CITY POLICE COURT.

Otago Daily Times, Issue 6090, 17 August 1881, Page 3

CITY POLICE COURT.

Tuesday, ICth August. (Before V. r. Ja Siinpaon, Esq., E.M.)

Lament— Alexjutit'/r lMla and Margaret M'Lau^hUn were ch&i-ped with steahug one iwir of boots, value 12a, the property ol William Grahame, of tho Golden Ago H"tß';r" Archibald Cameron depcaod to seeing the accused M'Laughlan taking a pair of bootß from under n tnblo in 'ho i-il.tir.K-.-oom ol tht Golden Age Hotel on Sunday last.—William Gwhamo, the licoiwee of the hotel, ldenlinea the boots produced iv Court ac his property ; iindßenjaminPueritKavo evidence to theeiject i.hat the accused Falls cams to his pawn-omoe aud pledged the pair of boots for the sum ol three shilUogs.—His Worship considered Ihi cliarije proven, und sentenced the accused iaile to one month's imprieotimeat, withhnrd labour; md M'Laughlan, ugaiust whom two previous charges bad been recorded, to cix months im p'isoiiment, with hard labour. Assadlt.—B!z\both Wooda was charged od tho information of Lucy Madigan with assault in? her at the Dunodin railway-atatiou on the 3rd inut.—Mr Adams appeared for tho def«n daal, who stated tho accused, mocmpany^lih unotliur woman, came into the Indies' waitiugroom, and without any provocation Blapped tie-r in the face.-—Tne evidenca for tht df fanes went to show that tha accused had two children on her knee at the time the assault was alleged to. have taken place, and his Wor ship thought that under the circumstances au assault could not have beon committed, aud dismissed tho case. . Obstbdotino the Railway.—Henry Davis wan charged with obstructing the railway-line »t Henley on tho 28;h July last by driving a horse and trap thereon, to the Aavger of the livea of persons travelling on tho railway. —Mr Mac;rre;;or appeared for the defendant, and Mr HaggUt conducted the ca°6 for tho railway authorities.— The accused pleaded guilty, Mr Hoggitt explained that tiie caae '\-a3 br-jught niersly aa a test case to show thi public that thtiy could not trespass on the rail Way-line without rendering themselves liabl9 to a penalty of Lso.—Mr Mucgregor Baid that owing to thn peculiar situation of the railway station at Heuley, it was impoubibla to get heavy good 3 from the station without crossing tha line, and it had been the practice of parties to do this ever siucs tho railway was opened.— The Bench iiiilicted a fine of 5i and coats. SUNDAY TRADING. Isaac Benjamin was charged with that he did on tho 7th August, the same being Sunday, unlawfully trade in lollies in hid Bhop in Princes street, Dunedin, the said shop not baing a chenmt'a or apothecary's shop, or a house licensed for tho Bile of spirituous liquors, contrr.ry to the "Sunday Obsarvance Act, 18G3."—Mr Stout appealed for tha defendant, and Inspector WeMoa watched tho case on behalf of the police. — Sergeant Mulvilkdeposed that on Sunday, the 7th inst., at, 7.30 p m., he observed tha shop of the defendant open in Priuceß street. He went in, and in a little whilo a girl came in and purchased a 1 pennyworth of lollies. She was served bya boy. who was behind the counter. Ha camo in subsequently, and caw Mr Bsnjamin behind the counter, and asked him if he was there to sell lollies. Ho answered that ha vag thete to serve auyona who came in. He laid ho observed Saturday as bis Sabbath, and ha thought he had a perfect rijjht to trade on the Sunday.—Mr Stout submitted that thore were several paints which ho would bring up to -hoy that tiie ujm should be difimifsed In ■.he first place they oul'i not define wber\ Sunday comineucod or terminated, and his Worship could not takfl jadioial notice of when it began or end. In the second plaso the Act specified that it was p.n (ff-.'nea to trade in the street, or in view of tha iitreer. A man could atll whatever he liked, or tratiract »cy busings on Sunday bo Ion.; ab ho did it privately, out of the view of persons pa-sing iv tho ntreot. On this occasion tha door was only open half mi mcii, so that people could not sco tho Halt from tha ftraet. Mr Benjamin bad resided in Dunedin for tho last 20 year*, and had been iv the ha'iit of observing Saturday aa hinSab'jath. It would be very hard if ha had to keep hie shop Bout two days in the week. He would asK that the information be dismissed, as ucdjr the Ordinance he coald nut be found guilty of an_s iffencß.—lnspector Weldon stated that tbis w»a only a ttst cvsa,to see if they could p:o ceed aguiu-.st other effendets., Those person:who were in tha habit of keeping their shops ■■pen on Sunday had been cautioned by the police, and amontret t.kein Mr Bbujamin.—His Worship reserved judgment, and romarktd that as it was a test casa he would give the matter some CDiipidnration.