LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10417, 15 April 1897, Page 3

LAW AND POLICE.

POLICE COURT.-Wednesday. (Before Mr. J. McLachlan, J.P.] Drunkenness.—Annie Robertson, an old offeuder, and John Kingham and Kate Hinch, first offenders, were each fined £1; in default, seven days' imprisonment Samuel. Gee, an elderly man, pleaded not gnilty to the charge that he was found drunk. He said he was only "irritated" at having missed the train to Papatoetoe, where lie worked. He was, however, convicted on the evidence of the police, and discharged with a caution. Obscene Language.—Selina Potts, pre> viously convicted of attempted suicide, was charged with using obscene language in a public place. She pleaded guilty. His Worship recorded a conviction against the accused, and ordered her to appear for sentence on the charge a month hence, to be discharged if she behaved well in the meantime. [Before J. Lennox, J.P.J ASSAULT.—MichaeI Kelly, a seaman ou the ketch Union Bell, was charged that on April 13 he unlawfully assaulted Thomas Donovan by striking him in the face with his cleuched fist. He pleaded guilty, but asserted that the affair was more of a tight than an assault. Evidence showed that the informant, also a seaman on the Union Bell, was engaged in setting the sails on the day in question when defendant came aboard the ketch and had a few sharp words with the captain about his (defendant's) wages, Then the captain went ashore and Kelly walked up to the plaintiff. After some altercation the accused struck Donovan several times in the face. Donovan then knocked him down. Accused got up, and struck the plaintiff again. After hearing defendant's statement, His Worship coneidered the assault proved, and inflicted a fine of 20s with costs. Dog Registration Acr.-Wm. Howell was charged that on March 3 hd kept an unregistered cattle dog at Lake Takapuna. Defendant did not appear, but was represented by his wife, Mr. McVeagh conducted the prosecution. His Worship imposed a nominal fine of Is without costs, as it appeared that the defendant had, since the information was laid, registered the dog. A Stray House. — Harry Byron was charged with allowing his horse to wander on Manukau Road. Defendant did not appear. The oharge was proved, and a fine of 5s with costs imposed. By • laws. — Charles Waddinghain was charged with having committed a breach ol By-law No. 25 by alteriup; a stable owned by him by putting a_u iron roof on it, without giving duo notice to the City Council. Mr. Gregory appeared on behalf of the Council. Defendant pleaded guilty, but e* plained that he did not know until after ht began the alterations that he had to notify the Council. On being told by a friend that a notification was necessary, he went to the Council, but found he was too late. Mr. Gregory said he would uot ask that a heavy fine be imposed, but the Council must make an example of some one. The man, had, after being warned, neglected to send in his notice. The Bench fined defendant Is and costs. Another similar charge against the same person was not pressed by the prosecution. Alleged Assault. — Win. Farrel was charged that on February 22 he unlawfully assaulted Ambrose Bcarpark, so as to cause him actual bodily harm. Mr. Baxter appeared for the prosecution, and Mr. Hesketh for the defendant. The counsel for tho defendant stated that he had only been informed that morning that the charge waa an indictable one, and he had prepared hia defence only to meet a charge of common assault. He asked that an adjournment might begranted till after the Easter holidays. After aome discussion it was agreed to adjourn the case for a fortnight. The depositions of several witnesses were, however, now taken. James Parker, hotel porter, deposed that on the date in question he went, in company with the plaintiff, to'the accused's shop. Fwrell and his father were in the shop. The plaintiff asked the accused something about an advertistment. Farrell said " What the do I know about an advertisement? GeC out of the shop." Accused then struck the plaintiff with his fist iu the face, knocking, him down. Bcarpark fell on the footpath outside theshop, which is a blacksmith's, and was unable to get up for a while. His left ankle was sprained as the result of the fall, in eross-eiamination witness stated that the plaintiff gave 'mo provocation towards the assault. He did not use bad language. Dr. Baldwin, of the Hospital Medical Staff, stated that the plaintiff was admitted to the Hospital suffering from fracture of the left fibula on February 23. The evidence of another witness, Wm. Casely, was called in support of the charge. The case was then adjourned. Alleged Breaking and EnteringGeorge Brackenberg was committed for trial on three charges—breaking and entering the premises of Wallace John Massey, iu Custom-street, on or about April 1, and stealing tools to the total value of 28s 6d, the property of John Massey; stealing a square and four chisels, the property of Ernest Trevarthen, on or about March 27; and stealing one compass plane, two saws, and one gouge, of the total value of 17s, the property of Robert Armiger.

PAEROA MAGISTRATE'S COURT. [BY TStiEOBAPH.— OWN CORRESPONDENT.' Paeroa, Wednesday. Several civil cases were dealt with in th« Magistrates Court to-day, including the case J. H. Einmett, of Paeroa, v. L. D. Nathan and Co. (merchant), Haucock and Co. (brewers), of Auckland (employers), and Wm. Moore and J. O'Hara, of Paerou, contractors. The plaintiff claimed under the Contractors and Workmen's Lien Act, 1892, to recover from L. D. Nathan and Co. ami Hancock and Co., the sum of £30 0a 6d, for carting timber and material for the defendants, Moore and O'Hara, on behalf of the first two mentioned firms, for the purpore of erecting the Paeroa Hotel. After a considerable amount of argument on the part of counsel His Worship dismissed the complaint against L. D. Nathan and Co. and Hancock and Co., on the grounds that the proceedings should have been taken within 60 days after the specified work over which plaintiff sought to obtain a charge had been completed. Costa £2 2s were also entered up against the complainant. Judgment wa3 then entered up against Moore and O'Hara for the amount claimed.* Another case, which the Talisman Gold Mining Company were interested parties, was that of Jame3 McAndrew v. \V. J Foubister, claim £141 8s sd; J. Hague Smith v. W. J. Foubister, claim £42 8s fid; James Watenon v. W. J. Foubister claim £34. The New Zealand Talisman Gold Mining Company, Limited, who were joined as defendants under the Contractors and Workmen's Lien Act, 1892, paid into Court the sum of £140 3a 6d, being the balance on their hands on the contract with Foubister for the erection of a battery at Karangahake. Judgment was entered against the defendant Foubister for the full amount claimed less the amount paid into court by the Talisman Company, which was allocated among the plaintiffs by the Court as follows:— J. iMcAndrew, £91 13s 3d; J. Hague Smith, £26 7s; James Paterson, £22 3s 3d. Mr. Purritc appeared for the plaintiffs, ami Mr. Jackson for the Talisman Company.