LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9144, 28 August 1888, Page 3

LAW AND POLICE.

POLICE COURT.— Monday. [Before Messrs. W. Dinnison and J. Gordon, J.P.'s] Drunkenness. —Five persons were punished for drunkenness. Breach of the Peace.—James Egan and Michael Head were charged with fighting in Queen-street. Egan pleaded guilty, and was fined £1 and costs, or in default to undergo three days' imprisonment. Head, who pleaded not guilty, was fined £2 and costs, With an alternative of seven days' imprisonment. Breaches op By-laws.George Evans was fined 5s and costs for leaving his cart unattended in Richmond Road. Salvatore Trapne, for a similar offence at Surrey Hills, was also fined 5s and costs. This penalty was also inflicted in the case of James Reynolds, charged with driving at faster than a walking pace round a corner of Queen.street. A. B. Kay, for allowing a horse to stray at Northcote, was fined 5s and cost?. A Ferocious Dog.--Joseph Williams was charged with permitting a dog, of which he is the owner, to attack and bite William Vause. Mr. Palmer, who appeared for the defendant, submitted that the information in this case should have been laid by the complainant Vause, and not by the police, who, he claimed, had not authority to prosecute in the case. He further claimed that the information was not properly drawn up, as it charged defendant with permitting a dog to "attack and bite" the complainant. Inspector Broham said that it was the rule for the police to lay the informations in such cases. The complainant had come to the station and asked the police to proceed against the defendant. Mr. Palmer said he did not know whether his friend Mr. Broham had any locus standi to appear in the Court. Inspector Broham replied that this had been heard scores of times. If neither he nor the police constables could appear in Court their duties would be very much simplified. The Bench said that it was the rule for Mr. Broham to appear and conduct the cases. The Inspector pointed out that a Bill now before Parliament (if not already passed) would give increased power in this respect. The Bench ruled that the case should be proceeded with. Mr. Palmer asked that he should be shown the written authority upon which the police acted in this case. Inspector Broham stated that there was no written authority. The man had made the complaint to the police, who had accordingly proceeded against the defendant. William Vause deposed that on the 15th of the month he was walking in Richmond Road, when a bulldog rushed out and attacked witness. The dog's teeth tore his trousers, but did not cut the skin. Robert Paul, who was in the company of the last witness on the occasion mentioned, also gave evidence. Austin Durban deposed that on the evening of the 15th defendant gave him a bull terrier, and told him that it had bit someone, and that ho did not want it. The defendant then said that the dog was not his property. Evidence was given by Constable McConnell, who said that defendant told him that the dog belonged to Mr. Sampson Pratt. In answer to the Bench it was stated that the dog had been destroyed. The case was dismissed. Crossing the Railway Line.James Grant was charged with driving a horse and cart across the railway line at the crossing at the Railway Wharf when the train was approaching, and within a quarter of a mile, on the 18th instant. Mr. Clendon appeared for the Railway Department. Thomas Laybourn, keeper at the crossing, deposed that on the occasion in question, the defendant, in charge of a hcrse and cart, approached the crossing at a trot, when the train was about twenty yards away, and coming out from the Auckland station. Witness waved a red flag, but the defendant did not pull up the horse. John William Naylor, enginedriver, also gave evidence. The train was about ten yards away when the cart passed over the crossing. Defendant pleaded that his horse was too close to the rails to be pulled up. A fine of 10s and costs was imposed.