LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10429, 29 April 1897, Page 3

LAW AND POLICE.

POLICE COURT.-Wednesday. [Belote Messrs. J. M. Lennox and N. W. Pollara, J.P.-S.] DRUNKENNEss.-Three first eflenders were dealt with in the usual way. Street Fighting.-George McGarry and Patrick Boyae pleaded guilty to assaulting one another on April 17th at l>Touport. The assault arose out of a dispute between the two accused (cab drivers) aa to who should have precedence. From words they toon came to blows, and ended up in » scuffle on the cabstand. The Bench dismissed the charges, ordering both defendants to pay the costs. Alleged LißCEinr.-Sarah Dennis was remanded for eight days on the charge of haying stolen one cashmere blouse, one tweed skirt, and a cashmere bodice, of the total value of £19* 6d, the property of Jane K«r. It was alleged that the accused walked in to Donald Dinnie's restaurant on April 27, and appropriated the articles mentioned. The girl Kerr, who was employed as a servant in the restaurant, Sergeant Clarke said, saw her pick them up and walk into the street with them, and she followed the accused asking her to give the articles up. Dennis then turned round suddenly and struck Miss Kerr in the face with her clenched fist. Alleged Assault.—William Farrel was charged that on February 22 he assaulted Ambrose Bearpark, do as to cause him actual bodily harm. Mr. Baxter prosecuted, and Mr. 8. Hesketh appeared for the accused. For convenience sake two witnesses for the prosecution were examined a fortnight ago, when the case was first brought up. The evidence of Ambrose Bearpeak, the plaintiff, was now taken. His version of the story was that on the afternoon of February 22 he called at defendant's shop, a smithy, eituated in Albert-street, in company with a youth called Parker. Farrell (the accused) and his father were in the shop. Addressing Farrel, senior, plaintiff said, "I have come about that advertisement of your , * for six pit sawyers." Farrel replied, " What do I know about any pit sawyers' advertisement. Clear out of the shop." Witness said he would go out of the shep, and wait till he saw Mr. ftewaomu about it. The elder Farrel then said to his son, "Chuck the — out." Farrel, junior, walked up to witness, and saying, " You came in answer to an advertisement. Here's your answer," and immediately caught him from behind, and threw him out the door on the footpath. Witness fell, fracturing hit left ankle, and was unable to rise. Witness's companion then went to the Star Hotel to rin» up the police. Accused's father then said " Don't go for the police, and I'll give you £5" The witness was then submitted to a lengthy cross-examination, in the course of which he emphatically denied that he was druuk at the time, or that he gave any provocation, or used any abusive language iu the shop. He admitted calling Farrell sen., an "uncouth savage." The reason why he did not have the accused arrested on the spot was because he wished to get money out of his father, as he was out of work at the time, in order to support his wife and family until he was in work again. Constable Thomas Smith gave evidence as to finding Bearpark lying on the footpath outside the shop with his ankle fractured. Mr. Hesketh then addressed the Bench for the defence, and said he could adduce evidence to show that Bearpark used most provoking language in the shop. On being asked to leave by the defendant he refused, and defendant then gave him a slight push when he fell. It was not defendant's intention to knock him down or cause him any injury, but the plaintiff was completely intoxicated at the time. A large number of witnesses were then called in support of the defence. The accused, in his evidence, said he requested Bearpark to leave the shop repeatedly, and he refused. Whtn he entered he seemed "boiling for a row," and used most abusive language. Donald Dinnie (restaurant-keeper) and Robert Douglas (hotelkeeper) said that the plaintiff had beeu more than once evicted from shops which he entered without invitation, and where he made uw of disgusting language. After some consideration the Bench dismissed the case.