LAW AND POLICE.

New Zealand Herald, Volume XXXIX, Issue 12147, 18 December 1902, Page 7

LAW AND POLICE.

■ SUPREME COURT._I N Banco. Hh Honor Mb. Justice Conoid : held a sitting of the , Supreme Court ' yesterday ■forenoon. A HOUSEBREAKER SENTENCED. .' A young man named Henry William Will. cocks' (19) was brought up for sentence, having pleadod guilty, in the lower ': Court to charges of breaking; and entering.and burglary, and having in his possession; certain housebreaking implements. The prisons* had pleaded guilty to being the author of the burglary at Mr. Henry's store at Waixiku, and was arrested by Constable Lanigan. Mr. Tole said the police report as to prisoner's character was unfavourable, and that ho had boen previously convioted. It was stated that prisoner had been in the fi employ of a farmer, who had discharged him on account of his loafing habits. Prij soner had announced to his associates that " » he had no intention or working for a living. His Honor, addressing tho prisoner, said it was a very scandalous thing that an ablobodied man like prisoner , should not work for his living and should live by plundering other people. -He had not the slightest doubt that prisoner was a housebreaker, - and , indeed ho might have been concerned in other recent robberies. Prisonei had pleaded guilty to six serious offences, three - -"', of breaking and entering and robbery at Waiuku, and ono.of stealing and carrying off a dingey containing a sail and oars in order to escape from tho place. On November 10 prisoner had brokon into a store - at . Avondalo, and had stolen goods there- • ! > from. A numbo. of skeleton keys had been found in prisoner's possession, and ho had no doubt that tho prisoner was a professed : ; housebreaker and robber. Ho would take . good care that the prisoner was prevented from carrying on his work for some time to come. On the chargo of having housebreaking implements in bis possession he would impose the highest • sentence in his .power, viz., three years' hard labour. On each of the remaining charges he would im- : ' <poso a higher and that .would be five years' hard labour on each of the charges, sentences to run concurrently.' A LICENSING CONVICTION. An application was made by. Mr. Baume for a rule nisi granted by His Honor on September 3 last, to be made absolute. The rule nisi was in respect of quashing a con- , viotiou by Mr. H. E. Kenny, magistrate at Hawera, of a publican at Hawera named Michael Evan, for breaches of the licensing law. The 'Hon. J. A. Tole (Crown Prosecutor) . opposed the application, which was :■•■' made on the ground that when the'eharges ■ againsh Ryan were heard the magistrate dismissed certain of tho charges and reserved his decision on another ponding the i \ ' hearing of two others. After hearing these .latter charges, the magistrate had convicted * Ryan on the charge on. which he had re- .; served his decision. Mr. Baume submitted that when the • magistrate had heard two ■cases arising out of the same circumstances, • that his mind, could not be uninfluenced. Mr. i Tole put in an affidavit by Mr. Kenny - to the effect . that he had reserved his decision in order that he -might determine each separate case on its independent merits, and that his mind was not in the least swayed by the evidence* in one case relating to the othei. After hearing argument, His Honor reviewed the cases cited, and the facts. He said that an affidavit lodged by Mr. Walsh in support of the application was a very bare one indeed, and that there was really no practical difference between it and the* affidavit filed by Mr. Kenny. The rule , was discharged with costs, £10 IDs, to the respondent. ".-■"' APPEAL OASS. Mr. Baume appeared in support of a mo- I tion for leave to appeal to the Court of 'Appeal in respect of a case determined in : ; the Magistrate's Court at Pacroa. Mr. H. Campbell .opposed the application. The - ' position was that Messrs. White and Storey • v had obtained a judgment against the Ohinemuri County Council for £*7 and costs > in . respect of negligence whereby plaintiffs sustained loss of "some cattle. An appeal ■ was made to- the Supreme Court, and His •r Honor Mr. Justice Conolly had reversed the .decision. Messrs. White and Storey now applied 'for; leave *o take the case to the : Court of Appeal. , After hearing counsel His. Honor granted the leave to appeal. '' / A rjIBEOTOBATE QUESTION. : ' Mr H.i CamobeU moved for a writ of mandamus directing that Edward Anderson, of Parnell, should be recognised as a direc- ■• tor of the Coastal Steamship Company. Mr. - 'Thomas Cotter appeared for the company, > and opposed the motion, and Mr. James Dun- : I ning (managing director) was also P«*»*r It was shown.that Andersdn had acted as a director of the company for a period of three years, and that at a meeting of the company, held in May last, he was re-elected as a ; director. Rule 54 of the, articles of association of the company .provided that a director must give notice ot his nomination at least '. seven days before 'the; election, or on the other hand, he must be nominated. by the directors, and as neithe. of these previsions had been carried out his election was dis- :>-:'. puted. Mr. Campbell's contention was that .". Anderson had been •an aeting-clirectoi ot the : company, '■' and the rule applied only to- the election of- a directorate.^f the first time It was admitted that the first election of the directorate was invalid, but it/was further contended that as Anderson had been recog- . nised as a director, for three years, that his election had been ratified and was valid. > Argument on cases in point was heard from counsel, and His Honor reserved his decision, '" which will probably be given,to-morrow m . chambers.. i ~.-■ : r- • ■ ■■-

POLICE COURT NEWS. A sitting of the Police Court was held yesterday before Mr. T. Hutchison, S.M. Drunk and Rowdy: George Weldon was charged with .;■ drunkenness and causing . a breach of the peace in Queen-street. SubInspector Black Btatecl that accused -was seen to strike a man; several times without provocation. .A conviction was recorded against accused for drunkenness and he was discharged. For the second offence.he was fined 10s, with the;alternative of 48 hours imprisonment. . , , Alleged Theft: James Wilson was brought up on remand, changed with the theft at Sydney, in company with ■ others, of three boxes of ribbon, valued at £8 13s Bd, the property of Sargood, Son, and Ewen.. Accused was remanded to Sydney, where he will be taken by an officer of the Sydney police* ■""•'■■ ■ '-■-"%•"'■■ ■ "-'' ■-~:'■ i Dismissed: A Mrs. Bathurst pleaded not guilty to charges of 'procuring liquor for prohibited persons, - named Annie McCormack and Julia Leonard, at Ponsonby. Constable Dunne stated that on November 4 ho found the women in Mrs. Leonard's house in College Hill the worse for liquor. One of the prohibited women said defendant had given he., some beer. The charges were dismissed, the Magistrate remarking that it had not been shown that defendant was aware of the fact that the women McCormack and Leonard were prohibited. Old Age Pensions Act: Anna Maria Robinson was charged with a breach of the Old Age Pensions Act in obtaining £8 15s m excess oi the amount to which she was entitled by law. Mr. J. King (registrar), who was the complainant in the case, sought to recover the said amount as a, debt due to the Crown. Mr. J. R. Reed appeared for tho defendant, who pleaded not guilty. The Registrar stated that defendant was granted > an old age pension at Onehunga, and that - subsequently Lan ' inquiry was held by the magistrate, who decided that an excess of pension had been granted. The present proceedings were taken in accordance with •instructions from Wellington. The case was adjourned until Friday. ■ A Steed Astray: For being the owner of a horse that was found wandering in Hamilton Road D. Allen was fined 5s and costs.