LAW AND POLICE.

New Zealand Herald, Volume XXXIII, Issue 10079, 14 March 1896, Page 3

LAW AND POLICE.

SUPREME COURT.—Criminal Sittings. Friday. [Before His Honor Mr. Justice Conolly.J THE CASES AGAINST ALLEY.

Albert Edward Alley, who on the previous day had pleaded guilty to escaping from lawful custody, and who was convicted on two charges of theft (contained in one indictment), was again placed in the dock and charged with stealing 32 billiard balls, and other articles, from the Newton Baths. He withdrew his plea of not guilty, and pleaded guilty to the charge. His Honor said the case was a very had one. Three years ago the prisoner had been convicted before him of breaking into a house in the absence of the occupants, tlieu breaking open a safe, and stealing a large sum of money, and for that offence he was sentenced to three years' imprisonment. He was only released on the Ist October, and immediately he was at large he was found plundering in every direction. In regard to the diamond ring there was certainly great temptation, and he considered Mr. Marshall was very unwise to leave such a valuable ring exposed on a chest of drawers when a number of workmen were employed about the house. It was fortunate that this ring and also the ring stolen from Mr. Meill had bceu traced to the prisoner, otherwise the other men engaged 011 the works, who. he presumed, were honest men, would | all be under suspicion. As to the other ring, it was placed in what might be considered a safe place. It was in a cash box, which was placed in a chest of drawers in a room which was not liable to be visited by anyone except for plunder. Then again, in this last case, to which he had pleaded guilty, he took advantage of the premises being occupied to break into them end steal a quantity of furniture and billiard balls. It appears that he was a man who could not or would not refrain from robbery. With regard to escaping from custody, he looked 011 that as a trivial matter, although it was a very foolish one, for he was sure to be arrested even if he did not give himself up. The sentence of the Court was that on each of the charges of theft accused be imprisoned and kept to hard labour for three years, the sentences to be concurrent, and for the other offence of escaping from custody, he sentenced him to one month's additional imprisonment. His Honor further ordered that the sum of £2 found on the prisoner when he was arrested after escaping from custody, be given to Mr. Weill, who had lost £3, which had not been recovered, also that his scarf ring be restored to him, and that Mr. Marshall's diamond ring be restored to him on payment of 30s, the amount for which it was pawned to Mr, Bunyau.

RAPE ON A CHILD. William Marshall, a powerful-looking man of about 27 years of age, was charged that, on the 22nd of February, at Waitekauri, he did carnally know Jeannie Elizabeth Raynes, a child under the age of _ ten years. He pleaded not guilty, and in reply to His Honor said he had no counsel, for not having any money he could not get a lawyer. In opening the ease, Mr. Tole, Crown Prosecutor, said the little child on whom the offence was committed, was only five years of age. The first witness called was the little girl, who was not sworn, but placed beside His Honor, she answered the questions of Mr. Toje very intelligently, bearing out the opening of counsel. Mrs. Rayues, who was the next witness, related the result of her examination when the child returned at six o'clock iu the evening. She said the child was five years and ten months old. The other witnesses examined were Birdie Brady (a little eirl), Phoebe Brady, Dr. Knight, William Alfred Brady, and Constable Pardy. The accused did not give evidence on his own behalf, but he called a witness named John Rauner whose evidence, however, did not help his case, The iury after hearing His Hon«r summing up of the evidence without retiring brought in a verdict of guilty, and the accused was sentenced to be imprisoned and kept to hard labour for 10 years.

BREAKING AND ENTERING. Henry Divo and Ghas. Edwin Smith, two young men, were charged that on the 24th of November tney broke into the shop of William Miller and Samuel Wm. Miller, Highstreet, and stole a quantity of boots. A second count charged the prisoners with receiving the goods knowing they had been dishonestly obtained. The jury brought in a verdict of breaking and entering against Divo and of receiving against Smith, Each prisoner was sentenced to be imprisoned and kopt to hard labour for 12 calendar months. There being no other cases for trial the jurors were discharged from further attendance and the Court rose.

MAGISTRATE'S COURT.-FRIDAY. [Before Mr. H. W. Northcroft, S.M.J

Judgment Summonses—Edward Langley (Mr. Burton) v. Richard Reams, £4 5s 2d; ordered to pay the whole amount forthwith, in default 14 days. Burns and Co. (Mr. Stewart) v. J. Haua, £8 Is; ordered to pay the whole amount forthwith, in default 14 days. William Sloan v. James Wait, £1" 10a 10J; ordered to nay balance due forthwith, in default 7 days. James R. Walters (Mr. Devore) v. Eliza Bailey, £11 5a 3d; ordered to pay 15s per month, first payment to be made on or before Tuesday, March 31. Fenton and Co. (Mr. Burton) v. J. H. Body, £10 3s 9d; ordered to pay the whole amount forthwith; ill default, fourteen days imi prisonment. Provided the judgment debtor [ pay £1 od April 10, and £1 every fourth I Thursday after until the debt be paid, the enforcement of the order will be suspended. . Nathaniel Randell (Mr. Burton) v. Charles i Bull, £1 3s 6(1. Ordered to pay the whole amount forthwith; in default, seven days. Provided the judgment debtor pay 4b on I April 10, and 4s on the fourth Friday of every ! month after until the debt be paid, the en-1 I forcement of the order will be suspended. William Monaghan (Mr. Brasaey) v. Alfred R. Greenaway, £29 Is. _ Ordered to pay the i whole amount forthwith; in default, one | month. . Mrs. Thompson v. William Darn-ton.— , Claim, £20, damages for alleged illegal dis- ; tress. Evidence in this matter was taken • last week, and His Worship now gave judgI meat for the defendant. Costs, £1 Is, were allowed. Mr. Nicholson appeared for the defendant, and Mr. Brassey tor plaintiff. Heavy Traffic By-Laws.—Elias P&scoe was charged with having used, on the Three Kings road, a vehicle for heavy traffic, without having obtained the permission of the Mount Eden Road Board, thereby committing a breach of the by-laws of the said Board. Mr. S. Hesketh addressed the Court for the defence, and submitted that Mr. Pascoe was not liable for the action of his servant, by whom the cart was being driven at the time the offence was being committed. Mr. hooper, who appeared for the Road Board, contended that the master was liable, and quoted several cases in support of his contention, His Worship said the only question appeared to be making the master criminally j'»blo for | the servant, and. he would look into the I matter and give his decision in a day or 80.