LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8583, 3 June 1891, Page 3

LAW AND POLICE.

SUPREME COURT.—Crimikat, Sittings. Tuesday. [Before His Honor Mr. Justice Conolly.] Embezzlement and Forgery.— Brabazon Disney O'llalloran was charged cm five indictments with having while a public officer, postmaster at Whangarei, received moneys on account of H°.c Majesty and appropriated the same to his own use. The sums embezzled varied from £81 to £1, and the time extended from July, 1890, to the 27th of January, 1891. The total amount was about £IGO. Prisoner pleaded guilty to all the indictments.. Sir. Williamson said there was one other indictment against; the accused, one of uttering, but he did not propose to proceed with that, as from information which came to his knowledge since the indictment was drawn up he found ib could not be sustained. The prisoner was remanded for sentence until next morning, in order that his counsel, Mr. Tole (who was absent from town), might be heard on his behalf. Perjury.— Wi Ilakopa, an aboriginal native, was charged with having on the 9th of March at Whakatane, in evidence given by him before Mr. R. S. Bush, R.M., in relation to. a charge against Joseph Warbrick, of unlawfully shooting a certain bull, committed wilful and corrupt perjury by saying that ho was present at Warbrick's whare, and saw him shoot the bull, whereas in truth and in fact he was nob present at the time. Prisoner, for whom Mr. Moss appeared, pleaded notguilty. Mr. Hammond was sworn interpreter. A jury having been erapanrielled, the case for the prosecution was opened by Mr. Williamson, and the facts, were a3 follows :—On the 9th of February a native of Matata named Whareore laid an iuformation before ,Mr. George Simpkins, a magistrate, against Joseph Warbrick, accusing him of shooting a bull between the 18th and 2">fch December, with intent to steal the skin. In duo course the case came on for hearing before Mr. R. S. Bush, the P.eside'nt Magistrate at Whakatane, on the 9th of March, and prisoner, who gave evidence in support of the prosecution, swore that he was at Warbrick's whare, about seven miles from Matata, when they .went out to ehoob the bull. He did nob accompany the others, but proceeded down the river in a canoe, and while going down lie saw Warbrick with a gun fire at the bull, which he saw drop. The evidence for the Crown would show that on the day on which the bull was shot, namely, on the 21st of December, accused was nob only not at Warbrick's house, nor did he see the bull shot, but thafc it was impossible he could do so, aa on thafc day he was at Maketu, some 20 or 30 miles away, and that consequently tbe whole of his story, as told before the Diagistrate, was purely imaginative and untrue. George Maunsell, licensed interpreter, who took down the depositions in the case against Warbrick, translated the evidence giveu by W. Hakopa, containing the alleged perjury. Constable Sisam, Irewana, Akutata, Joseph Warbrick, and Hatatata, were examined in support of the case for the Crown, and were crossexamined closely by Mr. Moss. The case for the defence was then opened by Mr. Moss, who called the accused and two other witnesses. Counsel then addressed the Court, and His Honor summed up the evidence. The jury, after a short consultation, brought in a verdict of not guilty, and the prisoner was discharged. True Bill.—ln the indictment charging Apore Apiata, and Taupo te Iwitere, charged with conspiracy, the Grand Jury brought in a true bill, and there being no other indictments, their duties were finished. They were thanked by. His Honor, and discharged. The Court adjourned until 10 o'clock next morning, when the charge of conspiracy against two Rotorua natives will be taken. Mr. Theo. Cooper is to appear for the defence. . ' •

POLICE COURT.—Tcjesday. [Before Dr. Giles, 8.M.1 Drunkenness.—One first offender was fined 5s and costs, or 24 hours 1 hard labour. Alleged Lakceny.—Patrick Doyle, aged nine, was charged with the larceny of a fowl, valued ab 2s, the property of James Hill. Mr.. O'Meagher "appeared for the defendanb and pleaded nob guilty. James Hill deposed thab he was a grocer, living in Wakefield-street. He knew the accused, '•who wa3 a resident of Alexandra-street. On the 28th. May wicness missed some boot laces from his shop. Accused's brother showed witness the head of a fowl on that day, and witness went to accused and charged him with killing the bird, but he denied having done so. Witness's youngerbrotber afterwards admitted in the presence of Detective Hughes that lie had killed the bird. Detective Hughes deposed that he arrested the accneed. At first he said lie knew nothing of the charge, but afterwards stated that his little brother had killed the fowl and that he (the accused) had sold it for some case. The Bench said that there was clearly no case, as there had been nt> identification of tho fowl. The charge was dismissed.

Alleged Theft of Laces. — Patrick Doyle, aged nine, and Frank Warner, aged ten, were charged with the larceny of boob laces, valued at ss, on the 2Sth May, the property of James Hill. Mr. O'Meagher appeared for the boy Doyle ; Mr. Napier for Warner. Both defendants pleaded not guilty. William Murphy deposed that he was living in Alexandra-street. He knew the accused. Some days'ago Frank Warner gave him some bootlaces in oxchange for a knife. Doyle was nob with Warner ab the time. Detective Hughes deposed that he arrested tho boys. Doyle told 'him that he was with Warner, and saw him take abundie of laces from Hill's shop. - Warner sold them, and had some cakes out of the money. Warner, however, denied all knowledge of the affair. James Hill deposed that lie missed a bundle of laces on the 28bh May last. The laces produced were similar to those that were in his shop. The Bench considered that there was, no evidence against Doyle, and with regard to the other boy there was no evidenco as to the theft or tho identification. A case of this sort should have been settled out of Court. It was no doubt very probable that the laces were taken-by Warner, and also that in tho former case the Doyles were in some way mixed up with the theft of the fowls, but the evidence was not sufficiently clear. •

Waxukuing Cattle.—George Johnston was fined 5s and costs for allowing his cow to wander on the Beach Road, Devonporb. Thomas Crabb, the owner of a wandering heifer, wus fined a similar sum, as was also Edward Drew, the owner of another straying cow.

Maixtexaxch. — Daniel Donovan was charged with failing to obey an order of tjie Court for the maintenance of liis five children, by allowing, the .sum of £8 to be in arrears. The case was adjourned for one month. Charles Donald was charged with having failed to comply with an order of tho Court for the maintenance of his child. The case was adjourned for four weeks.

WARKWORTH POLICE COURT. Wednesday, May 20. [Before Messrs. Nathaniel Wilson, ami 11. AV. Pulham, J.P.'o.] AiJjEQKD Breaking and Entering.—;Geo. Allen or Goodly, of the cutter Catherine, was charged with, on the loth May, breaking and entering a dwelling-house situated at Mahurangi Heads, the property of Thomas Jameson.. The prosecutor was sworn, and deposed that lie was the owner of a, house and hind at Mahurahgi Heads. On tha morning of the date named he was passing the house, which was kept locked, or otherwise fastened up, and saw that tile door was open. Went inside and called out, but gofc no reply. Saw the accused in the loft, which had been reached by a small ladder kept.in another part of tiro house. Asked him what he waa doing there, when the accused replied. " Only having a look round." I" saw a sheath knife (produced) projecting from his pock«t. I also noticed that a small meat keg had bei*n placed apparently ready for removal., A small cupboard had also been broken open. There was a zinc bucket also missing from the well, which his brother had seen tit noon on the previous day. The accused at Virat denied taking the bucket, bat afterwards admitted having done so. Witness went on board the cutter Catherine to seo about tiio bucket, when defendant denied having had it. The captain of the cutter said he knew nothing about it, but I might search the boat, Constable Haddock, sworn; stated that when ho took the lad into custody and told him the charge, he replied ho was only killing time waiting for the boat. The accused pleaded not guilty, and denied ever having seen the bucket or having made any admission that he took h, but had told the prosecutor that rather than havo his name published he would be willing to pay.. Frank Silva, master of>the cutter Catherine, said the youth was in his employ, and had been for six or seven months, and ho '.

never knew him to-take anything that did not belong to him. He believed he was a good and honest lad. He had known his parents and family for eight years, and they were all respectable people* and the accused had never to his knowledge been before any Court. The Court was cleared for some minutes, when ■ the decision was that there was not sufficient evidence to convict the prisoner of breaking into the house. The case was therefore dismissed, and the accused cautioned.—[Own Correspondent.]

OPUNAKE R.M. COURT. A sitting of the above Court was held on the 7th, Major Tuke, R.M., presiding. The information- of D. C. Simpson against W. Read and W. C. Raikes, for illegal impounding, was adjourned on the application of defendants. T. Malonet v. C. Collins.—Claim, £3 10s; adjourned from last Court day. This was a dispute whether the fencing was done according to contract. Witnesses were called by both parties, and the evidence proved that "the line was not cleared five feet. Judgment for defendant, with costs. Dugcax Brothers v. W. R. Wright.— Claim of £6 15s;- Defendant had paid £6 5s into Court. Judgment for plaintiff for balance of 103 and Court costs, 12$. W. J, Moore v, G. F. Baker.—Application, to have evidence taken. No appearance. Struck out.

Application Under the Impounding Act.—Mr. G. W. Gane applied for an order for the pound keeper to pay over to him the sum of Bs, impounding charges, the poundkeeper refusing to do so. Mr. Gane stated that on the Sad of March last he impounded seven weaners, supposed to belong to Mrs. E. R. Morgan. On the same date E. R. Morgan released them, paying under protest. Mr. Gane applied to the poundkeeper for the charges," which he objected to pay over. Mr. Gane said that he had made several applications to the constable to know when the case was coming off, as he was ready to defend his case, but it did not- come off. The R.M. said that, as Mr..Morgan had failed to proceed with the protest, he make the order. Order made.

Application for Re-instatejient.—Mr. Wright made application to have his case reinstated, as his horse got knocked up, the road being so bad; consequently He was lato for the Court. He had a witness with him in Court now. The Court refused the application. •• Mr.-Wright then made an application for a rehearing for next Court day. The Court adjourned.—[Own Correspondent.] . ■ '.