CITY POLICE COURT.

Otago Daily Times, Issue 9140, 12 June 1891, Page 3

CITY POLICE COURT.

Wednesday, June 10,

(Before Messrs J. Logan and J. Elmer, J.P'B.) Drunkenness—For this offence, Mary MVallum (an old offender) was fined 10s, or 48 hours7 imprisonment. Alleged Obscene Language.—John M'Bride, & lad, was charged with usiDg obscene language within the hearing of persona passing by in the Maiu road, South Dunedin, on June Ist.—Mr A. C. Hanlon appeared foe the defence.—Constable Dale gave evidence that on the evening of Monday, Ist June, he was on duty on the Main road, South Dunediu, near the Arcade. Ho saw the accused standing near a group of young men, and the accused and another young man thon drew aside and commenced sparring. Witness afterwards heard the accused making U36 of tho language complained of.—Crossexamined : The young man bore a very good character hitherto. This concluded the case for the prosecution.—Mr Hanlon contended that the case must fail. All the evidence put forth by the prosecution in support of such a serious offence—an offence only punishable by imprisonment was the uncorroborated testimony of the constable. It was always very dangerous to convict au accused person on unconoborated testimony, and it waa clearly the duty of the police to have subpeenaed some of the boys who, it was stated, were standing near by, when the occurence took place. This was not, however, done, but the police chose to a^k the bench to send a lad of unimpeachable character to gaol on the,evidence of one witness.—Accused gave evidence, that on the evening in question, he was sparring with another young man in the South Dunedin Arcade. He said to his compauioD, "If I catch you Til whack you." and at this momeut a policeman, who had been previously standing near by came over, and he caught witoess by the arm and threatened to lock him up for using obscene language. Witness denied having used the language complained of, and reiterated his denial in court.—Frank Hunt, George Smith, Joseph Hunt, and Mrs M'Bride also gave evidence, after which the Bench stated that the information would be dismissed.

Alleged False Pjjetences.—Percy Austin Qainlan, a respectably-dressed young man, wa3 cnarged with having, on June 5, obtained from Joseph Nixson, the sum of £5 by false pretences. Inspector Hickson conducted tha case for the prosecution, and Mr Solomon appeared for tho defence. —Accused elected to be dealt with by jury.—lnspector Hicftson Baid that tho particulars of the case were Bioople. Accused came to stay at the City Hotel on the Ist mat., and on the 4th he said to Mr Nixson, the licensee, that he expected money to arrive for him from Invercargill within the course of a few days, and that it should be paid into the Bank of New Zealand to his credit. The following day the billiardmarker handed Mr Nixson a cheque drawn on the Bank of New Zealand for the sum of £5, and signed by tha accused. The billiard marker asked Mr Nixson to cash the chequp, and - the request was complied with. Thß cheque was paid into the bank the following day, but was afterwards returned, there being no account.—Joseph Nixson, licensee of the City Hotel, gave evidence that the accused came to stay at tho hotel on the evening of Monday, Ist inst. On the 4th he told witness that he expected money to arrive trom a gentleman named Mr MofEett of Invercargill, and that it would be paid into the Bank of New Zealand to his (accused's) credit, on Friday. The following day the billiard marker handed witness one of accused's cheques, drawn on the Bank of New Zealand, for £5, and asked witness to cash it. Witness did so, on the strength of the representations made by tbe accused on the previous day, but on presenting it to the bank it was returned with "No account" marked on it.—John Chapman (billiard marker, City Hotel), Samuel Morrison (ledger keeper, Bank of New Zealand;, and Detective Henderson also gave evidence. The last witness stated that he arrested the accused at midnight on the 7th inst. At tho lock-up he stated," Mr Nixson must have made a mistake; I believe it is £16."—This concluded the casr, and the accused was then committed for trial. The same accused was then charged withobtaining from Joseph Nixson, on the 4th inst., the sum of £6 by false pretences.—Mr Solomon appeared for the accused.—lnspector Hickson Baid that the case was somewhat similar to the laat one. —Joseph Nixson gays evidence that tha accused, on tha 4th in9t, borrowed from him the sum of £6. He said that he was out of money, but he expected some from Mr Moffett, of Invercargill, within the course of a day or two. Witness lent the accused tho money, and the latter gave him tha following day a cheque for the amount He said that the money had arrived, land had been placed in tha Bank of New Zealand to his credit. On the cheque being presented at the bank, it was found that the accused had no account.—Evidence was also given by Samuel Morrison and Detective Henderson. —Mr Solomon then submitted that this charge must be dismissed. The evidence put forth by the police was totally insufficient. Tbe story of the accused that he had money to his credit with Mr Moffott, of Invercargill, was not contradicted ; and until it was, the bench must take it foe granted that it was true.—lnspector Hickson admitted that the case was somewhat weak, but a prima facie case had baen made out. He was of opinion that Mr Mofft't'i evidence would be necessary to secure a conviction, but a case sufficiently strong to justify their Worships in committing the accused for trial was made out.— The accused was discharged on this information.

Thursday, June 11. (BeforeMr E. H. Carew, EM.)

Dbunkenness —For this offence, a first offender was convicted and discharged. Obscene Languige.—John Algie was charged with using obscene language in Maclaggan street, on the 10th inst —Mr A. C. Hanloa appeared for the accused, who pleaded guilty.—Mr Hanloa said that the accused had been resident in Dunedin for many years, and had always borne an excellent character. He was very sorry for what he had done, and he (counsel) thought that if he were convicted and ordered to come up for sentence when called udod. the ends of justice would ba met. Mr Calvert, who was present, was willing to give evidence as to the accused's character. —His Worßhip said that the act was very severe in reference to offences of this nature, for if a conviction were recorded, the only punishment that could be inflicted waa that of imprisonment. He thought that it was a great mistake that the act has been made bo severe. The accused was convicted and ordered to come up for sentence when called upon.— Margaret Sequee, a woman of the unfortunate class, was charged with using obscene language in King street, on the 11th inst.—Accused pleaded not guilty.—Evidence waa given by Constable Daly to the effect that while under tho influence of drink the accused made use of the language complained of.—lnspector Hickson stated that there were several previous convictions for other olfences recorded against the accused. —Accused wss convicted. His Worship said that the last case was that of a young man with a good character. The present accused did not bear a 'good character, bat he could not see that he should treat one offender different from another. The accused would bo discharged. Tue Employment of Females Act. —James Connor, trading as Connor tind Co., sauce manufacturer?, Cumberland street, was charged with employing Flora Hiscocks (15 years of age) an unlawful number of hour?.—Mr Calvert appeared for the accused, who pleaded guilty.— John Hanson, inapector of factories, gave evidence that he called at defendant's place—a sauce manufactory—and found two girla and a boy engaged putting labels on sauce bottles. It was nearly 8 o'clock in the evening. The age of one of the girls waa 14 and the other 15,

Witness asked them when they commenced work, aud they stated that they begun at 8 o'clock in the morniug and worked until 12 30. Here there was an interval of an hour. At 1.30 thny resumed work ngaii>, mid continued on until 6 o'clock. At 0 o'clock there was an interval of about three-quarters ot iri hour, and returning at a quarter to 7 they worked on uutil 8 o'clock. There was no notice r-f the hours of labour put up in the factory— Mr Calvert said this waa nn exceptional ease. The girls, as a rule, were employed from 8 in the morning until 5; but Mr Connor had received a largo order, and was endeavouring to overtake it. To do this tho girls had returned for b short time after they had their tea; Tho defendant was quite unaware that he was guilty of a breach of the aot, and under tho circumstances he (oouneel) thought that a nominal penalty should be inflicted.—The Bench said that tho evidence

went to show that a girl of 15 had been kept nt work for 10.} hours. It was a cruel thing, aud a praotico extremely trying to the health of a girl. It was not a mere technical breach of the act, but just the kind of thing tho act was framed to prevent. Accused would be fined 50s and costs (10s). Larceny.—Sarah Buddicombe was charged with stealing a colonial oven and two grates from an unoccupied house, the property of Noel Lee Buchanan, in Larkworthy street, South Dnnediu, on or about thfl 2nd of June — Mr A. C. Hanlon appeared for tho accused, who pleaded guilty to having taken some of the articles mentioned. —Evidence for tho proseoution was given by James Thomas, Barbara Cross, Sergeant Morice, and W. L. SampsoD. It was shown that the accused lived near tbe house in question, and was in the habit of going ;here to get water. She on one occasion wont inside the building, eSeoting an entry by getting through the window. The articles were afterwards missed from tbe place, and suspicion falling upon the accused Sergeant Morice weDt to her place of residence with a search warrant. He found some of the missing articles, and arrested the accused on the charge.—For the defence, Mr Hanlon stated that the woman wai in the habit of getting water from tho empty house, and as her sou had an idea of buying the place she went inside one day to inspect it. Seeing the articles lying about che took them away, thinking that they might ba useful; but quite unaware that she was committing a crime.—Evidence to this effect having been given, his Worship said that there was no doubt in his mind that the woman had stolen the articles. He had dealt with the case so far as if it were a simple larceny, but the evidence showed that it was an offence of a much higher nature, and he would now ask the accused if she preferred to be dealt with summarily or sent to bo tried before a jury at the Supreme Court.—Mr Hanlon said that he had conferred with the accused on the point, and she had a wißh to be dealt with summarily — In answer to • the Bench, Inspector Hickson said that there was nothing known against the woman. Hitherto she had borne a good charracter, and had a ■ highly respectable family.— His Worship then stated that the case would be adjourned until next Thursday, and if the accused in the meantime paid a fine of 40s, the case would be dealt with in that way. If the fine were not paid, an order for imprisonment Would be made.

Bbeach of the Peack.—Jethro Hobb3, lad, was charged with behaving in a manner with intent to provoke a breach of the pease in Princes street on Saturday night last.—Accused pleaded guilty.—The evidence showed that the accußed had attended a meeting of the Salvation Army, and on account of his bad behaviour had to be ejected.—A fine of 53 and costs (7s 6d) was inflicted, tho accused declaring his intention to " take it out."

Damaging Pkopehtt.—For damaging a police night can in the South Dunedin Police Station, Mary Emslie was fiued 2s, and was ordered to pay 3a 61 damages; in default, 48 hours' imprisonment.