POLICE COURT NEWS.

New Zealand Herald, Volume XLIII, Issue 13096, 8 February 1906, Page 7

POLICE COURT NEWS.

BLOW IN SELF-DEFENCE.

CHARGE AGAINST A GUM

MERCHANT.

An* able-bodied man. n Lined James William Rnwnsley wr.s charged, before MV. C. C. Kettle, 8 M., at the Police Court yesterday, with assaulting Joseph Guy so as to cause him actual bodily harm. Sub-Inspector Black prosecuted, and Mr. McVcagh defended.

The complainant said lie was 60 years old, and was a gumdiggor. On November 17, 1905, witness visited the accused's gum store in Chancery Lane, and asked him for a job, and he replied, "We are busy; you had better clear out of this, Joe." When the accused told witness to go, he (witness) turned round, and fell to the ground and broke his leg. He did not remember very much, only that a policeman came along, and asked him to get up, but he could not, do so. H) also remembered being taken to the hospital. He did not remember anything more. He was not struck by the accused. He knew the accused. Annie Hall, a tailoress, said she saw the accuscd strike the complainant on the neck. The complainant then fell down. To Mr. McVeagh: She believed one of the accused's eyes was black. Elsie Hill, another tailoress, gave corroborative evidence.

Dr. Gore Gillon said the complainant was suffering from a broken leg. Witness applied splints, and sent him to the hospital. Guy was under the influence of liquor. Constable Mulooley said he found Guy lying on the floor of the accused's gum store wit.ii his leg broken, and accompanied him to the hospital. In answer to Mr. McVeagh, witness said at'the time of the alleged assault the accused told witness that Guy had asked him for a shilling, and upon accused refusing to give him the money lie (Guy) stvuck him a blow in the eye, and he (accused) pushed him. The accused (who had a black eye) also told witness that Guy rushed at him. The accused, on oath, said he was a kauri gum merchant, carrying on business with his father in Chancery Lane. On the date in question Guy approached witness near their premises, and asked him for a shilling, and witness refused to give it. He walked on, and Guy followed him. and caught hold of witness by the shoulder in a very rough manner. Guy again asked him for the shilling, but witness did not take any notice of him. Guy then struck witness a severe blow in the eye, causing it. to go black. Witness got clear of the com-, plainant, who again followed him. Guy was under the influence of liquor, and kept calling witness all sorts of names, and invited witness to fight. Witness again avoided Guy, who followed him, and grabbed at his 'waistcoat and broke his watch chain. Witness then struck Guy in order to release himself. Guy staggered and fell. Witness had no intention of causing bodily harm. William Galbraith and Francis Kelly, employed in the gum trade, gave corroborative evidence. The Magistrate said the accused had been provoked and assaulted by Guy, who was drunk. The whole trouble was brought on by the complainant. The case would be dismissed, CHARGE OF ILL-TREATING A HORSE. THE INFORMATIONS DISMISSED. Annie Gordon and her son, Oliver Gordon, were charged with cruelly ill-treating a horse by keeping it tied up while suffering from sores, and also with failing to provide it with sufficient food. Sub-Inspector Black prosecuted, and Mr. J. R. Lundon defended, and pleaded not guilty. Alfred H. Rogers, a storeinan, said on January 28 he saw the horse tied up in a vacant section in Beresford-street. The horse was suffering from sore knees, which were covered with flies. The animal seemed to be very weak. He had not seen any person attending to it. David Lee, a boy, said he had seen the horse in the allotment for about a week. It was suffering from sore knees. Witness had seen Mrs. Gordon, attending the animal. On one occasion the horse got tangled in the rope, and witness released it. Percy Roberts, another boy, said the horse showed its ribs, and. its knees were "dinted" in. Witness had seen the horse fed each evening. . Hugh Milner, who resided next to the allotment where the horse was kept, corroborated the evidence of the last witnesses regarding the sores, and further stated that on one occasion he gave the horse buc<ccts of water to drink. . - In answer to Mr. Lundon, witness said !'e had often seen Mrs. Gordon attending to the horse. She had done all she could to assist the lK>rse to recover from the sores. William Cooke, an employee of the City Council, said the horse was not in a lit condition to be alive. . ... Constable Miles said he received information about, the condition of the horse, and on viewing it found that the animal had sores on till of its legs. The animal was subsequently destroyed. Mrs. Gordon, on oath, said she bought the horse in September last, and paid £3 10s for it. It was an old horse, and was engaged in pulling a bottle-cart. On January 23 the horse slipped in klivber Pass, and injured its knees. The horse was then taken to the allotment, and witness attended to it every day. She washed the sores, and applied remedies, and also gave it plenty of food. Oliver Gordon gave evidence in support of his mother's statement. Rebecca Catider said she had given Mr*. Gordon a skin of lard, for dressing the horse's sores. Mrs. Gordon was a kind woman, and she looked after the horse. The Magistrate said in his opinion the evidence did not establish the charges against the defendants. Mrs. Gordon had done her best to relieve the suffering of the animal. He would, therefore, dismiss the informations.

PLAYING " TWO-UP."

THE CASE DISMISSED

The further hearing of the case in which Bert Jones ami Walter Whisker were charged with playing a game of chance known as '' two-up," in the Auckland College and Grammar School reserve, on January 14, was concluded yesterday. Mr. J. 11. Lund on defended. Henry C'oe, a carter, said as the result of a complaint made by him, the police visited his property near the reserve. Witness saw four boys in the reserve, but he did not see them playing "two-up." The public often passed through the reserve, but they had no right to do so. Constable Maekle said lie visited the place, and saw the boys sitting down in the reserve. He did not see them playing "two-im." Witness had often seen the public passing through the reserve Mr. C. H. Bennett, called by Mr. Lundon for' the defence, said lie was the 'esseo of the reserve, and had not allowed the public to use it. _ Whisker, on oath, admitted being there but did not visit the reserve for the purpose of plaving "two-up." He did not have any money on him, but Jones suggested that they should have a "throwin)." to- see how their luck was. He ob-t-'iiixd three coins, threw them up, and thev 'came down heads. Witness then remarked, "That's my luck when I'm broke." He then handed the pennies to Jones. . The Magistrate: You appear to have had a game of "throe-up." (Laughter.) You swear that you did not play two-up. ••Yes Jones stated that lie had money on him, but neither he nor Whisker played twoup.'" Whisker inly threw the coins up once and witness continued to do so tor a while. Witness went there with the intention of playing "two-up, but did not Splay that day. . x , ... In answer to the magistrate, witness .said he had played "two-up on the reserve on previous occasions. He was waiting for the "Newmarket mob, Jiat day, but they did not arrive.

Harold Smith said he was present on the occasion. There was no game of " twoup" played, nor did any money pass, with the exception that Whfsker returned three pennies to Jones. Constable Lipscombe asked Whisker for the kip, and ho replied that he had not got it. The constable then put his hand into Whisker's pocket, but his hand went through the pocket, as it had no bottom in it. (Laughter. ) The Magistrate said in the face of the evidence ho could not see his way to convict, as all the witnesses had .worn that "two-up," was not played. He would, therefore, dismiss the information. MISCELLANEOUS. An Austrian named Mick Markotich was charged that being the driver of a vehicle engaged to deliver goods for Mr*. Colin Mcintosh he delayed in delivering them, and also demanded more than the amount- due by the by-laws. The evidence for the defence was that the defendant could not find the house he had to deliver the goods to, as he was not given the right address. In regard to the second case, the defendant charged Mrs. Mcintosh 15s for the time he had lost in looking for the house. The magistrate said there had been a misunderstanding somewhere, and on the application of Mr. T. 0. Turner, who prosecuted, the informations were withdrawn.

Thomas Tapp, a second offender, was fined 10s, and costs 2s 6d, for drunkenness, and a first offender, who did not appear, was ordered to forfeit the amount of bail £1.