LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9082, 16 June 1888, Page 3

LAW AND POLICE.

SUPREME COURT.—Criminal Sittings. Friday. (Before His Honor Mr. Justice Gillies.] Assault and Robbery.— Nicholas Hand, Henri/ Arthur, and Alfred William Crackndl were charged that, on the 26th of April, they assaulted one John Bell, and put him in great bodily fear for his life, and then against his will feloniously stole a dingy, the property of the said John Bell. There was a second count in the indictment charging the prisoners with having, on the same date, feloniously stolen a dingy, the property of John Gouk. The prisoners, who were defended by Mr. Humphreys, pleaded not guilty, and witnesses were ordered out of Court. Mr. Williamson opened the case by explaining the law as regarded robbery. It wan not required that they should show that the prosecutor was actually in fear for his life, only that threats or violence had been offered creating fear preceding the larceny of the property. The facts of the case have already been made public, and briefly they are as follow :—The prosecutor, John Bell, a gumdiggor, resided at Hobsonville with Ins wife and family. On the evening of the 26th he was engaged in scraping gum when Hand came to the door, and asked him how many dingies he had. Witness replied that he had one of his own and one he had picked up adrift. Hand called him a liar and n French convict, making use of most disgusting language. They went down to the beach, where the two other prisoners wore. The dingy Bell admitted having picked up he allowed them to take, but the other was his own, and when they attempted to take it away he resisted. Hand went into the water, and attempted to cut the painter, upon which Bell seized a lump of wood and threatened Hand with it. Hand then threatened Bell with his knife, and said he would cut his throat if he prevented him from cutting the painter. Mrs. Bell came on the scene to her husband's assistance, upon which the two others seized her and threw her into the water, which was about four feet deep, and then they all rushed at Bell. Hand then cut Lho painter, and they took the dingy away, and went on board the yacht Transit, in which they had arrived. Subsequently the dingy was let adrift, and was recovered by the prosecutor. Information was given to the police, and the prisoners were arrested. Since then they offered to settle the case by paying Bell £5 if he would withdraw the prosecution. John Bell, the prosecutor, in his evidence bore out the statement of Mr. Williamson, and according to his showing the conduct of the prisoners was very violent, and their language, especially that of the prisoner Hand, most disgusting. In his cross-ex-amination witness said he was once charged with arson in this Court, but was acquitted. Isabella Graves Bell, wife of the prosecutor, corroborated her husband's evidence. John Dunn and John Dinan, who were on board the yacht Transit, gave evidence partly corroborative of the evidence of the prosecutor and His wife. They had observed the proceedings from the yacht. Sergeant Clarke, of the water police, also gfive evidence. Mr. Humphreys called no witnesses, but addressed the jury for the defence. His Honor summed up the testimony. The jury, after three quarters of an hour's deliberation, brought in a verdict of guilty of robbery with violence against the three prisoners. Hand, against whom there were several previous convictions, was sentenced to 18 months' imprisonment, and Cracknell and Arthur to 9 months' imprisonment each. Uttering.— Robert Foster, alias George, McKay, was indicted on a charge of having on the 31st of May feloniously uttered a false cheque for the payment of money, knowing the same to be forged. He denied having forged the cheque, as he signed life own name, but he admitted having uttered it. He was in drink when he cashed the cheque, and he was very sorry for it indeed. As the prisoner had been previously convicted of a similar offence he was sentenced to two years' imprisonment, with hard labour. Mr. Williamson asked His Honor to hiake an order as to the money found on the prisoner. Mr. Lynch had given him £3 ISs, and £-3 13s 6d was found on him when ho was arrested within an hour of the time the cheque was cashed. The arresting constable (Martin) gave evidence as to the money found on the prisoner. His Honor declined to make an order.

The Court then adjourned until ten o'clock next morning. POLICE COURT.—Friday. [Before Messrs. \V. Dunivui, and W. Crowther, J.TVs] Watch-pawning.—Emauuel Oliver was charged with pawning with fraudulent intent a gold watch, the property of Miss Celia Gill, on June S. The watch was valued at £10. Mr. Napier appeared for the accused, and for a remand and bail. Sergeant Pratt appeared for the police, and opposed bail being granted, and put Detective Herbert in the box to give evidence as a reason why bail should be refused. He said that two other informations would be laid in an hour. The Bench refused bail, and adjourned the case till Tuesday next. Mr. Napier gave notice he would then apply for a further remand and bail.

Alleged Arson.—Alexander Duncan was charged with setting fire to a hay shed at Kohimaramara school, on June C. Mr. Earl appeared for the prisoner. Sergeant Major Pratt, for the police, applied for a remand, on the ground that Mr. Hogan was ill and unable to appear. Mr. Earl opposed a remand on the ground that he had evidence that would, to an absolute certainty, prove the boy was innocent. He was arrested on the barest suspicion, and there was really nothing in the suspicion. the boy was friendless and homeless, and he had already been in prison for some seven days. He was only lately out of the Industrial School. Sergeant-Major Pratt said he had no witnesses at hand. Mr, Earl asked that the boy bo liberated, and he would undertake that the boy would not leave the district. He would go back to his employer, a. man who said the boy was a good boy, and who did not believe him guilty, and would be ready, if the police ever wanted him again, which he felt confident they would not. The boy might be ruined. He had already had seven days in Mount Eden forwhat he did not do. It was a serious responsibility to send the boy back to gaol. He already suffered from the stigma of having been to prison. Mr. Earl said the duty of the prosecutor wajs to put in what evidence he had, and then state Mr. Hogan was ill and apply for a remand ; but he had not done so because there was no case. The Bench decided to release the boy on his own recognisances of £20. The remand was granted till Monday next. The Thistlk Cask. —William Anderson Crombie was charged with breaking out of the Thistle Hotel on June 14, and stealing two bottles of rum and whisky, valued at 15s, tho property of Mrs. Mary Coyle, the licensee of the hotel. Mr. Napier appeared for the prisoner, and asked for a remand till Wednesday next, and bail. Sergeant Pratt opposed the application, also opposing the small bail granted (two sureties of £25 each). Mr. Napier complained of the too great zeal on the part of the police. Scrgeant-Major Pratt said that the too great zeal of the police was not more than was necessary to do their duty. The police objected to the smallness of the bail. Mr. Napier said that the value was only 15s. Sergeant-Major Pratt said it was not the amount, but the nature of the crime. Mr. Napier said the man was seen going out of an open door. Sergeant Pratt: A door which lie had unlocked. Mr. Napier ridiculed this being designated breaking out. Sergeant Pratt asked if Mr. Napier intended to tell the Bench that to unlock a door and leave a house which a man had no business to be in was not a breaking out? Mr. Napier said he unhesitatingly did tell the Bench so. The man found himself in the hotel with the door locked, and ho naturally unlocked it, and left the house. Sergeant Pratt: Why, here is the prisoner's counsel pleading guilty to tho offence. The Bench declined to increase the amount of bail, and remanded the case till Monday. A Stray Horsk.—Luke Webber was charged with allowing a horse to stray in Grey-street on the 7th instant. Constable Hanson proved the caae, and the accused was fined ss. and costs.