LAW AND POLICE.

New Zealand Herald, Volume XXXVI, Issue 11162, 7 September 1899, Page 3

LAW AND POLICE.

SUPREME COURT.—Crisiinai Sittings. [Before His Honor Mr. Justice Conolly.] ALLEGED BREAKING AND ENTERING. Arthur Sutherland, a middle-aged married man, living at Drury, was charged yesterday that on August 6, at Karaka (near Papakura), ho did break and enter tho dwelling-house of Arthur and Leonard Clark, and steal 2661b of kauri gum; and secondly, that on August 8, at Drury, lie did receive and have the said gum, the same being stolen, he well knowing it to have been dishonestly obtained. Prisoner pleaded not guilty. The Hon. J. A. Tole prosecuted for the Crown, and Mr. Tlieo. Cooper appeared for Sutherland. The Clarks, it appeared, had a quantity of kauri gum, which they kept in a hut at the Karaka, where they had a ploughing contract. They were in liio habit of going home (six miles away) from Saturday to Sunday, and oil returning on Monday, August l, they found the place had been broken into, and the gum missing. A few days later the prisoner, who lived six miles away, sold some kauri gum to Mr. G. W. S. Patterson, in Auckland, and among the gum were several pieces which tho witnesses, Arthur Clark, Leonard Clark, •mid Joseph Clark, said they identified as their gum. Several other witnesses were called for the Crown. Mr. Cooper called tho prisoner, who said ho dug the gum himself. His wife stated that beyond going to Drury railway station, lie was not away from homo between August 5 and 7. Other witnessos were called to show that they had seen the prisoner in possession of gum similar in quality to the exhibits in Court. The jury did not retire till after half-past five to consider their verdict. They found prisoner not guilty, and he was discharged.

'POLICE'COURTNEWS. His Worship Mr. T. Hutchison, S.M., sat on the Bench at the Police Court yesterday, and dealt with the following cases; RUNNING OVER A BOOT. Robert Wilson, captain of tlio s.s. Akaroa, who did not appear, was charged with negligently running over the Rough Rock buoy, in tho harbour of Auckland. Mi. McVeagn appeared for the Harbour Board, and stated that the defendant Admitted having committed the offence. Counsel asked the Bench to deal leniently with the case, as the affair was an accident. The Altaroa at the time was towing a raft of logs up the harbour when the damage was done. The defendant had paid somo £12 damages, and also solicitors' expenses. His Worship accordingly recorded a conviction, and imposed a fine of £2. "OFFENSIVE CONDUCT." Three young men, named Walter Dyer, Alexander Rogers, and John Miller, were each convicted of making use of an offensive manner in 0 public place, to wit, a railway carriage, between Auckland and Newmarket, to tlio annoyance of the passengers in the carriage. Mr. Beale appeared for the defence. Dyer and Miller were each fined £1, and costs, while Rogers, who pleaded not guilty, and whose conduct the Bench did not consider to have been so offensive as that of the others, was fined 10s, and costs. BREACHES OF THE BY-LAWS. James Moir (doctor was charged with driving his gig along the footpath in Williamson's Avenue, Grey Lynn. The defendant pleaded not guilty, and Sub-Inspector Wilson called evidence in support of the charge. The defence was that the carriage road in the Avenue was dangerous to drive over, and practically impassable. The defendant did not deny that lie had driven on the footpath. His Worship said the fact of the main road being in a very bad rendition, supposing ib was proved, was no defence. The defendant would be fined 10s, with costs 7s. Ernest Yates pleaded guilty to riding a bicycle upon the footpath in Mount Eden Road, a fine of 10s, and costs 7s, being inflicted. Harold Whitehead, a boy, on a charge of throwing stones in a public place, the Mount Eden Domain, was convicted and discharged with a caution. A charge against Patrick Joseph Nerheny,of obstructing the corner of Crummer and Ponsonby Roads, by leaving his horse standing on the footpath, was dismissed. DRUNKENNESS. , •Tames Lovett, third offence within six months, was fined 10s, in default 48 hours' hard labour. Two first-offending inebriates were cautioned and discharged. A CHARGE OF FRAUD. A yovng man, named Edward Francis Fellas, was charged that he did obtain 15s credit by fraud, viz.. by representing that he was a traveller in the employ of Arch. Clark and Sons. Mr. Jackson Palmer appeared for the prosecution, which was of a private character, on behalf of the informant, Elizabeth Parker. After hearing evidence, His Worship discharged the accused, who was undefended by counsel. ALLEGED FURIOUS DRIVING. The partially-heard case, Police v. James Edward Wheeler, in which the defendant was charged with furious driving in Custom-street West, was concluded before His Worship Mr. H. W. Brabant, S.M., in the Magistrate's Court. Sir. Parr appeared for the defence, and called further evidence. His Worship said there was such a conflict of evidence that it was impossible to convict, and the case was accordingly dismissed,