CITY POLICE COURT.

Otago Daily Times, Issue 11923, 22 December 1900, Page 11

CITY POLICE COURT.

Friday, December 21. (Before Mr C. C. Graham, S.M.)

Drunkenness.—Two first offenders were fined ns, or 21 houis' imprisonment, and William M.Donald 10a, or 18 hours in gaol.

Breach of the Peace. —Thomus Ilussey was charged with having, on the 20th mat., used insulting words in Cumberland street with intent to . provoke a breacii of the peace.—Mr Hnnlon appeared for accused.—The Sub-in-specter sI/i^gcl tlifit ircus^cl iincl liis wife culled at Mr Connor's Leviathan Hotel on Thursday evening, and o;i being lold ho could not have

r, l)?d lie became very abusive, in the presence of several people i:i the (lini-ig room. He then went outside and continued to use the insulting remarks to Mr Connor, who was compelled to send for the police and give him in charge. After evidence had been given, Mr Hnnlon said the information was laid under the wrong portion o£ the section. The police had failed to prove that there was on intent to provoke a. breach oE the peace. The defendant would tell the court that Connor used a grossly improper expression with regard to his wife.— Evidence bavins; been given by accused, a fine of 40« '■.■,.., inSir-tcrt.

"Two V P . —John Borthwick was charged wit'j hivvuig, c.a the llith December, played an

unlawful game of chance known as "two up" on the Town Belt.—Mr Hanion appeared for Realised, who pleaded not guilty.—Sub-inspector Kiely sß.id that for some time past it had come under the notice of the police .—Mr Hanion objected.—On Sunday, tlie 10th hist., it came to the knowledge of the police that a number of men were engaged on the Town Belt playing a game known as " two up." The police at North Dunedin got assistance from the central station, and went to where these men were. They pretty well surrounded the plafce, when some dogs with the party playing gave the alarm, and the accused cleared out, otherwise a good many of them might have been arrested. Borthwick was, however, caught. The police saw them playing this game, and the betting on the result of each throw up. Borthwick was seen tossing the pennies. Tho piece of wood produced was the thing with which the pennies were being tossed into the air by the man arrested when the rush was made. He admitted to the police that he was playing this game of " two up," and that the others were betting on tho results of his toss.—Sergeant Gilbert said the place where tho game was played was near tho Northern Cem»tcry. There were-over 30 men playing the game.—Constable ll'Glonc deposed that, he caught accused as he was running pway. Accused said to Sergeant Gilbert that the others bet on his throws.—Constable Hanson said he picked up the piccp of wood used for throwing near where the throwing took place.—Mr Hanion contended that defendant could, not he convicted, because he was not charged with any offence against the law. He was charged with playing nu unlawful gamo known as " two up." This, counsel proceeded to show, was entirely different from the wording of section 8 of the Gaining and Lotteries Act. There was no such offence known to the law as playing an unlawful game of chance in a public place. Counsel pointed out how the information should have been worded, and contended that it wt'.s not a game of chance, as a man could, with practice, make certain of turning up either heads or tails. He quoted the ense of Watson v. Martin to show that the coins were not instruments of gaming, and pointed out that it had not been proved that accused made any bets with anyone.—Subinspector Kiely pointed out that his comrades benefited all the same.—His Worship said that he would take time to consider his decision, and three other charges of a similar kind were allowed to stand over to the 9th January, on which date judgment will bo given in all.

Bigamy.—James Sibbald Mercer was charged with having, on the 13th April, married Mary Aim Lehman, his wife then being alive.— Sub-inspector Kiely said before the police withdrew from the case he would like to make an explanation. The information was laid by Mrs Lehman, and it was understood that the police could bring witnesses from the other side to prove the alleged offence. They had communicated with Tasmania, and found that there was plenty of evidence, but the question of paying the expenses of witnesses who might be brought over had arisen. The previous day they were informed by the Commissioner of Police that he could not undertake to incur the expense of sending the witnesses over. They not only wanted their passage money, but the expenses'involved in connection with living while in Dunedin.—Mr A. 11. Barclay, who appeared for complainant, asked that the case might be further adjourned for a few days, to allow the matter of expenses to bo arranged.—Mr Hanion, counsel for accused, thought it was nn outrage that this mnn should have been arrested on the 29th of last month, and that the charge should have been kept hanging over him from week to week until this time. He had been kept in custody for practically four weeks, while the police were making inquiries, and now another application was made' foi a still further adjournment. Defendant had been kept in gaol for a month, and now the police withdrew from the case, and prosecutrix went to counsel and wanted the man kept in gaol for another week. His Worship did not think it was a case for adjournment. If the police withdrew he could dismiss the case without prejudice, and if the man was likeiy to abscond he (Mr Graham) could bo applied to for a warrant. In the meantime he would dismiss the case without prejudice.