POLICE COURT NEWS.

New Zealand Herald, Volume XLIV, Issue 13485, 11 May 1907, Page 9

POLICE COURT NEWS.

THE LIQUOR LAW. :?i*;'3;;i ; '-;;-',-'" --' '-'- ' - ''' '■■-.•.'' '•:'.-■'■■ •"•:•'' ••.■'■' " - ■ * . ' A _ the Police Court yesterday, before Mr. £ w Dyer, S.M., Sarah Ellen Hamer was ' inuttd with having, on March .26, being a ■ ! .., Srson other than the licensee of the Royal Oak Hotel, supplied, beer to Leslie Fhillis, » person already in a state of. intoxication. V,. W. Fallon appeared for the prosecution, ■•"■ ' d Mr. J. R. Reed for tho defence. In the course of the evidence for the pros'ecuV tion IPhillis, a carter, said that on the day in question he was going towards Onehunga. Desiring a drink he went into the hotel, but before ho did so he straightened himself up, and after partaking of his drink ; we nt straight out,-. Later he was arrested bv Constable MtGlono, of Onehunga, on ft charge of drunkenness. He pleaded guilty to the offence in the Court next morning, and was fined by the magistrate. ->■': He had once beforo been refused drink by th* defendant. • . , . , ' Mr. Reed said that ho must:.admit that ■ ; there- had been a technical breach of the Act. The defendant had been most careful to observe the law. The. man was able ' to gel off his waggon, walk into the hotel bar. and order a drink, without the slight-est-sign of intoxication. . Mr. Dye; said that in his opinion morethin a "technical breach of the law had ; -•; ' been committed, though the offence had not been of a wilful nature. Ho would inflict » fine of £5,- and costs £4 lis. PROHIBITION CASES. Vi'i- Henry Trcvarthen, who,did. not appear, " was charged with being found on tho premises of the Shakespeare Hotel during the Iff -currency of a prohibition order against him. : Constable Scott, who saw the accused go : into tho hotel, said that Trovarthen cx- '.-':'■'. plained that he was trying to change- a 10s ■;. ~. piece. His Worship imposed a fine of £2, or in default one month's imprisonment. ' Henry Robinson was charged with pro- ' curing liquor during the currency of a prohibition order against him. Ho admitted the offence, but, in explanation, said he ' " had taken out the order against himself at Mercer, and did not know that it applied to the- Auckland hotels. Ho had come, from Mercer to answer the charge, and hart • i also lost a day's pay. Sergeant .Hendry said 'he believed that, Robinson had acted in ignorance in procuring the liquor here. >'v Intho circumstances, His Worship imposed • a fine of 5», and 7s costs. v ALLEGED FALSE PRETENCES. John Thomas Bennett,' an elderly man, with several aliases, was charged with obtaining goods, to the value of £18 4s 3d, 1 from Thos. H. Chapman, of Kihikihi, and, further, with obtaining from John Morrison and others by means of a false- pretence. The second charge was heard first. The evidence' for the prosecution was to the effect that the accused had gone to the D.S.C. (of which firm Mr. John; Morrison is the manager),- and said ho wished to pay a- bill for £8 10s. For;payment he presented a cheque for £9, and 10s change was ■' •■''■ given him. .Afterwards the cheque was '■■■'■'■'■' found to be valueless. When formally charged the accused pleaded guilty. He was committed for sentence at the next sittings of the Auckland Supremo Court. In respect to the first charge, the evidence for the prosecution was that accused had, by falsely representing to Mr. Thomas H. Chapman, a storekeeper, at Kihikihi, that he was possessed of a large sum of money, - . obtained goods on different occasions to the value of £18 4s 3d. In repiy to the ac- :■'■ cused, Mr. Chapman said that ho (accused) had paid cash for goods on some occasions. : •' After several witnesses had been called to give evidence in support of the charge, accused pleaded not guilty, and was committed 1 for trial. . \ ; A WARNING TO MOTORISTS. Robert H. Abbott was charged with j driving * motor car along Queen-street, on April 19 at a soeed . which was dangerous to the ■ - public. Mr. ..Walker appeared for the Qdefendant, and entered a plea of ;guilty..iSerseant Hendry said that- the prosecution had glen; tfMe serve •**-« warning to motor- ' ists. On the day in question tho defendant was driving up Queen-street, and when ,' , turning into Wellosley-street, at a. pace of. about eight miles an hour, nearly collided with Constable Halliday, who was. in plain clothes.. . -<-•, . Mr, Walker said that the defendant was a most careful driver. " He did not- think that the speed of the car on the occasion under notice exceeded four miles an hour.,; His Worship said that it was very necessary that motorists should l use great care when driving. ■; In the present .case a' fine ' of £1, and 12s costs, only would be imposed. ' .<. TWELVE MONTHS FOR BAD ! ' ' , LANGUAGE./,.v; : ; ~;.": >,"'.', Christian Ombolt, a young seaman, pleaded j guilty ito using obscene * language iin front ■ of the, post office, in Shorthand-street, on Thursday afternoon. \ Sergeant..- Hendry said accused had a "particularly shocking ; record" as to'- this class of offence, and upon one occasion was sentenced by Mr. : • McCarthy, S.M., to 12 months' imprisonment, v'-- On • another occasion he was fined: £5. Mr. Dyer thought :12 months'. imprisonment should have taught the accused a. 1 ,'" - lesson. "It is only when he drinks to ex-, i " cess," said Sergeant Hendry, "that he \l , makes use of bad language." The magistrate thought; another term of 12 months imprisonment was the least he could im- ' pose, seeing that fines had done" good. SERIOUS CHARGES. ' ;; [''•; A young man named Ernest Sheppavd [ was charged with criminally assaulting a r voung woman on May 9. >On the application of Chief-Detective Marsack, a remand for one week was granted. ; Bail was allowed, accused in one surety of £100, and ' * two sureties of £50. '-V ' ,', John Kenneth Cameron was remanded for a week on a charge of assaulting Lucy Crocker and Flora Freeman, on May 5, so as to cause them actual bodily harm. Ban was allowed, in two sureties of £50. UNABLE TO IDENTIFY. A young man named Alfred Lindner .■ was • , charged with assaulting Hamer T. Gillman on February 23, so as to cause him actual bodily harm. Gillnian said he was not sure that it was tho accused who struck him.; He (witness), had had a little liquor' on the Saturday in question. As there were no other witnesses who could identify Gillman's assailant, His Worship discharged the accused, for whom Mr. Iff W. E. Hackett appeared. ':." Chief-Detective ■ Marsack informed His Worship that the prosecution was made at the instigation of -■;.-;::.' Gillman. :,-..■-. ■■...■■■■■•-■.*. ; M % BREACHES OF BY-LAWS. Fredk. Stewart, Eugene Brain, and Duncan Dawson were each fined 10s and costs for cycling on footpaths. A boy named Cecil Brooks, a telegraph messenger, pleaded guilty to a similar offence. The lad ex-. ,;.' plained that he was delivering a telegram. riis Worship said he would not impose a fine, but order him to pay 7s costs. Thomas De Renzy, another boy, for whom Mi. J. j A. Beale "appeared, was similarly dealt, with for cycling on tho footpath in St. Stephen's Road, Parnell. For failing to register her dog, Martha Rill, who did not appear, was fined 10s, and ■ ■ costs 7s. ."-... ;' :■•' „ i>|| NOXIOUS WEEDS. ' The caso in which Ebeneznr Gibbons was charged with failing to clear his land at "aitakerei of noxious weeds was adjourned for a month, and in the meanwhile the 8 1 land will be cleared at, tho direction of the ■.'.•. »specter, the defendant bearing .the cost |s;i|';';;..oi.-3a rae , .-- jj '' MISCELLANEOUS. . .:',:"..; I ol same, McCarthy (a blind man), GeorgeMISCELLANEOUS. ;■. «Jolm McCarthy (a blind man), George omitii, and Henry Joseph Jackson were charged with threatening behaviour' in > L street on-- Thursday evening, and <•-■ At* '" with trespassing on premises. '" jjfw* J. R. Lundon appeared for Mc- ■- Carthy. After the evidence for .the Prosecution had been . given, Sergeant .-; "5? o,£?0,£? withdrew the second charge, and ;;,; «» Worship dismissed tho first information 1 0,1 Mr. Lundon's agreement to pay 12s & costs. H j Fa "l una,i- McDonald was fined 5s for 'drunkenness and . for obtaining liquor dur- ■ ,; n the currency of a prohibition order m ne was fined £2, or,;in default, one month's SlM.«sonnieiJt;-.- A first offender, who did "-.lr* t t a P to answers charge of drunkenH cvgrthmhuk««, was ordered to forfeit £1 bail. ' ' I

THEFT OF DRAPERY. "A young married man, Frederick William Barker, for whom Mr. :::J.] R. Lundon^ appeared, was charged \ before. Mr.; C C. Kettle with ; having, between March 1* and May 6, stolen drapery to the value of £34 lis 4d, : the property of John Court. John William, Court said 'he had engaged the accused from Christehuirch at £3 5s per week, and it was his duty /to dress win* dows. . :, Detective Shine said that-'..'on May 7, in company with Detective Hollis, ho interviewed the accused. Witness showed him a parcel of goods (produced), .and-. when asked how he ; obtained " them the accused said that he had stolen them. ; The accused was then taken to the, police station,; where he made a voluntary confession. ' V • Detective Hollis, who searched the accused's, residence, on May .said , that ho. found 'therein a quantity of drapery. '■<"■': To Mr. Lundon: The accused had acted frankly' in the matter. , ,- The accused pleaded guilty, and was committed for sentence. Mr. Lundon applied for bail, which was granted in two'sureties of £75. ■'-.. ' . THE MILK CAN; CASE. . -.- The case of Brown v. . Anlbury. English, and Co.. dairymen, in which the magistrate's decision in the lower Court'formed the subject of- an appeal in the Supreme Court on April 30, was mentioned before Mr. R. W. Dyer, S. M., in the Police Court yesterday. Mr. Selwyn Mays , appeared for -'ho prosecution, and Mr. W. E. Hackett, instructed by Mr. W. Thorne, for the defendants. Mr.. Dyer said that the registrar of the Supremo Court had notified 'him that the appeal by Mr. Brown (dairy inspector) from the decision dismissing the information charging the respondents with failing to cleanse thoroughly,: within the time' and in the. manner provided by the dairying regulations, milk cans used about the dairy for receiving milk, had been allowed, and that the case had been referred back to him (Mr. Dyer), with the notification ihat, in the opinion of the judge, there had been a breach of the regulations. '. ' Mr.- Mays said that His Honor Mr. Justice Cooper had suggested that in the circumstances the case might bo withdrawn.' and in view of the judge's dictum he would apply for leave to follow that course. Tho license in existence at the time of tho prosecution had since lapsed, and 5 a new one had- been issued. The appeal had been allowed with £7 '7s' costs, and he thought that sufficient punishment had been inflicted. -.' . His Worship then gave leave to withdraw; the. case. ■ * ' •. .'■:■ . "-.-.■