LAW AND POLICE.

New Zealand Herald, Volume XL, Issue 12239, 7 April 1903, Page 7

LAW AND POLICE.

POLICE COURT NEWS. ({JR. H. W. Brabant, S.M., presided at the 'police Court yesterday. Drunkenness: Two first-offenders were convicted and discharged. James Givon, for a second offence, was fined 10s and costs, and Robert Purce'l and John Murphy 5s each. Charge of Vagrancy Dismissed: An elderly man named Richard Willis, charged with being an idle and disorderly person, with insufficient lawful means of -support, when called upon said, " It's all nonsense, sir," and subsequently pleaded not guilty. Constable Macklo gave evidence as to' finding the accused camped in a tent on a small Education Board reserve to the rear of the Newmarket public school. When advised to Jeavo, the man refused, and threatened witness with a slasher. Several other witnesses were examined, but after hearing the evidence His Worship dismissed the information, holding that it had not been proved that the accused was a vagrant or without sufficient means of support. Alleged Theft: Two small boys named Herbert and ■ William Collins were before the Court on charges of theft, there being three counts. The first covered the theft at the Auckland Domain of a leather purse containing 16s 6d, the property of H. Davis; the second, theft of a silver watch at Rernuera, valued at £1 15s, the property of E. H. Strong; end the third, theft at the Domain of a silver watch, valued at £1 10s, and Other articles of the total value of £3 103 6d. Sub-Inspector Black asked for a remand to enable the police to make further efforts to trace certain of the stolon articles not yet recovered. A remand was granted till Thursday morning. A Deserter: John McCarthy, who pleaded guilty to being a deserter from H.M.s. Archer, was ordered to be put on board his vessel. Admitted to Probation: Ann Hannah, con-' victed last week on a charge of .hop-lifting, was before the Court for seutbnco, which had been <:sferred pending the report of the probation officer. This stated, that the Offence was the first of the kind, though the woman had been previously convicted of drunkenness, and advised that probation be granted. His Worship granted probation for two months, and expressed the hope that tlio case would provo a warning to her. Air. C. E.' S. Gillies appeared, instructed by Mr. J. R. Reed. Alleged 111-treatment of a Horse; Two young men named James French and Frank Co wen pleaded not guilty to the charge of 111-treating a horse by over-driving and Cruelly beating it. They were defended by Mr. Baxter, who asked for a remand till Thursday, in order to prepare the defence, he having only received his instructions during the morning. His Worship granted a remand till Thursday next, bail being fixed at iBIO each. Alleged Desertion: Christopher Johnston, % middle-aged man, war, remanded till Thursday on a charge of desertion of his illegitimate child. The remand was granted on the application of Mr. Strathern, relieving officer for the Charitable Aid Board, who stated that the arc-used had only been brought back from H'Obart early that morning.

ONEHUNGA MAGISTRATE'S COURT. Mr, T. Hutchison, S.M., presided at the Oilfihunga Magistrate's Court yesterday. Claim for Damages: Percy George Andrews sued Charles Worrall for the sum of £15, (for damages to a Couitland waggon and contents. Mr. Martin appeared for the plaintiff, and the defendant was represented by Mr. J. R. Reed. F. J. Moss deposed that on or about December 30 last, at eleven o'clock in the morning, he passed defendant's place when he saw some pine trees being burnt. The smoke passed over the road, arid was so dense and the flame so near that he had a difficulty in getting his horse to go through it. Percy George Andrews, plaintiff, deposed that he saw smoke issuing from defendant's paddock, but could not see the fire then owing to a rise in the road. When he reached the smoke he tried to pull his horse to the near side, but when ho got about halfway through it was so dense that he could bso nothing but a tongue of flame, which Shot out and fringed the metal on the road so that his horse would not answer the rein, hut turned to face the fire. This caused the wheels to lock and so raised the front part of the waggon. Just then the horse tried to bolt, and as the wheels would not unlock, the waggon fell over, throwing him some sft or 6ft away, and scattering the contents on the road. The two near wheels were also smashed. He (plaintiff) was dazed and considerably hurt so that he was unable to do any work for three days, and no hard work for a week after the accident. His produce was also bruised, causing it to depreciate in value. He went to see Mr. Worrall a few days after the accident in regard to compensation, but the latter declined to discuss the matter with him. This was complainant's case. At this stage Mr. Reed moved.for a nonsuit, on the grounds (1) that the plaintiff had not proved that the fire was lit by defendant's authority; (2) that it had not been proved that the defendant was either owner or occupier of the land; and (3) that the accident was not the reasonable and probable result of the fire. In answer to His Worship, • Mr. Reed said he did not raise the question of negligence on the part of plaintiff. His Worship said he could not krant a nonsuit on the grounds named. Charles Worrall (defendant) deposed that the paddock in question was the freehold property of his wife. ■His sens cut down and burnt some pine trees a week before the accident by his instructions. He (defendant) did not see the accident, but his sons burnt a small oak tree on the day it happened. This tree was not burnt by his instruction. William Worrall, a sou of the defendant, said ho saw the accident. He cut tiown and burnt a small oak tree on the clay of the accident without his father's orders. No pine trees were burnt that day, the trees referred to by Mr. Moss having been burnt a week previously. The first he heard on the • day of the accident was the plaintiff knocking his hcrse about with the whip handle. Plaintiff was standing up in the waggon at the .time. The horse swerved and ran the waggon on to some big stones in a culvert, which smashed the wheels. When witness ran to the rescue plaintiff was lying on the ground, and the horse was standing quietly. The fire was never more than two or three feet high, and the whole of it could be taken up in a man's arms. Harold Worrall, another Eon of defendant, said he also saw the accident. He first saw Andrews driving along the road at a iair trot, and when within twenty yards of witness he lost his balance and his hold < f the horse's reins at tho same time. The horse swerved and ran on to some stones on the near side of the road, and the waggon collapsed. Samuel Scarborough stated that the plaintiff fetched him to visit the scene of the accident and the fire, stating that he was going to law about it. There was a small fire, but no s'moke when ho arrived. By Mr. Martin: Witness was employed by the Mount RoskilT Road Board, of which body the defendant was a member. L. Kraake said he saw the fire both before and after the accident. About as much smoke came from it as from an ordinary chimney. T'ru horse and waggon began to leave the centre of the road about a chain 'before reaching the fire. His Worship said this was an important case, and there were some questions of fact to be settled, on which legal argument would have to be. heard. The case was then adjourred until Wednesday, April 15. at Auckland, when legal argument will be heard and judgment given. Claim for Board and Lodging: Mrs. Mary (Watts claimed to recover from Walter Good- • win the sum of £1 6s for board and lodging. Judgment wat given for £1 3s, and 5s costs. ONEHUNGA POLICE COURT. • At the Onehunga Police Court yesterday morning Mr. T. Hutchison, S.M., presided. A Liquor Case: Nicholas Brown, licensee bi the Victoria Hotel, Onehuuga, was charged . 'with selling liquor during prohioited hours, namely, on Sunday, March 15 last, to Louisa .Wade. Defendant, who was represented by 'Mr. R«ed, pleaded not guilty. Senior-Con-stable Tapp deposed that he visited the Victoria Hotel at about one o'clock on Sunday, March 15, when he found Mrs. Wade in the. • .kitchen drinking a long beer. As soon as she saw him she put the glass under her cloak. He accused her of drinking beer and 'asked her if she was a bona-fide traveller. Miss Brown, sister of defendant, was present and answered his question by stating that Mrs. Wade was a friend, who had come to dinner, and was having a glass of beer with ;, ■>*• Witness visited the hotel again on the evening of that day, when defendant said Mrs. Wade had visited the hotel that day to get milk for her baby. Mrs. Louisa Wade said she lived in Grey-street, Onehunga. She was at the Victoria Hotel on Sunday, > M «oh 15. She had a glass of beer, and when she had drunk about half of it a man .in plain clothes walked into the kitchen and . B he partially covered' the glass under her rape. She did not drink the remainder of the beer because the straneer (to her) had Put his finger in it. By Mr. Reed: The -Browns were old friends of hers, and kindly Undertook to let her have milk for the b *hy. She fetched the milk every day, and .that accounted for her presence at the., Victoria Hotel on Sunday, March 15. She had dinner with the Browns that day. His Worship said before a conviction could take place ™e police ; must not only prove that the liquor had bees consumed on the premises, ' out that it had been paid for. This bad : not been done in this instance, therefore the awe would be dismissed. ,- ' Charge of Assault John Brookes, of Papa- '- l,*> I** 8 charged . with assaultingv; Frank ' waif by striking him and biting him. De- (. fendant pleaded not guilty. Frank Graff . .opposed that on March 28 he met defendant •.■,.;-■■: % Evv!;/<■:,';.■:'::.vi "■■■.■■■ •■'.-. : : ■ '■ ,- ' v ,■■.■::.'■■ -.-: .■•-.■■ -:: : ./.. ; : v'.:v'v- : -h\'' : \oyjiot

n.tower Queen-street, Onchunga, when the l if * thout any provocation, took off his coat and struck him. Defendant also bit mm on both arms and then on the thigh. Defendant said he sept for plaintiff to visit him at his boat on i he Onehunga teach to ask mm why , he bad used certain insulting and en V. language toward his (defendant's) wile They met in Queen-street and fought . out. ■ > In answer to His Worship, defendant said he might have bitten the plaintiff, W. M 7 M angry with him for insulting hisi (defendant's) wife at Papakura some time ?,? a Hls /ship said if the plaintiff'had used the words to defendant's wife as alleged, then he deserved to be thrashed for o?« 8 !°l^ lf the defendant had stopped at that then he would have dismissed the case, but the defendant acted contrary to the ethics of an Englishman in biting his antagonist, and for that offence he would be toed £1 and 6s costs. Defendant was allowed one week in which to pay the fine dismissed: Alfred King and Percy Pullen were charged on the information of Mr. Lawrence Smith with assaulting his son on SunMaroh 22 Y Mr - Pi'kington appeared tor the prosecution and Mr. Reed for the defence. After hearing the evidence' His Worship dismissed the case. The Stamp Act: MrS ' Elizabeth Yates was for Hi,7fh ? lvn , an uns tamped receipt for £3 cii October 15 last, and again on November 9 for a like sum. On defendants application, the case was remanded until next