CITY POLICE COURT.

Otago Daily Times, Issue 4684, 21 February 1877, Page 3

CITY POLICE COURT.

Tuesday, February 20th.

'{Before Messrs J. Logan and J. Hislop, J.P's.) Drunk and Disorderly.--Harry Biekards, : for this offence, was fined ss, or, in default, 48 . tours' imprisonment. Assault.—John Johnson vyas charged, on '-the information of his wife, Elizabeth Johnson, '■with having assaulted her on the 19th instant. 'The accused pleaded "Xot Guilty." He was •ordered to enter into his own recognisances in the amount of L2O, and to find two sureties in LlO e;ich, to keep the peace for 12 months. A Downward Career. —Michael_ Golding -was charged with being drunk and disorderly, msing ohscerie - language, and with having assaulted the arresting constable.—lnspector Mallard explained tKat the,accused had only ■quite recently been a prisoner in the Dunedin ■•Gaol, and hadbuenpardonedbyHisExcellency ■the Governor, on account of his weak state of -health. — The Bench considered that the -accused required to be tak'eu care of, and senHenced him to pay a fine a* L 2, or, in default, •14 days' imprisonment for .>jjs first offence ; L 5 -or two months on the seoon:^ offence; and two unOnths, without the alternaHy) of a fine, for the constable. x Breach of Licensing; Act.—francia Porter 'was charged with having committed the above •offence on the night of the loth init., by Keepving his ho'el open after ten o'clock at night.— Mr F. 11. Chapman appeared for the defence, --sad pleaded Not guilty.—lnspector Mallard -explained that on the night of the offence Mr .Porter was lawfully absent. So far as this was au extenuating circumstance, he thought it right to mention it—Constable Moore deposed that the defendant's bar was lit up at 10.30 ■on the night in question. He entered the hotel, and found two men drinking in the bar. Mrs Porter was excited, aud followed witness ■outoiilo, atid co-lled him a sneak, and said she ■would teach him his duty,—Mr Chapman ■asked the witness to name the two men who were in the bar at the time stated. —Inspector Mallard objected to this, and referred to a discussion which took place on this point a few days ago. If it were allowed, it would be introducing the thin edge of the wedge.—Mr Chapman said that the "Inspector was quite wrong in his law, as the question was not priviledged. He intended to introduca not merely the knowledge, but the thick edge of tho wedge.—lnspector Mallard said that he would instruct the Constable not to answer the question. —Mr Chap man : What, you instruct the Constable ; he is here as a witness. He then repeated his question.—lnspector Mallard : I instruct the Constable not to answer the question.—Mr Chapman : I object to Inspector Mallard instructing the witness not to answer the question. — The Inspector : Do not give the names, —Mr ■Cihapman : I ask you to give the names.—The Constable: I lespectfully decline to answer the quesiion.—Mr Chapman : I must press my question. There is no protection—lnspector Mallard: If their Worships ask you to give the names do so.—Mr Chapman : I ask your Worships to order that the names be given, io -the witness, was Mr Smith there ? Ihe tonstable: I decline to answer the question.— Their Worships were then proceeding to deliberate upon the point, when Mr Chapman said that he would waive the point, as it was not of much importance.—lnspector Mallard : It would be most unpleasant if the Police were to mention the names of those whom they see in hotels. —This was the case for the prosecution. —Mr Chapman then addressed the Court at considerable length, contending that there was no case to answer, but their Worships ruled otherwise.—A witness named John Smith deposed that he heard the constable say that complaints had been made about late horn's being kept by the hotels at Caversham, and he ■would do his duty. It was not the first or second time in regard to Porter's Hotel, and he would make it hot for her.—Mrs Porter, wife of the defendant, remembered the constable "oin" into the house on the night in question. She had carpenters at work in the hotel, and Tiad removed the clock from the bar. tohe did not know what time it was when the constable came in, but she did not believe him. bne asked him not t" be harsh in the absence of her husband, but he said that he would make it a caution to her. She felt as if she was ready to <J ro p.—The Bench considered the case proved, and inflicted a fine of £1, but without costs. Gross Indecency.—Jos. Brown was charged with having committed the above ofience m the bar of a hotel in Duneclin.—lnspector Mallard said that if he succeeded m proving the prisoner guilty he wouH ask their Worships to inflict a severe punishment, as the case was of an aggravated nature.-The hearing of the matter was adjourned xintil to-day.