LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10423, 22 April 1897, Page 3

LAW AND POLICE.

POLICE COURT.—Wednesdat. [Before Mr. H. W. Brabant, S.M.I Drunkenness. —Walter Harkins, an habitual drunkard, was seat to Mount Eden for fourteen days, with hard labour. Mary Ann Gibbj, a second offender, was fined 10s, with costs, or in default of payment forty-eight . hours, and one first offender was cautioned and discharged. Discharged.—When the case of Michael . Kelly, charged with having, on January 5, * broken and entered the premises of Jamei : Moves, Victoria-street East, and .stoles: articles of the value of £18 ss, was called on, Sergeant Clarke said, with Bis Worship'! , permission, the police would offer no evi. ' deuce. The accused was then discharged, ■ for want of prosecution. Alleged Theft.— Burke, charged with the theft of 18s 9d from the bar of the': Waverley Hotel, was remauded till next v Monday, on the application of Mr. Cotter, . bis counsel. Bail was allowed. ' A Street •Fight.— Stewart, who pleaded guilty to a charge of fighting in a public street, was fined 10s with costs. Alleged Assault. — James Todd, an elderly man, was charged with having, on. April 16, with intent to do actual bodily harm, presented a loaded revolver at out James Hagan, and attempted to discharge ■ the said revolver. Sergeant Clarke prosecuted, and Dr. Laishley (instructed by Messrs. Devore and Cooper) appeared for the accused, James Hagau, a cabdriver, said he was standing outside the Bank of New Zealaud on the 16th, and on accused passing by, witness asked him did he waut a cab. Accused walked on a few yards, and coming back to witness, drew a revolver out of a bag he had at his back, and pointing the weapon at witness, said " Don't you insult me, or I'll blow your —- brains out." Witness told the man to go on. He put the revolver back in his bag, and witness gave him in charge. To Dr. Laishley: Witness did not provocate Todd. Two other cab-drivers corroborated the evidence of Hagan. Constable Douthet, who arrested the accused, said the revolver found on him was loaded in five chambers. Dr. Laishley said there was nothing in the evidence to show that accused had any intent to do Hagau grievous bodily harm, or to show that he attempted to discharge the weapon. His Worship said the accused must be discharged. Todd was then charged that on April 16, he was guilty of threatening behaviour in a public place, whereby a breach of the peace was occasioned. Accused pleaded not guilty. The evidence given in the first case was taken in. the second. Dr. Laishley said no breach of the peace was occasioned, and asked thai the accused be dismissed. Mr. Brabant said he thought there was a case to answer. Todd was called to give evidence. He said Hagau insulted him, by saying "Hallo, booby, have a cab, booby? Witness went on a few yards, and then drawing a revolver out held it up and told Hagan if he_ insulted him again he would blow his brains out. Witness did not point the revolver at anyone, he merely wanted to frighten Hagan, who had previously insulted him. _ His Worship said it was a somewhat peculiar case, and he intended to amend the the information to " whereby a breach of the Eeace might have beeu occasioned." Dr. aishley said in bis opinion the only charge which could be preferred against the acoused was one of common assault. The second case was dismissed, and His Worship , reduced the charge to one of assault. The prisoner pleaded guilty. He was bound over in two sureties of £50 each to keep the peace for six months. Dismissed. — Francis Small pleaded not guilty to having on April 10th stolen from on William Smith about 10s iu money. From the evidence of Smith it appeared that the money was lost in a scuffle at an hotel. Who took it he could not say. Small was one of those engaged in the scuffle. Charles Clarke, a boy, and Acting-Detective Bailey were also examined. The evidence not being sufficient to convict accused of the theft, the case was dismissed.

WARKWORTH S.M. COURT. Tuisday, April 13. (Before Mr. T. Hutchison, S.M.) Welcome. —As this was the first occasion court, Mr. Cotter, had presided over and court, Mr. Cotter, on behalf of liimself and other members of the bar, gave His Worship a hearty welcome to the district. His Wor-. ship replied courteously to; the kiudly expressions of good wishes. A. Wabin v. F. Dibble,— £17 5s 7d, Judgment for plaintiff by default of defen. dant's non appearance. Sainsbury v. Taylor,-This was a claim for damage alleged to have been sustained by plaintiff from defendant's fire in February, 1896. Mr. Palmer for plaintiff, Mr. Cottei ; for defendant. The evidence in this case was voluminous. Ten witnesses were examined besides plaintiff and defendant, and occupied the court till 6.30 p.m. After an adjournment the court resumed, when His Worship delivered judgment, and said that from the evidence that had come before him, it appeared that Taylor was responsible for the damage done on Section 2, consisting of 20 acres of grass at 16a per acre, and a kauri tree, £3 10s. The costs would be £4 12s; in all £24 2s. Richards v. Sankey.— £2 10s, fot goods sold and delivered. Mr. Cotter for • defendant. Plaintiff was nonsuited. Richards v. Armour.—Claim £4 Is 4Jd, for goods sold and interest. Judgment foi plaintiff tor £3 los Sid and costs. Butler v. Akgovk. — Mr. Cotter for plaintiff. Mr! Palmer for defendant. Claim £15 as commission on the sale of certain property. The plaintiff deposed that he was ■ a coach proprietor, and that defendant cams . to him in May last year, and stated he j wished to sell his farm for which he asked : £600, and if witness could find a customer he would give him a good commission. The usual commission charged by agents in 1 Auckland was 5 per cent, on the first £100,' and 2J per cent, on the balance, and witness claimed the same. To Mr. Palmer: I simply ' introduced the purchaser to Mr. Angove, ; Mr. S. Strongman deposed that he bought, Mr. Angove's place fpr £500. He was introduced by plaintiff to defendant, and considered Butler was well paid for his trouble by a cheque for £3. W. Angove, defen- - dant, stated that he saw Butler in May at Warkworth, and said to him, "As you are ■ . always on the road my place is for sale and •' if you can introduce a customer I will pay > you for your trouble." The sale was com. plated by me in October last. I would havt - paid plaintiff more if he had had mor« trouble. I sent the cheque for £3 as full payment for the work done. Commission was never mentioned by me. The Court considered the evidence conflicting, but also ■ considered the plaintiff was under paid with £3 and allowed Butler £710s as commission —[Own Correspondent.)