LAW AND POLICE.

New Zealand Herald, Volume XXV, Issue 9188, 18 October 1888, Page 6

LAW AND POLICE.

POLICE COURT.— Wednesday. [Before H. G. Seth Smith, Esq., R.M.] Drunkenness. — Two persons were punished for first offences of drunkenness. Albert Warner and George Turner were each fined £1 and costs, or, in default, seven days' imprisonment. Larceny.—William Mackay was charged with stealing at Avondale one pair of blinkers, worth 20s, the property of Joseph Redshaw. Prisoner admitted having pawned the blinkers, but stated that he did not steal them. On the application of SergeantMajor Pratt the case was remanded till Friday. Rock Oysters. — James McDonald, Palmer Wilson, and Henry Kelly were charged with having, on the 24th day of September, taken certain rock oysters from an island in the Hauraki Gulf during tho close season. Mr. Hudson Williamson appeared on behalf of the Collector of Customs, who prosecuted in the case, and Mr. O'Meagher defended. Mr. Williamson asked for a remand until Friday. There were two informations against the accused, and ho was not certain which of them he would proceed with. At the time the defendants were spoken to by an officer of the Customs, they led him to believe that they would not deny the charge ; but as they had now decided to defend it, the prosecution would have to call witnesses from Coromandel, some of them being natives who lived some distance away. Mr. O'Meagher said that the men had never stated anything that would lead to the belief that they would admit the charge. One of the Customs officers, however, endeavoured to get them to admit the offence. The case was remanded till Friday, and the information was amended, the offence having been committed on the 23rd ult. Threatening Language.James Whiston was charged that on the 13th day of September, and on other subsequent occasions, he usod threatening language to his wife. Mrs. Whiston deposed to the offence, but stated that she did not wish to press the charge if defendant would undertake to leave her and support her three children. She was afraid to live with him. He was drunk when he threatened her. When asked by the Bench if he had any questions to ask the witness, defendant stoutly accused his wife of infidelity. He wanted only some clothing that was at the house, and he would then go away and leave his wife and her paramour together. The case was adjourned until Saturday, in order that the police might make inquiries; and defendant was admitted to bail in his own recognisances of £10. Breaches of By-laws.—William Rayner was charged with depasturing a horse on an unfenced allotment in Chapel-street. Defendant said Mr. Todd had given him a permit to place the horse on the allotment in question, and he had had no idea that he was committing a breach of the law. A fine of os and costs was imposed. J. B. Williamson, for permitting a horse to stray in Victoria Quadrant, was fined 5s and costs. Fighting.—Henry McKeown pleaded guilty to fighting in Victoria-street, and was fined 10s and costs. Horse-stealing.— Henry Lawson, a youth, was charged with stealing a horse, value £10, the property of John Kane, on the 12th October. Mr. O'Meanjher appeared for the prisoner. John Kane, foreman of works in the Ponsonby Ward, deposed that on the afternoon of the 12th instant he found that his horse was missing from the paddock in which it was generally depastured. He proceeded to Buckland's saleyards, where he found the horse stalled and numbered, and was told that it had been sold. Crossexamined : He knew of nothing against the boy's character. Harold Kane deposed to having placed the horse in the paddock at the corner of Jervois and Sentinel Roads at about eight o'clock on the morning of the 12th inst. There was then no rope about the animal's neck. Cross-examined : On one occasion when the horse was loose accused tethered him to prevent him from wandering. John Clifford deposed that on the morning of the 12th he saw accused leading a horse in Jervois Road. This was the animal now outside the Court, and Mr. Kane's property. George E. Riley also deposed to seeing the prisoner with a horse in Jervois Road on tho morning in question. Frederick Adams deposed that on the 12th instant he saw accused at Buckland's sale yards. Witness saw Kane's horse in one of the stalls, and pointed it i 'Jut Law .son replied that t.'m was not hanes. ,iotin Kist, yardman at Buckland's, deposed that the horse belonging to Kane was sold to Armitage, but before possession was given the ht.ro*. was taken by the police. Detective Hughes deposed to arresting the accused, who stated that he had found the horse straying on the road, and that he had got a piece of rope out of a paddock, and put it round the horse's neck, and tied the animal in Lawrence-street. He denied having been in Buckland's saleyards on the previous day. This concluded the evidence for the prosecution, and Mr. O'Meagher then asked whether a prima facie case had been made out. He thought the evidence was circumstantial, and of the weakest character. His Worship ruled that there was a sufficient case to answer, and he committed the prisoner for trial. Lawson was subsequently released on bail in his own bond of £50, and two sureties of £25 each.

OHEHUNGA POLICE COURT. Wednesday. [Before Jumus Clendon, Esq., R.M.] Obscene Language. — Paul Hucksfcep (aged 10) was charged oil remand with using obscene language in Willow-street. Sir W. Wastenoys appeared for the defendant, and pleaded not guilty. The evidence of several witnesses was taken, and counsel addressed the Bench, contending that the charge hail not been proved. His Worship held, however, that the evidence was sufficient} tor a conviction ; but as defendant .was a mere lad a light penalty would be imposed. A sentence of 48 hours 1 imprisonment was imposed. Drunkenness.—Harry Trainer was fined '20s and costs for having been drunk. Furious Driving. — Samuel Brennan, alias Simpkins, and Arthur Brennan, were charged with being drunk while in charge of a horse and trap, and with driving furiously through the streets, on the 23rd ultimo. The defendants pleaded guilty, and each was fined 10s, and costs 10s 6d. Assault. —Peter O'Dowd was charged on the information of his wife with striking her on the head with a poker, and she prayed that the Bench would bind the defendant over to keep the peace. After taking the evidence of Mrs. O'Dowd and her son, His Worship bound defendant over to keep the peace for six months, arid to find two sureties of £'25, the alternative being six months in Mount Eden Gaol. As the required bondsmen were not forthcoming, O'Dowd had to go to prison.

OPUNAKE R.M. COURT. The regular sitting of the above court was held on Thursday, the 4th inst. Mr. C., E. Rawson, of .New Plymouth, presiding. Richard H. .Seccombe v. Edwin R. Morgan, for hire of plaintiffs bullock dray and team of six bullocks, and the services of a driver, sued for the amount of £4, less £1 received on account, and one turkey 3s ; balance £3 17s. Mr. Richmond, of Manaia, appeared for Mr. Seccombe. Mr. Morgan defended his own case. Mr. Seccombe proved the hire of the team. Judgment was given for plaintiff with costs ; costs of court 10s, solicitor's fee 21s. John Stevenson and Co. sued Mr. S. A. Breach for separating milk and making 29581b of butter at Id per lb, £12 6s 6d. Mr. Breach put in a set-off, and paid £30s Bfd into court. Charles McHardy deposed that he was secretary and director of the company and had charged defendant about 7 or 8 per cent, losses on working the butter. He produced the company's book to prove the loss which was alleged to have occurred from the time the butter was taken out of the churn, and after being salted and worked. The defendant paid the amount into court which he considered he was entitled to pay, viz., £30s B§d, and objected to the charge for percentage of loss. The defendant maintained that no such loss occured with butter. ' He had had two practical business men— i men who were in the habit of bringing large 1 quantities of butter from settlers, in lumps up to bis dairy, viz., Messrs Newman ami Crowther, storekeepers —and churned and worked butter on the same principle as the plaintiffs had adopted, and proved to their satisfaction that after weighing the butter from the churn and weighing it again after working and salting, and adding -i I per cent, of salt, there was a clear gain of 3 j

percent. The plain tiff had conducted experiments for some time with the same result. Messrs. Newman and Crowther gjave evidence bearing it out. Judgment given for plaintiff for the amount paid into court, each party to pay their own costs. A case was heard here on the 17th of July last, before the same R.M. when Mr. Breach sued J. Stevenson and Co. The defendants had deducted _ 8 per cent, for waste in weight in working up Breach s butter. Mr. Breach said that butter did not deteriorate so much; in fact, when worked and salted, it gained weight, and if the Bench would go up to his place on the following morning he would show them that there was not any waste, but a gain. He would weigh the butter out of the churn, put it through the worker salt it, &c., and he would show that for 961b of butter from the churn he would have 1001b in the keg. He was quite prepared to let the decision of that case to go by the result. Deducting 5, 6, 7, and 8 per cent, for buttermilk waste was only a custom, not a fact, for with the salt added it would make a gain. In that case the Bench allowed 5 per cent, for waste, &c.—[Own Correspondent.]

WHANGAROA R.M. COURT. [Before H. W. Bishop, Esq., R.M.] At the sitting of the Whangaroa Court on September 20 there was an important case that caused no little stir and excitement in the place and neighbourhood. The case was Mace;.' v. Saies and Flavel, a claim for indemnification and refund for taking gum stored and dug on land belonging to defendants. Mr. J. R. Reed appeared for the plaintiff, and Mr. Henderson, of Russell for the defendants. The case arose from the defendants seizing a quantity of gum, the proporty of plaintiff, a gumdigger, on the ground that the locality where the gum was procured was on land the property of defendants, also, that it was stored on their land. A number of witnesses were brought forward to prove that there was no notice or acknowledged right hitherto to the land where the gum was actually procured, and that the defendants had no title to the land or any right to seize the gum, the property of the plaintiff. The defendants endeavoured to prove their right and title to the land, but failed, as they putin evidence an agreement to lease the block. This document was objected to by the court, not being a legal document and stamped. Judgment was given for the plaintiff for the actual value of the gum, £17, and £5 for damages in taking the gum away ; also the costs of the case.—[Kawakawa Correspondent.