LAW AND POLICE.

New Zealand Herald, Volume XXXVIII, Issue 11787, 17 October 1901, Page 7

LAW AND POLICE.

POLICE COURT NEWS. Me. Thos. Hutchison, S.M., dealt with tho business at tho sitting of tho Polieo Court yesterday. Drunkenness: Mary Hamilton was fined 10s, with the option of being imprisoned for 48 hours, for drunkenness. Robert Sullivan unci Frederick Poulson were each fined ss, with the alternative of 24 hours' imprisonment. Three first-offenders were convicted and discharged with tho usual caution. Threatening Behaviour: Anthony Lyttelton Musgrove was charged with behaving in a. threatening manner in Queen-street, whereby a breach of the peace was occasioned. Accused pleaded guilty, and was fined £1, the alternative being olio week's imprisonment. Three Charges Frank Small, a young man, was convicted of drunkenness and for furiously driving a vehicle along Queen-street, and for threatening behaviour in tho samo street. Small, who pleaded guilty to tho charges, was fined £1 for each offence, with an alternative of two week's imprisonment. Two Stowaways: Two men named John Dunn and John White were charged with stowing away on tho Union Company's steamer Taieri on her recent trip from Westport to Auckland. After the evidence of the captain of the vessel was taken. His Worship ordered each of tho accuscd to pay their passage fare (£3), or in default to undergo three weeks' imprisonment with hard labour.

Theft of Money: Ernest Towers, a young man. pleaded not guilty to a charge of th"ft of £2 of the moneys of Arthur Francis Harrison Mr. Hood represented the accused. Harrison, who said that lie was a storeman employed in a local firm, gave cvidcnco to the effect that on the 22nd ult. ho gave accused £2 to " back a double" on this Avondale races that were being held on that day. Witness met accused a few hours subsequently, and accused told witness that he had "laid th'.i money on" the horses witness had mentioned The two horses that witness had is keel accused to " put the money on" eventually won, and when witness saw the pe-c-used concerning the dividend accused said that the bookmaker whom he had betted with refused to "pay .if" until the race meeting was ovci. A ft w days afterwards the accused was missing from the city, and witness was uuHblo to discover accused's whereabouts. The bookmaker with whom -he bet was supposed tc have b?en made gave evidence, o- d said that tht accused had not backed any horses with him The defence, as shortly outlined by "Mr. Reed, was that the accused was of opinion that the horses he was asked by witness to " pu f the money on" would not be successful in the events, and thought that the money would be better in accused's pocket than handed over to the bookmnkets. Mr Reed fnrthei stated that tho £2 had, since accused's arrest at the Thames, been refunded to Harrison. His Worship conth ted the accused, and on account of his rev ions good character remanded bin ' til '''iday perilling a report from the probation cf.icer.

Exporting Oysters: The case against Clias. Bishop, sen., and Charles Bishop, jun , who were charged last week with exporting eight sacks of oysters from the colony, was finally concluded yesterday. The statement for the defence was that a man named Johnston had purchased the oysters from Bishop's son, who acted as agent for his father's business, and that the purchaser handed a folded shipping note to him and requested young Bishop to bav? the oysters put on hoard the liner Zeatandia, and that thus defendant was an innocent agent. In delivering judgment, His Worship said that it had been shown that .he defendant, Bishop, jun., himself packed md addressed the oysters to a firm in Sydiey. and employed a carter to put them on board a steamer sailing for Sydney. Theie was n-» doubt that this person was primarily concerned in the shipping of the oysters. But even if he could accept ihe view tl at Johnston paid for the oysters and directed them to be shipped, and that Bishop, inn., was an innocent agent, as urged by Dr. Laishley. wnich lie was unable to do, he did not i-liink ho (Bishop, jun.) got rid of bis responsibility under the Act and Order-in-Council. Bishop, jun., was fined £5 and costs £1 16s. With regard to Bishop, sen., it was not shown that- he was cognisant at the time of the transaction with Johnston (assuming it was genuine), nor of the shipping of the oysters by Bishop, jun. The question, therefore, in this cas"s vra.s whether he was liable for the act of bis agent (his eon), There were numbers oi cases upon this point, and tho rule tc be deducted from them was that one must look at the particular statute dealing with the offences and decide whether upon its construction the principal was intended to be made responsible for acts dene by hie agent in contravention of the statute, and whether such acts were done within the scope of his employment. A conviction "i'-y would be entered against Biphop, sen. Dismissed: On the information of James Benton (ranger in the Mount Albert distr>t) William Blaney was charged that he did at Morningside rescue four horses seized for 'le purpose of being impounded Mr. Baxter represented the prcseeution and Mr. Reed *ppeared for the defendant, who pleaded not gunty. The evidence for the prosecution went to show that Benton found the horses in question straying on a road, and was drivng them on the way to the pound, which he had charge of, when the defendant interfered, ana through his action Benton was unsuccessful in getting the horses into the pound yard. The defendant, in his evidence, declared that Benton, who was driving a couple of horses along the road, frightened defendant s horse, which was tethered to the back of his cart, and in consequence of this defendant horse broke away and got amongst the horses Benton was driving. In the attempt to rescuc his horse the others bolted off in the opposite direction to the pound. Jais Worship held that there was no case, and dismisses the information.