CITY POLICE COURT.

Otago Daily Times, Issue 12419, 31 July 1902, Page 7

CITY POLICE COURT.

' 'Wednesday, .Tur.y ,10. (Before Mr C. Graham, S.M.) Theit.—Frederick Cool; was chargcd with having, oil July 5, stolen a pair ot hoots, of the value o.' Ss Gel, the property of Simon Bros.— ill'«y appeared for the acciued, who pleaded Guilty, rhis to a case in which a man named Hutehisou had lieon convicted, sud upon a rehearing, acquitted. Tim ac-ircd had lieen with Hutchison, and had picked up the toots !rom the front of Simon Bros.' thop, iiie two running my. and Cook dropping b oo f, when pursued — Ifr Hay urged that the accused had been under the influence of drink st the time, and remembered nothing about- the theft, lie was the only support of his f.iiher and ly.other.—The Magistrate said iic would treat the matter as a drunken freak. Accused would 1)5 20h, find costs (l is). Alleged Vsjrancy.—Esther Maria Mania™ was charged with tir.f, (>•! July 27, ril !e :u deemed to be a rogr.a and a- \u»ab{/ii!} within ill" mewing oi the Mci* oSf?nc>>.s Act. havin« no lawful visible means c; suoport, and i'win» been previously convicM as" en idle .r.ui di". orderly person.-Mr Invin appeared fov the accused,v:bo pleaded *" ;-Tot -uiltv."—Acting Lctective Connelly slated that he had known the accused for numit six years, and she had no mean si of Support. She ireauently " ran the cutter for otuw women, arid she was about the streets until late iionr.;.—Wetectivf CwnoeU gave similar eviuoneiv-Sergcant Conn gave cviticncc as to the previous conviction, li-nd said the cccused never tiid ar.v work. She was often about the SanrUiiHs, and slept there.-

Mr Irwin contended that there was 110 case against tho accused. All sho hud to do was to explain how ehe obtained her living. As a matter of fact sinco her Jast conviction"she had been receiving 10a a week irotn her son, Sho owned furniture and a horse and express, ar.d had received £5 recently from her sister 111 Oamarn.—The accused then gave evidence, stating that sho possessed prooertv, and was in receipt of regular instalments from her relatives.—The Alagiatrato said he thought there should be some witnesses to prove the accused's evidence.—Mr Irwin said if she had sworn wisely she had Jaw herself open to a charge of perjury,—The. Magistrate said tho accused won d get the benefit of the doubt, and sho ViOUlfl bo dißChavgod with a warniE-'. Alleged Assault.-F r .derick V,'. Lowry war. cna/god witli, on July 26, having committed a.n/ aggwvatca assault on 0110 Hannah MWi'c Isabella Hanloa Appeared tor tiia accused, ar.d elected to have tho case tried by jury.—aisb-inspector Dwyer said the prosecutor was a young lady residing , with he? narents lit Onolio. She was employed as a drapers assistant in Auld'n shop in George Street, and 011 Saturday nijrht sho had left •ier employer's shop and had taken the car > > flic Gardens, leaving at the road loading to Opoho. Whoa cioso to the bridge the accused had overtaken l.cr, and placed his hand over her mouth. She had lost consciousness to a time, and, upon reeovering her senses, had found herself on the- ground, the accuscd bending over her. Sho hail screamed then, und tho accused had ran away into some scrub.-'- It would be shown that the accused was seeii to leave the same car as the prosecutor and follow tho same road, and later was seen coming from the Opoho road. He had told tho constable that ho did not get off the particular car by which he was known to have travelled.— Hannah Maggie Isabella Barr stated that on Saturday night last she had left the shop about 10.5, and bed taken the ca; at Frederic!; street, leaving it at the Gardens, and proceeding up the lull towards her homo. When she was between the Main road and the bridge sho had noticed someone coming behind her, and after crossing the bridge sho saw that it was no one she knew. A little further along the road the man who was following touched her, and as she turned round lie placed his hand oyer her liiouth and tried to force something between her teeth. She had lost her sense.? temporarily, asm upon recovering consciousness she was lying on tho ground and the man was bending over her. Her assailant had not spoken. Wit°11033 had screamed twice. He then left her and went up tiie hill into some scrub, llcr assailaiit had been wearing a long fawn coat and hard black hat. She was quite.sure the accused was the man who assaulted her.-To Mr 1-lan-I 011: She was escorted home by two friends, wuo had been attracted.by her screams. When she reached home she said nothing to her governs. She had not fold them until after otmday church, they having heard ot it at church. The accused had been suspected then, as a young mm named Ward.ow said on Saturday night- to her that it must have been the accuscd. "Wheii brought to identify tho accused she had said she thought lie looked like her assailant Frederick (T. Aichol stated that he had been at tho Opoho read when thecar arrived front which the girl Barr had alighted, and he had seen the accused get off tho same car and follow her. Witness knew that was not accused's way home, and ho had been suspicious, Witness proceeded along the Vallcyroad, and after he had proceeded some abort distance lie heard screaming up tho Opoho road, and he then ran back, Ho saw the girl was crying There were three other young men there'then, and they had all gone up the hill with the girl.-To Mr Hanlon: Accused had been wearing a light fawn-coloured coat and a hard hat. Ho seemed c, little the worse for liquor. When witness heard the screaming he mentioned his suspicions to Wardlow, who was with him.—Charles Price stated thai 011 Saturday night 110 iwas on the Opoho road at 10.30 when he heard a cry. He ran up the hill with eomo others who were with him. They met the girl at the Opoho bridge. She had bjen running down the road crying. Witness and two 'others escorted her hoine, and Nichol and umiher camc up after; wards.—Thomas. Thompson,- painter, residing at Nol'lli-East Valley, / _gnva corroborative evidence, and said the girl wa's hysterical and could hardly stand. Witness knew the .accused by sight, and had sseu him that night, after -the occurrence, on the Opoho road iibout-20 yards from the Main road and coming towards the Main road. Accused seamed to overhear witness and others talking at;the corner about tli'.* assault, awl- he made 'a circuit to avoid t'nera. The accused then went along the Main rosd to tho Botanical Gardens Hotel.—Coll- - Lynch deposed to arresting the accused, who had said he had not been near Opoho ou Saturday night. Ho had gone right through ori the car to Selwyn' from Dunediri.'—This closed the case for ihe prosecution.—Defence being reserved, the accused was committed for trial. Bail was allowed, accused ,in his own recognisance of £100, with one additional surety of £100. or two of :CSO.

Failure to Register Birth.—Norman Wood, charged with failing to register the birth oi his child; admitted the offence, and was fined Is, and coats (7s). Alleged Assault.—Charles Sinaill was charged, ou the information of James Patrick, with, on July 13, having, assaulted the said James Patrick, at Tomahawk.—Mr Hay appeared for tho prosecution, and Mr D. D. Macdouald for the defence.—Mr Hay, in opening, said July 13 had been a Sunday, and 011 that evening there had been a religious meeting in the Tomahawk Schoolhonse. -At S o'clock the. meeting closed. Some young men were standing outside, and amongst them were the prosecutor and defendant. Sonio altcrcat'ou- arose between Patrick and James Smaill (the defendant's brother), and then, without any provocation, the defendant ' caught the prosecutor by the throat, knocked him over a barbed-wire, fence into a gorse hedge, and thera got on top of him. Patrick had a pistol in au inner pocket, and when hp was thrown down by Smaill'th/s had fallen cut of his pocket. He subsequently went to pick it up, but being surrounded by

several others, he had given it up without protest or trouble. Tho explanation as to the pistol was that it had been given to the prosecutor by a trooper who was leaving for South Africa, and tho prosecutor left it in a pocket in an old coat. Tho night in qucstionbeing cold, ho had put on the old coat underneath another one, forgetting that the revolver wa3 there. About midnight the prosecutor was interviewed by a constable and arrested for assaulting Smaill by pointing a revolver at him. At the court proceedings Patrick had never even been called upon for a defence. Tho conduct of Smaill showed a great deal of malice. —Tho Magistrate said tills squabble would surely have been hotter settled out of court.— Mr Hoy: Wo would withdraw the case, but I submit——.—Mr Macdonald:. I am lot going to withdraw.—James Putrid; gave evidence in support of counsel's opening. Cross-examined by Mr Macdonaid, ho admitted having changed hats from one peg to another in the schcol porch. Witness bod given nn'tho revqlver Without any resistance, and had 'not brandished it, threatening to shoot someone. He ha:l been throws down again after ihe pistol war, taken awav, and 110 had called Smaill a toward. Smaill threatened to have witness arrested for having the leaded revolver, it being loaded in live chambers. Before leaving witness Smaill again Struck him several times, Tho witness admitted having shaved off his moustache when he got home that night. Witness had not been in the habit of carrying the revolver, nor had ho threatened to " bore holes through some people. I '—William Ings, farmer, Tomahawk, gave Evidence as to seeing the assault. During the struggle lie heard Smaill say he would take the revolver from Patrick. To Mr Macdona-ld: Tho defendant had been holding Patrick, when defendant's brother went up and took something from Patrick, which witness subsequently saw was a revolver. Witness had heard Patrick call James Smaill a liar.—William Stewart, labourer, gave evidence. In reply-to Mr Macdonald, he said that when the revolver was taken from Patrick defendant was holding him by the arms, and Alexender Smaill wrenched tpc revolver from Patrick's hawk-James Stewart also gave evidence.—Mr Mscdonald said ho thought the Magistrate would see through the case ori the testimony of the prosecutor. Tho prosecution wanted it to be believed that Smaill, without any provocation, assaulted Patrick. The facts wore that Patrick had been annoying the congregation by blowing tobacco smoki;- through a hole, in the window and shirting hats in the porch. He (counsel) need scarcely point out that it would not do to allow young larrikins like Patrick to be allowed to carry loaded firearms. The story that he did not know hehad the revolver with him was very thin. Patrick had threatened on several occasions to drill boles through somebody, When Patrick callcd Smaill a. liar he pulled out. the revolver, and then the defendant sprang at him.—The defendant, in giving evidence, said Patrick had used abusive language towards his (defendant's) brother, and called him o. liitr. Witness noticed Patrick drpw the revolver frotr his pocket, and 'then seized hira> holding down his arms to keep him from usin" the weapon. Defendant denied using bad Im° guage. - Patrick had used profanity,, Defendant had not assaulted Patrick at all.-Thc Magistrate at this stage said it was unneceasaiy to {?o further with the capo. J*le was Quits satisfied thai the disturbance hnd arisen through the conduct of tho complainant. The complainant having nroduc-ed a revolver, the other man was not to blame for sDritisrftig upon him. The case would bo dismissed, with costs (£2 us) against tho complainant.