LAW AND POLICE.

New Zealand Herald, Volume XXX, Issue 9293, 31 August 1893, Page 3

LA W AND POLICE.

SUPREME COURT.-Criminal Sittings.

Wednesday. (Before Ills Honor Mr. Justice Conolly.] Aggravated Assault. — Henry Putland, who, on the previous day, had been convicted on a charge of assaulting John O'Connor, and causing him actual bodilyharm, was brought up for sentence. The jury had recommended the prisoner to mercy, on the ground that ho had rebeived great provocation. Mr. O'Meager apologised for the absence of Mr. Williamson, who was detained in another case, in the Police Court, at Fukekohe, and appeared on his behalf, to plead in mitigation of sentence. The accused had never previously been before any Court, or convicted of any offence. Ho was a hard working man, and had a wife and three children. Ho asked His Honor to give effect to the recommendation of the jury. His Honor said had it not beon for the strong recommendation of the jury he should inflict a heavy sentence. He had no doubt the prosecutor did provoke him by bad language, and that both lost their tempers, but ho did nob believe the prosecutor was the aggrossor. He should give full effect to the recommendation of the jury, and inflict) a light sentence of four months' imprisonment, with hard labour. Unlawfully Wounding.—Thomas McDonald again appeared in the dock, charged with unlawfully wounding John Driscoll. Mr. O'Meagher appeared for the prisoner, and Mr. Tole prosecuted on behalf of the Crown. The greater part of the evidence had been taken on the previous day. Constable McDonnell of the water police, deposed to seeing prisoner in custody of Detective Chrystal on Quay-street, and ab the detective's request, and in the presence of prisoner, he marked a place on a stringer where Chrystal said prisoner had thrown a knife overboard. Thero was then five feet of water, bub next morning at low tide witness looked for tho knifo bub did not find it. Ho found the clasp knife produced on the 12th directly opposite the mark, and , about' two feeb from bho breastwork wall. In ;cross-examination witness said ho had known accused for six months as a handcart man, and he considered him a peaceable, hardworking, industrious man. He also know tho prosecutor. Ho had never known . him do much work, except knocking about hotels after drunken men. In ro - examination witness said ho had heard thab accused had been sentenced to a month's imprisonment! for larceny, bub ho was nob personally aware of it. Detective Chrystal, who arrested the accused, also gave evidence, and Raid there was a conviction for larceny recorded against tho prisoner in March, 1891, for which ho was sentenced to a month's imprisonment, and one for drunkenness since then. In cross-examination witness said he had heard tho prosecutor describe himself as a gutndigger, bub ho spent mosb of his time in Auckland, and he never knew him to do any work, and he was under police surveillance. He was in the habit of following up drunken men to rob them. He was not aware th.tt Lawson was a personal friend of the accused's, or thab accused had lent him money on more than one occasion. Lawson was arrested for drunkenness by Sergeant Clarke at the samo titno thab witness arrested the accused. Lawson said in the lower Court that he knew nothing of the case, being too drunk, and could give no evidence. He was not examined, and for the same reason he was not called here as a witness. The prosecutor had been under surveillance ever since witness had been in Auckland. In re-examination witness said that for the same reason he had to watch accused, who was in the habit of following up drunken men. No application had been made by the accused or Mr. O'Meagher to pub Lawson in the box in the lower Court. Mr. O'Meagher did nob call evidence, but he addressed tho jury at considerable length. His Honor summed up the evidence, concluding at twelve o'clock, when the jury retired to consider their verdict. They returned ab twenty minutes past twelve with a verdict of guilty, and the learned Judge, addressing the prisoner, said lie might be thankful to a mere accident that ho was not on trial for his life, for half tininch difference in the position of the wound would have caused death. Ho was determined to pub down those brutal assaults. The sentence of the Court was that the accused be imprisoned and kept to hard labour for two years. Larceny from a Dwelling.—William "lounger and James Griffin were then arraigned on a charge of having, on tho Ist of July, stolen £16, the property of Thomas Trosser, and there was a second count, charging them with receiving the money, knowing it- to be stolen. Both pleaded nob guilty, and Mr. O'Meagher appeared for both. He claimed the right of 12 challenges for each. His Honor told him that he could nob challenge, but the prisoners had each tho right to challenge. Mr. O'Meagher then challenged on behalf of Younger, and .allowed Griffin to conduct his own challenges. The panel was exhausted by the time live men wero admitted to the box, eleven being challenged by Mr. O'Meagher on behalf of Younger, and six by Griffin. Tho case had therefore to stand over until the return of tho other jury, then engaged on tho consideration of their verdict in the charge against McDonald for unlawfully wounding. These jurors returned soon afterwards. The right of challenge was exercised to its limit, and the panel was exhausted with only ten jurors in tho box. The Sheriff then, by direction of His Honor, proceeded to select two men whoso names were on the jury list from amongst the audience, to complete the panel. Witnesses were, on Mr. O'Meaghor's request, ordered out of Court, and Mr. Tole opened tho case f;r the Crown. The prosecutor was a bootmaker, and on tho night of the'2-ith of June, f» Saturday night, the two prisoners came tn his shop, and Griffon asked for a highclass pair of boots, lie wanted them in a hurry, and price was no object. A pair was shown to him, bub ho would nob accept them, and ho finally gave an order to Mr. I'rosser to make him a pair in a hurry, as he required them by Monday. The prosecutor asked him for his name and address, but the only answer lie got was thab ho was in business down town. Ho did nob come on the Monday, but on the following Saturday night both prisoners returned, and Mr. I'rosser showed them a ptir of boots similar to those he had previously shown them. Griffin was not satisfied, and asked to see some material, and Mr. Trossor left the shop to procure it. The safe, which was unlocked, was in the prisoners' view. Mr. Trossor was only away for a few minutes, but on his return ho noticed thab Younger had changed his position. Mr. Prosser suspected nothing then, bub tie knew the amount of money in Mb safe. The prisoners ordered the boots and left the shop, and after they left Mr. Prosper went to tho safe to put in some money which had been brought to him from 11 branch establishment, and lie then missed his money. Amongst the mtjuey stolen was one note marked with a red stain, which was found in Griffin's possession, and claimed by him, and which the prosecutor positively identified. No one else was in the shop other than the prisoners, from the time prosecutor had seen the money in the safe until he missed it. Thomas Trosser, t In,' prosecutor, was then called, and bore out tho opening statement of the Crown prosecutor, Detectives Grace and Chrystal mid Mary Shailer and Annie Wallam also gave evidence, and were cross-examined ab considerable length. Mr. O'Meagher did not call evidence, but addressed the jury. His Honor summed up the case, and the jury retired at half-past 5 o'clock, and returning shortly beforo six, with a verdict of guilty. Sentence was deferred, as there is a further similar charge against the two prisoners in conjunction with a third. The Court then adjourned until 10 o'clock next morning.

POLICE COURT.—Wednesday. [Before Dr. Giles, 11.M.] Drunkenness.— first; offenders wero fined 5s and costs, or, in default, 24 hours' imprisonment, Henry Baratow was fined 10s and costs, with the alternative of fortyeight hours' imprisonment. Houses of 111-fame. —Adra Morgan was charged with being the reputed occupier of a house of '111 fame situated in Albertstreet, coutrrry to By-law 37, Section 3S, of the Auckland City Council. Inspector Hickson '.-.inducted the prosecution, and Mr. T. Cotter appeared on behalf of the City Council. Evidence was given by Sergeants Clarke and McMahon as to tho character of the house. The dofendanb stated that it was her intention to leave the house next Wednesday, and go to the country. His Worship said he had no wish to fine the defendant. He would

postpone his decision until next Wednesday. If the defendant) had left) the house on that date, there would be no occasion for her to appear in Court. A number of other cases were called, bub as Mr. J. O'Meagher, counsel for the defence, was in attendance at the Supreme Court, Inspector Hickson asked for a remand to next Tuesday. The cases were accordingly adjourned. As the defendants left the Court, one of them behaved in a very noisy manner. His Worship ordered them all to be brought back. He inquired which of them was the offending party. He said he wished them to understand that behaviour of that sort would not be allowed in Court, and if repeated again, would probably result in the offenders being sent to prison.