CITY POLICE COURT.

Otago Daily Times, Issue 13208, 15 February 1905, Page 7

CITY POLICE COURT.

Tuesday, Feeruary 14. (Beforo Mr H. Y. Widdowion, S.li.) Drunkenness.—Ann Jennings, against whoai {liere wero a number of,previous convictions, was sentenced io seven days' imprisonment; and a first offender was fined 53, or 24 hours' imprisonment. Disorderly Behaviour.—Donald Jl'Leod was charged with using behaviour at the Dunedh Railway Station on tho 13th inst. a breach of the peace wnp occasioned.—Tiie police evidence was that defendant was fighting with another man at the station on tho, previous evening, and caused a considerable' disturbance. —Defendant was fined 20s. Maintenance.—Esther Davis (for whom Mr Barclay appeared) was charged with disobeying ail order of the court for the maintenance cf her .child, an inmate of the Caversham Industrial School.—Mr Barclay said defendant, a married woman, was willing to pay 9s Gd a week regularly for the future, and, if possible, the balance, and the r . adjourned for a fortnight to see that .-.-us carried out.

Criieiiy to a Horse.—-John l'lih, a boy,.was brought up on d mid charged with cruelty to a horse by wo--king it while it h p d open soles on its back. boy T s employerWilliam Christie, a fishmonger—was also charged with pemitting the horse to be worked while it had open sores.—The police evidence was the same as that given last week—viz.. that the horse bolted from llattray street and proceeded down George street, wbero it was stopped by a constable and found tn be suffering from open sores on its back.— The defendant Christie pleaded that lie knew nothing of tho animal's- condition, and that his attention had not been called to it. He had only had the horso about four weeks. The horse, he thought, had been taken out by tho boys and ridden by them without authority, and it was then that the injury to the horse's bacl? occurred. Tho animal was one for which be had exchanged another horse, but witness did not know whether tho animal had a sore back when'it camo into his possession.—Evidence was given by the police, Mr W. D. Hanlon, and John Bain, and his Worship said he did not believe tho owner's evidence, and would impose a fine of. £5, which ho Loped would mako defendant more careful in regard to tho treatment of his horses. Breach of By-laws relating to Heavy Traffic.—Robert Balloch (for whom Mr Stephens appeared) was charged with causing a traction 1 cngino to bo driven along tho Main 1 South road, near Bnrnside, Taieri County, •without having first paid the corporate body, tho County Council, the yearly liccnso fee.—Mr Stephens explained the circumstances, which wero to the . effect that defendant and his brothers had bought an engine, 1 which they wero taking to Gore through Taieri County, and technically they admitted having committed a breach of tho by-law.—A fine of Is, with cos's (lis), was imposed. Prohibition Order.—Oil tho application of a ■wife, a prohibition order (by cousent) was granted against her husband, to apply to Caversham and Dunedin licensing districts. Alleged Breach of the Licensing Act.— Joseph Toomey was charged with being found on licensed premises—to wit, the Provincial Hotel—at 11 p.m. on tho 27th pit., an hour during which tho said premises wejo noE entitled to ,bo open.—Mr J. C. Stephens; who appeared for defendant, pleaded "Not guilty" -Sub-inspector Green said tho charge was laid under section 42 of t!io act of last year, under which it was an offence to be found> oil licensed premises during unlicensed hours, and any person so offending was liable to a fine not exceeding £2, unless such person could give an explanation which would satisfy the court he was there for a lawful purpose. The defendant, with several others, was seen by two constables, on the date of the information, coming out of the Provincial Holei at 11 p.m., and the license was only for 10 o'clock. Defendant and the others were met by tho constables, who demanded their names. Two of the men got away, and the names of defendant and two others wero taken. When defendant was asked what he' wa3 doing in. the hotel, ho replied that he -was "having a yarn." The other two persons gave -wrong names, but tho -defendant gave his correct name. It was for tho defendant to show that bo fvas on the premises for a legitimate purpose.—Sergeant W. Lyons said he was on duty in Stafford street on the evening of the 27th lilt., and his attention was called to tho door of tho Provincial Hotel being open. Defendant and four others came out of the hotel at 11 o'clock, am) some names were tnlcon by himself and another constable. When the men came out and saw tho constables approaching tlicy showed a desire to avoid, them, and two got away. Tho names of two others and that of defendant wero obtained.—Gordon Baird, police constable, gavo corroborative evidence. Two' of tho men ran away, and witness took'defendant's name and Sergeant Lyons took the names of (ho other two.—To Mr Stephens: Defendant did not attempt to eva<te tho police, and gave his namo when asked.—To. his Worship: Witness Eaw tho men coming oiit of tho door, but did not see them in tho hotel or in the passage of, Uio hotel.—Sub-inspector Green said that was tho case for the prosecution, and" it was for tho defendant to show the court he was on tho premises lawfully.—Mr J. C, Stephsns, for the defence,,-submitted. .that defendant could not be convicted under' tlio' section of the act under which the information was laid. Tho section stated that it was an offence to bo found on the premises aft« licensed honrs without lawful excuse.; . The section did not' mean it was' ail' offence to be seen coming out of licensed premises, and if that had been intended it would have been said in so many wortjs. In order to bo convicted it must bo proved that defendant was found there. Ho would not call any evidence, but would rely upon tho point lie had'raised.—Sub-inspector Green contended that if anyone was seen coming out of the promises it was to bo presumed they were in there.—His "Worship: But you -havo brought no evidence, Mr Green, that tho defendant was in the premises. I havo foreseen tho difficulty in connection with tho word "found," and will'reserve niy< decision in the case.