CITY POLICE COURT.

Otago Daily Times, Issue 9715, 18 April 1893, Page 4

CITY POLICE COURT.

Monday, Apeil 17. (Before Elestrs J. Hyman and J. L. Gillies, J.fs.) Drunkenness.—Mary Macclcnald (who had only been liberated from gaol on Saturday last, after serving a sentence of three mouths' iaiprifcouineiit for drunkenness, but who now promised to leave town immediately with her husband) and a fust offender were convicted and discharged. William Birry, who had a bad record, was fined £3; iv default, seven days' imprisonment. Obscene Language.— Julia Evans, alias Huston, was charged with beiDg drunk and with usiug obscene language at 10 o'clock on Saturday night in Princes street. —Accused pleaded guilty to being drunk, but denied usicg taa obscene language —-Constable M'Gill gave evidence thnt at the time mentioned accused and a man were proceeding along Princes street, and their disorderly behaviour had attracted a number of boys, who were following them. The woman stated that the man was following her, aad she could not get rid of him, and when witness suggested that the two fhould go in different directions the woman would not leave tho man. She was very drunk at the time, and , used obscene language.—The woman swore that ehe did not make use of the language complained of, and stated that the constable must have misunderstood her. — For drunkenness accused was fined 53 ; ia default, 24- hour 9' imprisonment. The charge of using obscene language was dismissed.

Fightimj is the Octagon.—John Crann and William Nichclls were charged with committing a breach of the peace by fighting iuthe Octagon on Saturday.—Accused pleaded guilty, Nichclls adding that th 9 matter was very trivial. He and his mate had a dispute, and eventually a few blows were struck. For this they were compelled to remain in gaol since Saturday night.—A fine of 5s each was inflicted.

A Peculiar Case.—-Edward Henry Bransgrove, aged 19, was charged with stealing a pound-note, the property of Henry Lethaby, on March H. —Accused", who was defended by Mr Solomon, pleaded not guilty. The evidence for the prosecution was to the effect that on March 14- a lady went into Mr Lethaby's chop, in the Arcade, and purchased two sharpening stones. She tendered in payment a pound-note, and Mr Lethaby's son, who managed the business there, retained the note, which he left on the counter, near the till, and paid the lady back the sum of 183. While he was re-arrangiug the sharpening stones that remained in the shop, accused, who bad been looking in lie window, came in to inquire the oo&t of getting a razor sharpened. While he was inside ho pulled his handkerchief out of his pocket and let it drop o:i tha counter, prosecutor alleging that he dropped it over the pound noto which was lying there. He replaced his handkerchief in his pocket and went outside. After accused lefc Master Lethaby cjiisod the note, auJ locking the door of his premises, caught up on the accused a short distance away from Braithwaite's Book Arcade. Hs charged the accused with stealing the pound, and as he indignantly denied it he asked him to go over to the shop managed by Mr Lethaby himself, on the other side of the street. Accused agreed to this, and the matter being related to Mr Lethaby, Bransgrove again denied hiving stolen the pound. Mr Lethaby proposed that a policeman should be called iv in order that the accused might ba searched. Bransgrove agreed to this, but immediately after darted out of the shop and ran away. Kr Lethaby gave chase, and Constable Hastio joining in, the accused was eventually caught in a water-closet at the back of Messrs Hallenstein's premises iv Macaudrcw street. When accused was brought to the station and searched the noto was not found in his possession.—For the defence, Bransgrove gave evidence, in which he denied having stolen the pound. He said that the reason why ho had run away from the police was because he was frightened of being locked up all night.— Mr Solomon having addressed the bench, Mr Hymau said : There seems to be some discrepancy iv the evidence. The bench is not quite satisfied that the pound was taken by the boy; but under any circumstances he had no right to run nway from the police. I am inclined to give him the benefit of the doubt. He will bs fined 20s. — Mr Solomon: I understand that tha bench is not satisfied that the boy tock the pound.—Mr Gillies: I am not responsible for what Mr Hyman says, and . Mr Solomon : I understood Mr Hyman, the chairman, to distinctly say that the bench v not satisfied that the accused took the pound-note. I hope there will not be any misunderstanding. If the bench, is net satisfied . Sir Gillies: Ductile bench is satisfied.—Mr Solomon : Tiie chairman said that it was not. 11 is a rather novel doctrine of law where a boy against whom tlie evidence dues not satisfy the bench of his guilt is yet convicted and fined.—Mr Hyman : I am not altogether satisfied that he did take it.—Mr Gillies said that there was one witness on both sides who deposed to what tock place in the shop, ami Ibo evidence in that respect was equal. But tho action of the bay subsequently in runnini; away from the police lent weight to the evidence o"f tho boy Letlmby. On thoss grounds he wan satisfied that the boy took the pound.—Mr Solomon: Wt-U, in that caso I understand that one member of the beach has como to the conclusion that tho boy took the pound. The other member is not satisfied that he did take it. Utid.-r theft! oircnmstniißos I am entitled to an «cqiiittsl. After the expression of opinion from your Worships—and there are half a dozen ■witrcsses in court who took a noto »F it,—l am entitled to an acquittal. Mr Hyiunu : I still hold that there is some d'onbt «■> to whether the boy took the viouHtl, and I tl'iuk it is fair that he should ba iicniiitted.—Mr Gillies : Then I disagree.—Mr Solomon then submitted that as the beach disagreed the proper course to follow W.-.3 to dismiss the charge agaiust the accused, and, if the police or Sir Lethsiby cho.-e, a fresh information could be laid against the boy.—This was agreed to, and the boy was then discharged.