LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8530, 2 April 1891, Page 3

LAW AND POLICE.

POLICE Wednesday. [Before Dr. Giles, R.M.] Drunkenness. —Two first offenders, both men, were each fined 5s and costs or in default 24 hours hard labour. Alleged Breaking, and Entering.— John Francis O'Keefe (10 years) and Edward Moriarty (8 years), • were charged with breaking and entering the dwelling-house of James Thomas, Newmarket, on the 16th January,' 1891, and stealing therefrom the sum of £1 13s in money. Mr. Brassey appeared for Moriarty, and Mr. O'Meagher for O'Keefe. .Nora Thomas deposed that she was the wife of James Thomas, of Newmarket. She left her house on tho 16th January between one and two in the afternoon, having locked the place up, with the exception of a small window. On returning about five o'clock she found this window raised, and the back door unlocked. She examined the box in which she kept her money, and found the same had been broken open. This box contained £2 16s when she left the house, and on returning she found that £1 13s had been removed, there being only £1 3s left. James Thomas, blacksmith, Newmarket, deposed that on the 16th January ho returned home from work about fivo p.m., and on entering the house found the box referred to by the last witness broken open, and also discovered that the sum of £1 13s had been removed. On making a search ho found outside the house a rubber stamp and a key. Constable Rist deposed that on the 23rd of March he went to the Remuera Convent Schools, and asked for J. O'Keefe. The lad came out, and witness inquired of him if he knew anything of the rubber stamp which witness showed to him. Accused stated that it was his, ho having lost it on the same day that he obtained it. He also stated that he lost it in the paddock behind Mr. Thomas's. O'Keofe also laid claim to the key, mentioning that he had lost it in Mrs. Thomas's house. Accused then began to cry, and admitted getting into the house through the window, and taking some money from a drawer, a £1 note and more than 10s in silver. He also stated that there was another boy with him at the time. This boy was Moriarty, who admitted being in company with O'Keefe, but did not enter the house or receive any of the money. O'Keefe admitted that this statement was true. Detectivo Hughes deposed that he, together with Constable Risb, saw the boy O'Keefe on the 23rd March. Witness corroborated the evidence of the last witness. At this the boy Moriarty was cautioned to be careful of the company he kept, and discharged, as there was no evidence to incriminate him. Mr. O'Meagher stated that the boy O'Keefe had flatly denied to him that he had entered Thomas's house, but in the face of the evidence it would be useless to place him in the box. John Francis O'Keefe was also charged with having, on tho 28th and 29th January, 1891, broken into and entered the store of Harry Tonks, Newmarket, and stolen therefrom the sum of 13s in money, the property of the said Robert Wynyard. Mr. O'Meagher appeared for the accused. Harry Tonks deposed that he was an ironmonger, carrying on business at Newmarket. On the 28th January he left the store at six p.m,, after locking up everything safely. On the following evening, from information received, he went straight to the store about ten o'clock, and found the door open, the papers pulled about, and about 13s missing. Robert Henry Wynyard deposed that he was a partner of the previous witness. On tho evening of the 28th January ho left 13s in his private drawer. On the 30th of the same month he found that the money had been removed. Detective Hughes deposed that he had asked the boy if he knew anything about the theft. He replied, " I did it," and went over to the store and showed how he did it. Constable Rist also gave evidence. Mr. O'Meagher admitted the strength of the evidence, and said that he was sure that the witnesses would not fabricate such charges. He asked that the age of the prisoner might be considered. Dr. Giles stated that he did not know what else to do with a bay of such an age but send him to the Industrial School. He could not look over such cases, and the only alternative was to send him to gaol. Mr. O'Meagher asked that the boy might be placed under the provisions of the First Offenders Probation Act. Dr. Giles stated that to place such a lad under this Act would be simply ridiculous. Ib was never meant to be applied in such cases. The boy was ordered to receive six strokes of the birch rod for the first offence, and for the second offence he was committed to the Industrial School until he attained the age of fifteen years. Probation Officer's Report.The report of the Probation Officer with reference to the case of John White, who had been found guilty of stealing a vest, a pair of trousers, and a pair of boots, from William Henry, of Ruakaka, was not a favourable one. - Dr. Giles said he would have to deal with the case in the ordinary way. Prisoner was sentenced to one month's imprisonment, with hard labour. #

Insulting Language.Kate Richardson was charged with having, at Ponsonby, on the 21sb March, used insulting language to Jessie Dobbs. Mr. Napier appeared for the complainant and Mr. O'Meagher for the defendant, and pleaded nob guilty. Jessie Dobbs, Jervois Road, Ponsonby, deposed : On the 21st March, owing' to some trouble between the son of the defendant and Mr. Maxwell concerning the breaking of a window, the accused used some very insulting language. Defendant stated that witness had informed Mr. Maxwell, and proceeded to abuse her. John Dobbs also gave evidence. Ho stated that the language was used by the defendant on her own verandah. As there was no evidence to show that the language was used in a public place, Dr. Giles stated thab he would dismiss the case without prejudice.