr, Cotter ; When he told the constable and the man in oharge of the hydrant that his pipe was undergoing repairs, he knew that his supply had been out off for some months. He had not made any application to have it laid on since July last until after he had been served with a summons in the present oase. Mr. Payne being recalled, stated that the man in oharge of the hydrant had no authority whatever to give permission to anyone to take water. The Benoh decided that as the accused bad not actually taken the water himself, they could not convict bim, at the same time censuring Levy for the shuffling style in whioh he had given his evidenoe.