CITY POLICE COURT

Otago Daily Times, Issue 11797, 28 July 1900, Page 11

CITY POLICE COURT

Fbiday, July 27. (Before Mr C. C. Graham, S.M.)

Drunkenness.—Three first offenders, and Robert Young, were each fined ss, or 24 hours' imprisonment.

A Case Withdrawn.—Margaret Buckingham was charged, on remand, with the theft of a quantity of clothing, valued at 40s, the property of some persons unknown.—The Subinspector said tho police had not been ableto get the clothing identified, and they would have to abandon the prosecution.—The case was withdrawn.

Alleged 111' Behaviour in a Railway Carriage. —Lewis Mathesoii was charged with having travelled between Dunedin and Burnside in a railway carriage without having previously paid his proper fare, with intent to evade payment thereof.—Mr Hunlon, on behalf of acciißed, pleaded not guilty.—The Sub-inspector of Police stated that Assistant Guard Brookman was in charge of the train on the evening in question, and was collecting tickets on the way to Cavershara. He requested this man to produce his ticket, but he refused to do so. Several times accused used filthy language, and the assistant guard had to take him before the stationmaster at Cavershara.— Evidence was given by Walter Brookman, William Jack, and Walter M'Lean.—Mr Hanlon contended that the bv-la-ws put in had been re-

voiced. The charge was with travelling without having previously paid the proper fare with intent to evade payment. Counsel woitid put defendant into tho box, and he would tell the court that he had resided at Burnside all his life, and had been travelling backwards and forwards on the railway constantly, He went to the office at Burnside and paid his fare. One.half of the ticket was taken by the guard on the road in. In town defendant got more drink than was good for him, and lost the other half, and when a.sked for it, not then knowing he had lost it, he said he would give it to the guard when he got to Burnside. He had a further look in his pockets, but could not find it. The charge was with travelling without having previously paid his fare. There was no evidence that he had not paid his fare; as a matter of fact he had previously paid his fare.—Defendant, having given evidence, hia Worship pointed out that he (defendant) had sworn that he had paid his proper fare, and there was no evidence that he had not. The case would be dismissed. Mathecon was further charged with behaving in a manner offensive and annoying to persons in the railway carriage.—Mi Hanlon said defendant would plead guilty to this charge. He admitted that ho had got some drink in town, and that when asked for his ticket there was some sort of disturbance, and he had not beliaved as he should have done.—Fined 5s and costs (18s). Obstructing the Working of a Railway.— William Fiddis was charged with having, on the 11th inst., in Rattray street, driven a horse and cart on to the railway crossing, whereby th)' working of the railway might have been obstructed. —Mr J. F. M. Fraser appeared to prosecute, and Mr Hanlon to defend.—Mr Fraser said the information was laid under " The Public Works Act, 1894,' section 203, subsection. 2. There was a railway crossing in Raltray street, and on the day in question defendant drove his horse and cart on to the . line. The engine was approaching, and the crossing bell was ringing. Defendant brought his horse close up to the rail 3, and when tho man in charge of the crossing told him to go back lie would not do so, and the crossing keeper was compelled to take the horse by the head and put it back to a safe distance from the rails. It was only right to say that defendant had been warned several times over this kind of thing. His whole attitude was extremely bad, and what he did was not only dangerous to himself but to others.—Evidence wa3 given by John Loan and William Halligan.—Mr Hanlon contended that from the wording of the charge it was laid under subsection 3, not 2, and if it had been laid tinder subsection 2 of tho information would be bad, as the offence contemplated by subsection 2 had not been disclosed. The information had be&n laid under subsection 3, and it was now stated to the court that it was laid under subsection 2, it being found that there was a specific section to deal with a. specific act.—His Worship had no hesitation in convicting, considering defendant had behaved very improperly, and had been a source of danger to the public at large. With regard to ' a second charge against Fiddis of using threatening language whereby a. breach of the peace might have been occasioned, Sub-inspector Kiely said he thought it would only be right to withdraw it, as it would only be an aggravation of the other offence, in his Worship's eyes. He would withdraw it, and' let his Worship deal with the one case.—Accused was fined 40s and costs (30s).

Indigent Child.—Violet Ruston (six weeks old) was brought before the court under the Industrial Schools Act.—The facts disclosed that the child was illegitimate. The mother, 18 years of age, was in the Benevolent Institution, and the father had gone to South Africa. —The child was committed'to the Industrial School, to be brought up in the Presbyterian form of religion.

Attempted Suicide.—Charle3 Hendrick was charged, on remand, with having, on the 25th inst., attempted to commit suicide by stabbing himself with a knife. —Sub-inspector Kiely stated that on the morning ox the 25th inst. this young man came home to his mother's house in South Dimedin, and had some conversation with a young girl who was staying in tho house with his mother. It appeared they had been keeping company, and she told him she would have nothing more to do with him. He immediately wont into another room, and stabbed himself in the side. The girl found out what he had done, and ran out for assistance. A constable came, and found the man bleeding from a wound in the side, and had him removed to the hospital, where he was attended to by Dr. O'Neill. He first said he had fallen down on the knife, but afterwards told tho constable that he had made a fool of himself, and was very sorry for it. The Subinspoctor called May Hall, who, as ilr Graham remarked, did not seem to be in a fit condition to give evidence. His "Worship would, in deference to her feelings, clear the court. —Mr Hanlon, defendant's counsel, said there was never anything gained by sending these cases for trial, because defendant was only bound over to keep the peace for three or six months. It seemed a loss of time, money, and labour to go on, and he could see from the state of mind of the girl that they were going to have a difficult time of it. —His Worship quits agreed with what Mr Hanlon said. It was putting the coimtry to a great deal of trouble and unnecessary expense, but lie had no power to do otherwise than hear tho case.—Mr Hanlon said that what was generally done was to remand the case for a few days, and after defendant had spent that few days inside a gaol, and had got over the matter, they were looked upon as being fit to go free.—The Sub-inspector said the thing was evidently due to drink,—Mr i Hanlon thought the doctor would say that there was no harm done.—The girl continuing to show every symptom of being overcome by feeling, and unable. to give evidence, Subinspector Kiely remarked that they might be kept in court for hours with her.—His Worship said he would adjourn the case.—Mr Hanlon said he would object to that. Ho understood it was a case of the girl not wanting to give evidence against the young fellow. — Sub-inspector'Kiely: She is afraid he is going to get into trouble, and she wants him to get out of it.—The girl, sobbing, " I am the cause of it."—lt was here decided to call other witnesses first.—An drew Turnbull deposed that he was called to Hendricks on the morning of the 25th inst. Hendrick seemed to have been off his head altogether—with drink, witness thought. ,He had a pocket knife in his hand, and his brother and sister were trying to take it from him. Witness assisted, and, when ho found it was no good, he gave it up. The knife touched witness.—Dr O'Neill stated that, the wound was a quarter of an inch long, and a quarter of an inch deep, and was on the left side of the chest. The knife pr*o-

duced could cause such a wound.—His Wor

ship said a man with a weapon like that would, have made something more than a wound a quarter of an inch deep, if he had wanted to. Ho dicl not think there could have been any real intention, on tho yoti'ijr man's part to com-

Mit suicide, and he would dismiss the case.— Sub-in snector Kiely: I think before defendant leaves the court a prohibition order should be made against him. His moUier was very anxious, so she said to mo, about it. Drink

has had a lot to do with it.—Mr Hanlon, who had been consulting with defendant, on behalf of defendant: I apply for a prohibition order against him. —His Worship: Very well. To

the clerk of the court: Make out a- prohibition order against him, to apply to the Dunedin and Ciweraham districts.