POLICE COURT NEWS.

New Zealand Herald, Volume XLIV, Issue 13455, 6 April 1907, Page 7

POLICE COURT NEWS.

DISTURBING a volunteer

PARADE.

\ T the Police Court yesterday, before Mr R. W. Dyer, S.M., a coachdriver. named James Symons, pleaded guilty to furious driving, and to committing a breach of the New Zealand Defence Act by disturbing .i volunteer corps while on parade at Takapuna. Defendant said he had to do what he |,ad done in order to ensure the safety of the passengers in the coach lie was driving. Mr. F. K. Baume prosecuted, and called Lieutenant-Colonel Reed, officer commandin<' the troops in question, who said that while the volunteers were, on parade •it Takapuna recently defendant drove his coach through the ranks, emitting great danger to life and limb. The troops were on the soft part of the road and there was nothing to prevent defendant from driving oil the metalled portion. Witness was riding in trout of tin* hoops, and seeing lite •letion of defendant he at once called out to the men to stop him. Defendant then turned his horses, lashed out with his whip at. the troupe,, crowded the Maxim gun almost into ,i hedge, broke through the ranks and endangered the Ambulance Corps. Defendant lml no occasion to act in the manner he did.

In convicting the defendant on both charges, Mr. Dyer said he was quite satisfied that the defendant had committed a deliberate act and he would have to teach him a lesson. Defendant would be fined £5 and costs on the charge oi furious driving, and on the other charge he would be tilled £1 12s. He would also be ordered to pay costs (32ts). FAILING TO FURNISH RETURNS. James Rites and Ernest Clifton Beale were charged with failing to furnish a return of their land and mortgages on March 31, within the provisions of the Land and Income Tax Assessment Act, 1900. Defendants pleaded guilty. Mr. Win. Fallon prosecuted on behalf of the Crown solicitor. Mr. Rates said that he had been away from home for a considerable time, and had not had an opportunity to furnish his return?. . Mr. Beale said he received a notice about his returns which misled him, and had not received any subsequent notice which might have arrived. Mr. Dyer said that the defendants had laid themselves open to a penalty of £100. but lie was not going to line them that sum. As these proceedings were taken as a warning to other persons, he would fine defendants £2 each (the minimum penalty) and costs. In future cases of the kind he would impose a more severe penalty. "LARK CARRIED TOO FAR." Seven youths, named James Virtue, David and Robert Spier, Ernest Warnock, Arthur and William Welsh, and Robert McDonald, -were charged with playing games at Richmond Avenue to the annoyance of residents. McDonald was further charged with riding a horse on the footpath at Richmond Avenue. Messrs. "F. E. Baume and J. R. Reed appeared for the defendants. Sergeant Hendry called evidence to show that about eight p.m., on the 14th tilt., the defendants congregated oil the footpath near a store in Richmond Avenue, and played various games. One of them caught hold of a dog and waltzed with it on the footpath, and they also conducted a small sports meeting. When Mr. McLean, a storekeeper, asked the defendants to keep quiet, one of them told him " to mind his own business." After this McDonald rode a pony up and down the footpath. Mr. Baume said that defendant. 1 * were only having some fun, which had been carried too far. He asked His Worship not to record any convictions against the defendants. Mr. Reed pointed out that the defendants were very respectable youths.

Sergeant Hendry suggested that if no convictions were recorded against the defendants they should each contribute 10s to the Salvation Army Home. .Mr. Dyer pointed 'out that lie had no power to order the defendants to contribute towards any institution. Counsel tor the defendants intimated that the defendants would agree to .Sergeant Hendry's suggestion. Mr. Dyer described the defendants' conduct as "a lark carried too far." He would not record any convictions against trie defendants with the exception of McDonald, •who was convicted, and fined 10s and costs, on the charge of riding a horse on the footpath. Defendants were ordered to X><iy costs. A LICENSING CASE. Four men named Samuel Churches, Thos. Churches, Edmund Angove, and Andrew R. Dunn, for whom Mr. K. E. Baume appeared, pleaded not guilty to being found on the licensed premises of the St. Heliers Bay Hotel after closing hours. Sergeant Hendry, who prosecuted, called 'witnesses to show that on the 23rd nil. the defendants were seen coming out of the hotel at twenty-five minutes past ten p.m. The licensee had told the police that he had some difficulty in getting the defendants to leave the premises. Mr. Baume contended that the police had failed to prove their case, as the defendants were only seen leaving the premises, and were " not found on the el." Two of the defendants said that they lelt the hotel at one minute to ten p.m.', and afterwards stood talking on the hotel verandah for some time. Mr. Dyer overruled Mr. Baume's contention, and convicted all the defendants and fined tfiem £2 each and costs, A REHEARING GRANTED, Mr. Hackett applied tor a rehearing in lie case in which Philip Edward Sullen, a young man, had been convicted of having attempted to commit suicide by taking lysol. Sullen was examined by a doctor the day after he was convicted of the charge, and showed no signs of having taken lysol. -Mr. Dyer asked that if Dr. Owen, who gave evidence in Court, that Sullen bad taken lysol, was still of the same opinion what was he (Mr. Dyer) to do? However, be would grant the application. DAMAGING PROPERTY. William Gibson, a voting man, and a machinist by occupation, pleaded guilty to wilfully damaging a cistern in a public convenience, to the extent, of £1 10s, the property of (lie City Council. Sergeant Hendry explained that the defendant was tinder the influence of liquor and deliberately broke the'cistern. There had been several similar offences lately. Defendant was convicted and ordered to {•ay the costs of repairing the damaged property. He was also prohibited for 12 months. RESISTING A CONSTABLE. A young foreigner named John Alfred Olsen pleaded not guilty to using obscene language in Quay-street on the 30th tilt., and guilty to resisting Constable Tait while "l the execution of his duty. Constable Tait said Olsen had been

drinking. and when witness went to arrest hint la- resisted violently, kicking and ' punching witness and another constable, who had conic to witness' assistance. Defendant, also used very bad language. 01son was fined 20s, and costs 14s, or in default 14 days' imprisonment, on the first charge, and £5, or in default one month's "iiprisomnenl, on the second, the sentences to be concurrent. BITTEN BY A DOC. •lames Prentice, for whom Mr. W. J'. En•lean appeared, pleaded guilty to being the jnvner of a dog which attacked ■ Walter ihorpe. Mr. Jsndean explained that the complainant was walking past the defend-

ant s house when the defendant's dog (a fox terrier) rushed out, and bit him on the leg. The dog was destroyed on the following day. Defendant was fined ss, and costs 235. AN "HABITUAL CRIMINAL:" Henry John Atkins, a middle-aged man, who had pleaded guilty to two charges of theft from shops, was brought before Mr. C. C. Kettle, S.M., on remand. His Worship said it was a sad thing to see a well-educated man like the accused standing in the dock with a very long list of convictions against him. Drink appeared to le at the bottom of accused's , trouble. It was his duty to send Atkins i to the Supreme Court, to be dealt with | under the Habitual Criminals Act. Ac- | cused was remanded until Monday next. MISCELLANEOUS. Stanley Mansfield, a young man, was j remanded to appear at 'l*iinai uniii on Tuesday next on a charge of obtaining £ I from David Kilpan by means of a false j pretence. Bail was allowed in one suretv j of £100. All Kong, a Chinese, was fined 15s, and costs 7s, for leaving his vehicle unattended in Howe-street. Walter Ilarkins, who had a long list of convictions against him, was sentenced to three months' imprisonment for drunI kenness. Thomas S. H. Dye and Thomas McJ Donald were each fined £2 and costs, or j in default two months' imprisonment, for committing breaches of their prohibition I orders. ; William Robert Mitchell, an old man, 1 was fined 20s and costs for using indecent ; language in Freeman's Bay. He was also j prohibited tor 12 months. A foreigner named Christopher Anderson pleaded guilty to being an idle and disorderly person, and was sentenced to one month's imprisonment. Reginald Marmont. a youth, was fined 20s. and costs 15s, or in default seven days' imprisonment, for throwing stones on a house at Newton. Two first offenders were each fined 5s and costs, or in default., 24 hours' imprisonment, for drunkenness, and four others, who did not appear, were ordered to forfeit the amount of bail (£1).