LAW AND POLICE

New Zealand Herald, Volume XXXIX, Issue 11952, 29 April 1902, Page 7

LAW AND POLICE

SUPREME COURT.-Criminal Sittings. JSpJ ."■.,'■ Monday. ), .-■■■', - Bui'GßK proceeding with the chamber i siting at the Supremo Court at eleven a.m., His Honor Mi. Justice Conolly passed sentence on prisoners who had pleaded guilty in the lower Court. : •" JRSCAriNO MOM LAWFUL C3ST6DT. I Rhoderick McDonald, who pleaded guilty to escaping from lawful custody at Wangauui in February last, and with breaking and entering and theft, when called upon stated that lie had made his esixpe from Wanganui because of the frequent annoyance to which he had been subjected by an inexperienced wardoi. Ilia Honor said prisoner, who had apparently escaped with great violence, hud been' previously convicted of various offences, including assault. He then passed sentence of 12 months' imprisonment, with hard labour on. each charge, the sentences to be cumulative, and' to follow the sentence prisoner is at present undergoing. MAKING A KAI.HK HTATKKKXT. Joseph William Cole came forward for sentence for making a false statement in connection with the birth of a child. Mr. Brookfield, who appeared for the ac Bused, urged in extenuation that accused had not recognised the- full import ot his arime. and called Mr. Arthur Gibbs to attest to the good character the, prisoner had always borne. Addressing prisonoi, His Honor said prisoner was probably not aware that ho had icon guilty of a very serious crime in making :h« statement, and did not appear to have aeen actuated by any bad motive. He did lot consider the case one for imprisonment, Bid convicted and discharged the prisoner," nflicting a line ot £5. YOUTHFUL OKFKNDEr.S. Alfred Nelson Strong, Herbert Strong, Walter. George Rix, and Colin Mclntloe Jrash, the four young lads, ranging from nine 0 13 years of age, who were some time back tonccrned in a series of thefts from dwellings tbout the Mount Eden district, wore then wiled. Mr. J. R. Reed appeared for the boy hash, and called the mother and the Rev. jray Dixon, M.A., to speak to the lad's previous good character. His Honor, addressing the prisoners, said it was a very sad hing to see four young boys like them going torn house to house and breaking in ami dealing things. Counsel asked that, they ihould he let go. perhaps to go away and :hink that t key were very fine fellows, and ;ommit further crimes. It was indeed a hocking cast, as three of them at least were mite old enough to know better. His Honor hen committed the boys to tho Burnham Industrial School. THEFT FROM A DWELLING. A young man named William Cochrane, rito had pleaded guilty to theft from a Swelling, was the next to come, forward lor pntence. Mr. Reed, who appeared for tho >rh?oiier, said that up to tho time of the tffencos the accused had borne an excellent. iharftotnr. He then called witnesses in suplort, including Messrs. R. 1. Graham, E. E. Pole, S. E. Hughes, Wm. Cochrane, (father f the prisoner). R. Hellaby, and T. 11. White, idio attested to tho good reputation for lonesty the prisoner had previously borne. "ho father stated that up to the offence for diirh accused came up for sentence he bad ;ivoii no trouble, and witnos-i had heard no lad reports concerning his behaviour. Some lime before the thefts witness had heard no ad reports concerning his behaviour. Home ime before the thefts bad been committed he prisoner had been under the treatment of _)r. Parke*, suffering from mental derangelent. Cross-exam'' led by Mr. Shera. witness aid accused had won > considerable sum of mney at the race , about 12 months ago. Iter which lie went to Waiteknuri to work 1 one of the mines. Tn*answer to His Honor, fho remarked that the probation officer's sport was to tho effect that while at Waitoauri the prisoner had associated with bad ompany, witness said ho was not aware that tich wan the case. Dr. M. 11. Pavkos gave vidonco as to having attended accused in iflptembo. last for mental trouble. Detaclive Kennedy stated that accused had woiked W tho Kauri Timber Company, and up to Hat time he bore a good character. He won !100 on a "double" from a bookmaker, and laving his employment quickly %vent tin ugh is money. Subsequently ho went to \* >>teauri, where ho remained a year, and V hen e returned he was a great drag to his father, le had stopped at various boardinghouscs. nd bad committed thefts in each. Accused ad given false names to the police. One of lie warders at Mount Eden said be was of pinion that accused was perfectly sane. His lonor read the probation officer's report, hich was very unfavourable to the accused, lis Honor refused probation, and imposed a Juitence or six months' imprisonment, with ard labour.

1 IIANKHCr-TCr BITTING. His Honor then dealt with the following mrttrupfcy applications :Alexander Forsyth 'orrfe. bankrupt; motion for discharge. Mr. teed in Support, and Mr. T. Cotter to opose. on behalf of Selywn Mays, a creditor, iter hearing counsel His Honoi decided to ispend the discharge for 12 mouths. Charles Ibert Bloom field bankrupt; motion for disImrgo. Mr. Brook field in support. Appliation granted. Patrick Flanagan, bankapt; motion that proof of debt of bond and ill be admitted. Mr. Cotter in support. Aplication granted. ; POLICE COURT NEWS. Mr. H. W. Brabant. S.M., presided ..t the olice Court yesterday. „,. 'Drunkenness I For this offence Francis s«epb Molloy was fined 20s, or in default iveu days' imprisonment, and David Foruson 10s, or in default 48 hours. Frederick •allan was fined ss, or in default 2-1 hours' iijirisonment. Theft: A young mini named John Charles IcAuley denied the theft of a coaf. valued : 20s, the property of William Bowler. Mr. [artin appeared for the accused, and Subispector Mitchell prosecuted. The eviance of Bowler showed that ha wart staying fan urban boardinghousa, and found acsed asleep in his Led on Saturday. WitUS woke him ur> and requested him to go. eci»ed went downstairs, and Bowler noticed iat the man was wearing one of his coats, unstable Fitzgerald said when he arrested ie accused he was apparently suffering from le effects of drink. Mr. Martin admitted ie facts, and submitted that there was no iminal intent shown, but there was eviwice of trespass. The man went to the nise and was in a dazed and silly condition, Id he took the cut not knowing what lie as doing. If His Worship would impost! fine, accused's brother-in-law would tend m away and apply for tho issue of a probition 'order against him. His Worship id, although accused was not a first-offender, > would take into consideration the fact at he had behaved himself during the past years. He must conclude from the evince that accused did intend to steal the I at. A fine of 40s was imposed, or in default ie month's hard labour, and a prohibition tier issued against accused. Dismissed: A fireman named Charles W inirn was charged .vith the thoit of a number articles of clothing, valued at £2 14s sd, e property ot John Brown, on the s.'. mgariro. As the police offered no evidence e case was dismissed. . The Mountain and the Mouse: A child tried Hedley Taylor was charged, on the formation of Constable Dart, with riding i the footpath in St. Stephen a Road, I aril. Hub-Inspector Mitchell said there was i one in the street at the time. His Vorip said on the score of the age ol the child would discharge him, on promising not to it again. , , ~,, , Negligent Driving: David Elder was awed with negligently driving a horse and Iky around the coiner of Now North Road, ngdland. and further, with being drunk lile in charge of a horse ami sulky, and riously driving in New North Road. Mr. irtin appeared for the accused, who pleaded t guilty, "nd Bub-Inspector Mitchell prorated. Edward Sanclall. horse-dealer, said January 21 last he was proceeding home a trap in company with his wife, He heart noise of » vehicle coming along the road if it, had bolted, from the direction ot Brnineside. It was a bright, moonlight iht. The horse, on approaching the trap, is galloping as fast as it could, and had a in driving it. Witness pulled hi! horse Mr to the water channel, but Mil the othei horse dashed up M came broadside on, , and crashed ■o the vehicle driven by witness, and the ilft pierced witness' leg. Witness was Brown out, and his wife was (brown under B horse's heels. The vehicles were all Igled up. Witness noticed the man in the B. vehicle whipping the horse when it was preaching. Witness bad been crippled rough »he accident, »nd had; .been routined 1 his bed tor two months. William Mmmll Hd that about ten O'clock on the night in Best ion a horse and trap galloped past him B the road, fit the directum of Mount AlHrt. A few minutes later the vehicle driven 1 defendant passed at a. furious gallop in me posite direction, and .shortly after Witness Bard a trash ami a .cream. Witness further rroborated the evidence given. Fv.dene e Is called to id.ow that the accused was sen ivin« the trap furiously, and that hjWM Mder the influence of liquor. Mr. Mart ltd he could not dispute the he*". ot the Hence, but be was quite prepared to meet charge of d«toßk«oflM. l^W' *"; H'.'ou* one, and he would call ft* I™™'?1™™'? £ .'deuce as to that charge His Worn hip :d there was no evidence to show that tho Bin wss drunk at the .me <>, £« office, M, there was evidence to slow that be wa Hi altogether solm.' He could not,• there■re. hold thai the man was drunk. AW. artin Mid he would then w.tudraw lib p.«* W not guilty. , He pointed mit that the cBiihlw in the employ WMmaSm Bsed was In the employ Mr 1 . , V, „' i 1* was looked upon as a reliable driver. Bte man had taken the horse out on tuai/

prior to purchasing it. During the drive the horse jibbed, and became uncontrollable, going off at a gallop. This took place two or three times and at last it jibbed on top of the Kingsland hill, and the only way to induce it to start was to turn its head down hill find having done this the horse felted. Mr. Martin ]■ also ; pointed out that, accused had best) some time in the hospital, recovering from the effects of the accident. His Worship said he thought the fine should lie a substantial one, looking at. the matter from a public point of view, and the evidence had been conclusive of improper driving. A fine of £5, and costs £3 ss, was imposed on the charge of negligent driving. The charge of drunkenness while in charge of the trap .was dismissed, and the remaining charge withdrawn. Remanded: Albert Green was remanded till Wednesday on a charge of assaulting John Sullivan at Henderson. Prohibition Order: A prohibition order was granted against Henry Hawks. A Trivial Case: Henry Nieholls was charged with assaulting a child named Henrietta Sawyer, at Remnera. on April 19. Mr. Martin appeared for the father of the child. William Henry Sawyer, and Mr. Reed for Nieholls. Sawyer said he was constantly annoyed by the defendant, and he wanted him bound over to keep the peace. A small boy. who had to be placed on a choir in order that he might bo seen by the Magistrate, deposed that he saw the girl Sawyer struck by the defendant. Mr. Reed said defendant was justified in striking the child, as it had struck a younger "one in his presence, and he intervened to reprimand it. His Worship said the parties had evidently been baa friends, and it was to be regretted that they did not settle it between themselves. The action was a most imprudent one on the part of the defendant, but he must be bound over to keep the peace for six months, in his own recognisance of £10, and to pay costs, 21s. * i ONEHUNGA MAGISTRATE'S COURT. A sitting of the Magistrate's Court was held ft Onohunga yesterday, Mr. T. Hutchison, M.M., being on the Bench. Onehunga Borough Council v. Gebrgn W. Geach, claim 7s 6d for water, alleged to have been supplied to defendant's horse. Tho plaintiff was nonsuited. Thomas Guenen v. Thomas MeGarron, claim £26 12s 6d. Judgment for plaintiff for £1 3s, with costs £1 2s.

ONEHUNGA POLICE COURT.' Mi. T. Hutchison, S.M., presided at the Onohunga Police Court yesterday morning. when the following cases were dealt with ; — Charge of Theft: Two boys named Stephen McOarth mid George Collins were charged with the theft of a silver watch chain and silver matchbox valued at 15s, the property of Arthur Hill. Arthur Hill, bootmaker, deposed to leaving a vest containing the articles in question in a shed, while he was working at Suttie's boot factory in Onehunga. The vest was stolen. Const McCarthy deposed to arresting both the accused, "when Collins handed him the chtiin, and McGarth the matchbox His Worship discharged the defendants upon their fathers giving a guarantee for their future wood conduct. Breach of By-law: William Sands and William Winter wore each charged with driving cattle through Queen-street, Onehunga, contrary to the borough by-laws. Roth defendants pleaded guilty, but said they were not aware that they were breaking die law. Hi« Worship nointed out that according to a by-law recently brought into force by the Onehunga Borough Council it is not permissible to drive cattle or sheep alone QueenStreet, Onehunga, between Trafalgar-street and Captain-street. As the defendants were the first to he charged with having done r.o, they would be convicted and discharged with a caution.