CITY POLICE COURT.

Otago Daily Times, Issue 10422, 26 July 1895, Page 4

CITY POLICE COURT.

Wednesday, July 24. ' (Before Messrs G. L. Denniston and J. L. Gillies J.Ps.) Drunkenness.—One first offender, who did not ='ppcar, was convicted and discharged. Another nic.de his appearance in the dock in a very battered condition, which was explaioed away when Sergeant O'Neill stated that nceused had been going home came against a verandah post and cut his head He was sj bad, added the Sergeant, that the arresting constable had to tike him to the hospital. He hadisot been up before.—The Bench :He is too young to be here at all. Being his first offence, he is convicted and discharged. Caitus Wandeuing.—For allowing five head of cattle to wander at St. Clair, Juse Allan, who had been up once before for a similar offence, was fined 2s G;i, without costs.

Youi'iiput OrFiiNDEiis. —Two little boys, Mined William Findlay (13 yeara) and Joseph M Gluskoy, were charged with having, on the 23rd inst., at Caversh^m, stolen a purse, valued at Is, and a £1 note, the property of Sophia Smith. Findlay pleaded guilty, and M'Clutkey (for whom Mr Hanlon avpeared) not guilty.—Sergeant 0 .Neill stated that at 4 o'clock on Tuesday afternoon a little girl named Sophia Smith was sent to get some goods. She was given a purse containing a .£1 note; and as shs was goinjr along the street Findlay, who was with two other boys, came up to her, gave her a punch in the ribs with his fist; got the purs» and took it away. He then went into a store and bought sixpenny worth of something, and received 19s (id change, which he handed to M'Oluskey, telling him that he hed taken a pound from the girl Smith. The matter was then reported to the police, to whom M'Oluskey's brother handed 19.3, which he got from arClukkey. The other Rixpence was not accounted for. The boy M'Oluokey knsw the money was stolen, for he was told so.— M'Oluskey's elder brother, who was present in court, said that- the boy did not know the money was stolen. He said he received it from Findlay, and returned h about 10 minutes afterwards. — William Wright, 16 years of age, who waa the third boy spoken of by the sergeant, stated that Findlay said he had got a pouud, which he had taken fiom-the girl.—M'Cliskey, questioned by the bench, admitted knowing that the money was taken from the girl.—Mr Hanlon, in addrussvng the bench, said Findlay was not a good boy. He had been up bsfore for stealing cigarettes, and the bench Ist him off with a caution. Counsel suggested that a whipping might do the opl' good.—The Bunch said that seeing it was iK '-;iu.-kev's first appearance, and that he had tuherto borae a good clwrseter, they were inclined to be lenient and discharge him. 'They hoped he would not associate with bad boys, or he would set into trouble. In regard to Findlay uiay thought that when a boy canie up a second tmi4-it proved the warning K iveu before had had no effect. If ho (Kindlay) did not mend, he would lie sent to the Industrial School for ytMrs Tho wUh t!^rS d that reCe{V° SIX Slr°ke3

Thursday, July2s. (Before Mr E. H. C&rew, S.Ji.) Damaging Property—John Donaldson, a little mst at _ Anderson s Buy, thrown stones aud caused injury to an insulator on the feslcjjraph line.—My Jhoratoa aj.pcured for the acTusrd and ptawici ~ot Biiilty -Sctpoant o'Nrfll steted lUat Cinstaolo-Hartnett, statinnad at Anderson's U%' WA°.'i pri"K f ttl?. UB th6, lo:l'l- o« the IGth nisc iiO»ioeu one ot tac insulators broken He made inquiry., au.i from hif..rn,:.ti-.n rec. ivH lm called .t the Highcliff Srhool, wbe« a*fcu*iu° was a pupil. BefeudanK then admiVted that he threw three or four stones and broke the in* sulafcor.-Bviclenco was given hy ConstableiVrt-

netfc, Hugh M'Hsndry, and Patrick Moloney who said that the value of tae insulator with the cost of putting it on, was 3s.—Mr Thornton said he would bring evidence to contradict what the coiißtabls said ihs Ud.was only eight years of age, and children of that age had a h.ly horror ol the terrors of the law and of a policeman The lad s statenrent waa that the constable asked him if he broke the insulator, and he said no. After some time the policeman offered inducements to Tfo.^ o7 a° ?*7- yeYan? h«: made the admission. If the admission £0 the policeman war. not free and voluntary it was uselesa.-Evidenc-, was given by the accused and Mrs Monson.-His Worlhip did not, think that the boy had made the'admission to the constable under any promise of favour or any threat He would be convicted.-Tfae boy Z?n **%!**s"ss&■ TWilh a similar o!fe »-*. <"»" nutted on the 29th June.-Sergeant O'Neill said was given by Constable Hartnett and William and JU.za Bunaldsoa (the father and mother of Worship decided to convict. It was very hard to know what 1o do, but it was an offonce that must be kept down. He thought a few SS °J the roh wonld be best Afto a ■£fl n 7 f consideration, his Worship said cf^t* two?}i he toed si, and costs, in each case, and would be ordered to pay as damages in Tnd 7 r e": -^ COStS "°f the tW° "W w«<^s

■\xrir hTZ T0 A' HoasE.-Anarew Hope and the art? hr 0/ 80? T? ere ? harged with havi"g. °a the 16th rest: at Dunedin, ill-treated a horse by W^ SltM'\ c rn£ had aa °Pen sore under the ffr ?f V Mr ¥ acGregor «>Peared for" the Society S^m fm- i ßf c^ loa. 0f (i ruelt5' of Animals, and Mr ol f ? efendiint?.- who pleaded not guilty.-In ■*fr«J hJ Particulars of the case, Mr JtfacGrasor fW™, °P? iwas a *ramdriver, while X"",*°. n, X** engaged. at the tram way sfcables.- ---| Constable Blanchrtt said that while on duty near dXS ran f d TT Hotel o» : the : 16th tost, he saw tcf^M h LHopa acting as a driver of a" t^amcsr, to which three horses were attached. When the of th™^ Cf lledv upon to start, one A ?uHtodo a xt Pressed its nght_ shoulder into the collar so as to relieve its other-shoulder. Witness had been used to a «-SI S> 1 i ,kuew T ; tilatr tHe one referred to had a sore shoulder. He reported the matter-to Mr Aitk p n,;the ( mspector for the Society for the Prevention of Crusty to Animals. He and Mr A"S eni e?an"ne.d; the horse at the commencement o_t tne third trip, and found a fore on one of the smoulders. It appeared to be a sore of lone standingand thp collar worked upon it. A driver who understood anything about' horses would have discovered the:sore.-To his Worship: A person harnessmu' the horse would be able to tell by looking-at the sore if the, horse was fit to work.—' ■*v. I. Aitkon gave evidence that he spoke to hope about the matter, and he said the drivers liad to take whatever horses they got. He told ninrhe should' examine" the hors«s, and that he nught, get into |rouble. He replied that they sometimes had no time to examine them. From the appearancs of the sore he- thought the driver sbpuld have, found out about it. A couple of days afterwards witoess went down to :-ee Corson : tar foreman of the Cumberland street stables; In reply to a question put by witness he paid that -there was not much wrong with, the horse ; that he had harnessed it on the 16th; that he knew that the sore was there; that the horse jibbed and would apt work; thai; it had not, worked f,r ! three weeks or a month ; that they were short of horst;*, and. that was the reason it was worked, fill' bmith did not know the horse was" being worked.—ln reply, to Air Sim .-Witness admitted that he : said to', the driver it was not a big. sore—it was a slight one. The driver said he did not know of the existence of the sore.— MrSim contended that so far as Corsbn was concerned the case must he dismissed. He was! chargfed with working the horse with an open sore. | Ihe evidence showed that he simply harnessed the- i horse, and did: not work it at alt In regard to Hope the evidence was that he knew nothing of, the^ore.— The accused Corson being called said the horse had not been working for a month, and' the sore was nearly healed up, and. he considered that the horse was in a fife state to work.. The collar was hollowed out in order to keep it off the sore, and the collar would not have interfered with; '< it if the animal pulled straight. The horse always pulled onone side, and was a bad starter. . When" the animal came in, the scab was pulled off, but the sore was not much worse. Inspector Aitken said that the sore was not much.—Andrew Hopa gave evidence that the horse was a bad starter. It always worked sideways, and seeing this witness thought there was nothing wrong with it. "VVhen Jjlr Aitken saw it he mentioned that the sore was very slight.—A witness,named Fox deposed that he knew the horse. It always started sideways.— Similar evidence wasgiven by Thomas Bush.—MrMacGregor then replied on the law points, after; which the case was closed —His Worship in giving his decisiou said there was no doubt but that the horse was not fit to be worked, but it did notseem tojiave been very brutally treated. It seemed' strange that the constable should see that something; was wrong with .the home, and that the' driver should not notice ifc His "Worship was not, however, satisfied that he knew that the horse's, shoulder was'bad, and dismissed the ease. ' Shops Act.:—Sam Lee was' charged with' neglecting to clsse his shop in Arthur, street on' Wednesday afternoon, the 17th, imst—Mr Eraser! appeared to prosecute, and defendant pleaded riot guilty.—Henry Maxwell, inspector of. factories, > stated that defendant's shop was in Arthur street He saw it at five minutes' to 5 o'clock on^ Wednesday afternoon.: The door was open, and there were'two men standing in the shop. A man named Crawford passed, and witness drew attention towhat was going on. The men in the shop were Europeans.v They were in front of tha counter, and the Chinaman was "behind: it. At 7.15 o'clock witness saw a boy "in the shop purchase ;2d of lollies from the defendant. Three different people cams in, but the Chinama^ refused to serve them, as he, at that time, koew who witness was. The shop was lighted up. Defendant sold groceries, vegetables, and fruit.—John Crawford, living in Elm row, said he passed the ; shop about 5 o'clock and about 7 ■ o'clock. The door was shut at 5 o clock, but the people seemed to open it and walk in. At 7 o'clock -' the light was burning in the window.—This closed the case for the prosecution:—Defendant made a statement, in the course of which he said that the gas was alight in the window, but not in the shop. A boy came in for two pennyworth of lollies, and as defendant saw fruit and lollyshops selling he sold thelollies to the boy, not knowing any better. His Worship considered that the shop was one of those that should be closed; A sale was proved against defendant, and though it was only a small one there was evidence that the place was lighted up, and that other persons were gtingiato .the shop. Defendant would be fined 5s and costs (24s Gd), and if caught again would be finea heavily. A CiiAnGE of .Diverting a Water Scpplv.— Henry Walton : Phillips, cordial iuanufacturer, was charged with improperly increasing his water supply by cbauectlus it with the water aervica in the afljoiniDg premisK* of one Munro on February 9,at Dunedin.—Mr r F. R. Chapman appeared four the prosecution, and Mr Solomon defended.—Mr Solomon mentioned that there were three charges JfhUlips and three against his partner. tie (Jttr Solomon) would not object to his friend leading evidence: to deal with the whole of the cases, and use such portions, if he did not; succeed in this case, as would apply to the. others.,—Mr Chapman said the evidence he proposed to start with would cover tno of the iuformations aud probably the third. The .offence wan allesred to have been committed on the 9th February last. The information was laid under section 335 of the Municipal Corporations Act, and subsection 3 defined an offence as foliows :— ' Wilfully or negligsutly allows any pipe or apparatus on his premises to be out of repair so that water is wasted, or alters any meter, or does or suffers any act whereby M 5 sinw of. water;ia improperly increased." Continuing, Mr Ohapmau said that what was alleged was that Phillips had done an act whereby his own water supply was improperly increased. The &^. ts,. m support of the information were that .Phillips was in business on the Sth February and hc^vent to the shop of Mr Walker, a plumber, snu obtained from him appliances sufficient or necessary to connect his supply with That of a, neishbour. He (Mr Chapman) understood that the neighbour (Mr Munro) had a pipe close to the boundary. On the Sth," Phillips o!>taiaeci this material, and on the 9th connected hw supply or pipe reediug his own premises with tnat or jttr iaunro s in such a way as was calculated to improperly increase his own supply He took measure whereby his supply of water was ins^7^ he BenCQ: Anrt he doss not pay for it? —Mr Chapman replied in the affirmative, add- ; ing that he paid for some water. The water he paid for went through a meter.—The Bench : And this would not pass through the iaeter?-Mr Uhapman said that was so. What they proposed to prove was that he did this presumably with tne knowledge of the^ consequents, and the fact that it would supply him with ivatsr that the corporation did not know of. He would not trouble his Worship with details, but would call the corporation officials and other witnesses to show that this act was not dGne thoughtlessly, but with intent to obtain an improper increase of water supply; They would show that defendant was payir.g for a very much less quantity of water than he must have known he was usiDg.— Jas Brown, tinsmith, deposed that the defendant Phil!ip3 on February last brought some pipes to him to have them fitted with screws, so that they might be joined. Ho also brought some " elbows. • The piping altogether would be about 15 or SO feet long.—Robert M'Carrigan, cordial manufacturer, working with Mr de Jongh, and formerly employed with Phillips and TJngherer for two and a-half yeai-s said that ia Mr Munro s premises, next to Phillips and Unglierer's, there was a shed divid-v! off by a partitiou. Part ot it was used by Mr Munro and part by Phillips aud tlngherer. In the Jfttter's parr, of the shed Wiin a waterpipe, which ran into a tub wnere bottles were washed. This waterpip: was connected by another pipe and brought into tne imuu buildi)ig.-Mr Solomon said " he. w»s qmte willing to admit that this waterpipe which bad flowed into a tub or rat where .battles were washed was extended into the builavDg.-Mr Chapman said he would like tobneg it out in the evidence.-Wiicess (cmtinninK) said that this pps war. continued thiougt. a brick buUdms, and joined with another pipe that came m from Kui fe st«et.-The case was then adjourned until noon next day. ■ |M „ .