LAW AND POLICE.

New Zealand Herald, 12 March 1901, Page 7

LAW AND POLICE.

SUPREME COURT.— Sittings. . Monday. ~ The criminal sittings of - the Supreme Court, '. Northern District, were continued to-day before His Honor Chief Justice Sir- Robert StUt 'CONCEALING AN INFANT. Amelia Whiteman, who pleaded guilty to the concealment of her newly-born infant at ~i Freeman's Bay, came up for sentence. Mr. Tylden, who appeared for the accused, asked that she might bo admitted to probation, and sjterwards spoke in extenuation of tho offence, instancing the suffering through which she had passed. His Honor, in passing sentence; said if this had been ; her first child . he should have admitted her to probation, , but the Act ■ would not apply to her case, as it was one for first offenders, whose character previous to the offence was good. Prisoner was then sentenced to six months' imprisonment with hard labour.' INDECENT ASSAULT. -

James Wallace, found guilty of indecently assaulting -a young girl under the age of 16 years, came up for sentence. .Mr. F. E. , Baume, who appeared for the prisoner, handed in letters as to his previous good character, 1 and placed Messrs. W. 11. Cooper (manager of the Waikato Coal Company), P. A. Smith, and Walter Swift in the witness-box to give evidence. All three spoke well of the prisoner. His Honor, in addressing prisoner, said he would not pass the extreme penalty provided by law, nor would ho aave i:i him flogged, as he had power to do. .It seemed that prior to the offence prisoner had v ' borne a good character, but': at the same - time it would bo impossible that such an attack on a young, child could bo overlooked. • The prisoner was then sentenced to four •■'."■: years' imprisonment with hard labour. ASSAULT CASE. '/' ' ■•' A young 'man named Charles Moylan, '".•/'found guilty of assault and, causing actual §'\iji-'. bodily harm, came up for sentence. His J s V Honor said ho had considered accused's case, .and. had decided that it was one that might .'1 be given the benefit of the . Probation Act. /-•' He advised the 'prisoner to keep away from the drink, which appeared to have led him into the present trouble, and' to curb his .'tongue and temper in future. His Honor then admitted him to probation ' for 12 , months, ordering him to pay 7s 6d a month . towards the prosecution during- that time. ALLEGED WIFE MURDER. i The fresh trial of Rawiri Te Au, the native .. charged with the murder' of his wife Hihi ■ ' Kiwi, at Miranda, was then commenced. The Hon. J. A. Tole conducted the- prosecution, and Mr. J. R. Reed appeared for tho accused. Mr. George Brown acted as interpreter. ■ It was brought out in the evidence for the prosecution that the boy Hori Tame- . hana, when witnessing the alleged murder ;'.'■'. I of Hihi Kiwi, was looking through a sweet -.briar bush, with but few leaves on it, and not through' furze, as suggested by certain : of the witnesses in the original trial of Ra- • .-•'; wiri. The briar bushes ran down the incline some distance in the direction of the beach. ■v. The boy Hori Tamehana again corroborated his previous statement as to ' witnessing, the assault, and Puna Rawiri■ gave evidence as ■ to going to the place where Hihi Kiwi was lying on the beach on the occasion in ques- . . tion, at the instigation of her father. Her statement varied somewhat from that pre- ;",;;; viously given, she now stating that accused v : was not drunk when ho came, home that .night, and that she was not prepared to swear .as to whethor he had said to her that the _. deceased had fallen off the horse and been ; -kicked, or merely had a fall. Constable i .;•-..: Stanyer stated that a boy crouching whore * it was said that Hon Tamehana was could 'plainly see any persons on the beach. Tho : briars were yards apart, and could bo easily vseen through. The case for the prosecution ■ '-concluded with, the evidence of Detective Maddern, who corroborated the statement that there was no. difficulty in seeing from :; .the-bush to the beach if the person behind the bush was in a" crouching position. The Court then adjourned to next morning. . POLICE COURT NEWS. -.' Mr. H. W. Brabant, S.M., presided at the Police Court yesterday. - _ Drunkenness: For this offence Martha Me Manus was. fined 10s, or in default 48 hours. William Betts, an old offender, was sen- ' ° teneed to one _ month's hard labour. John ■McKemish, alias Thomas MeCormish, was -fined 20a, or in default seven days. A similar charge against Harry Boyson, alias John- ! son; was adjourned for three . weeks to allow accused to pay 28s 6d medical charges and cab fare. ; Annie Edgecomb, alias < Wood, was fined ss, or in default,.; 24- hours. ( , .Two .;"- first offenders were convicted and discharged, • and another, who did not appear, was or- ■-..-!-' dered to pay 10s out of bail money. Threatening Behaviour: W. G. Cassell and 6. W. Thompson, for threatening be- ■ •.■■"■■ haviour towards each other in Upper Queen- ' Street, and thereby occasioning a broach of th» peace, on Saturday night, were- fined £1 -. each, or in default seven days. . Obscene Language: A young man named , William Chappel pleaded guilty to a charge of using obscene language in Upper Queenstreet on Saturday night. Mr. Baume, who appeared for tho defendant, asked His Wor- • ship to deal leniently with him. His Worship allowed an adjournment until the afternoon so that evidence of defendant's character might be taken. William McDowell, a working mate of defendant's, and boss of .his department, deposed that the latter was not in the habit of using bad language. His .Worship admonished tho accused, and dis- :; missed him on his entering into a recognis- . ance to come up for sentence in. six nvmths if called upon. ; -' Cruelty to a Horse: B. H. Davies was . .■ charged with cruelty to a horse at Devonport, by working it whilst suffering from a sqre on the shoulder. Constables Williams "-.::. and Miller gave evidence for the prosecution. Mr. W. J. Napier, for the defence, contended that, though a technical breach of the Act had been committed, the nature of the .'■:.' horse's sore was not grave. The defendant .. ,Was convicted and fined £3 and costs. .

Dismissed: Two youths named John Macready and George,. Blake pleaded not guilty to a charge of assaulting another youth Oamed , Joseph Jessia at Epsom on February 11,. .Mr.- Gregory appeared .'for the defence, ihe evidence showed that a brawl had ccsurred, in which the defendants wero alleged to have been the aggressors. The .defence S'aa that the accused wore joking with complainant without any idea of fighting, and that the latter was the first to strike them. His Worship administered a caution to the defendants against accosting. passers-by, av.d ordered them to pay the expenses of the witnesses for the prosecution, Sub-Inspector Mitchell consenting to . withdraw the information. The case was then : dismissed.

(Before Mr, T. Hutchison, S.M.) Discharged: A charge of theft against Johanna O'Brien was dismissed, there being in- : sufficient evidence. ' Assault: Annie Alice Wright pleaded trinity to assaulting Samuel Albert Holt, and Was bound over in one surety of £25 to keep the peace for six months'. James Worbaya, stepson of the last defendant, was charged With a subsequent assault upon the same com- ; plainaut. '. The defence was. ah absolute rien'BJ. Mr. McGregor appeared for the informant. The evidence was of a contra- • ti?*9 l X nature, and after hearing both sices ■ VP 1 ? Worship dismissed the information. Alleged Assi.ult: Edward Dooley pleaded ■ »Pt guilty to assaulting William Tang by striking him on. the face with Ins clenched nst in Grey-street on Saturday. Defendant > was; remanded until to-day, bail being allowed in own bond of £20, Brothel: The charge against Elizabeth ?neller of allowing a part of her premises in Look-street to be used as a brothel, which ■::■ was partly heard last Monday, came up for second hearing. Defendant called alter f?Weton, with whom she lived.' The latter said ti,. statements made as to the uhaticter »J : the house were not true, as far as he Knew. He was 8 sailor, and did not know wnat might take place during his periodical , Bwences. Defendant also gave evidence on ' Z OWn c lV e]ialf - She atatetl, that the evi- ; nce, of Mary Donovan, a previous witness. ,2?' t0 men visiting the house; was untrue. ;; JJonovan must, have made the statements « & 8 S! te - His Worship said that having Brnvll m a L se -, lie considered it was, clearly to J* . rhe , c M ondallt was fined £10 and Went ° r m default two months' imprison-