CITY POLICE COURT.

Otago Daily Times, Issue 13288, 20 May 1905, Page 2

CITY POLICE COURT.

Friday, May 19. (Beforo Messrs W. Waidiop and J. H, Hancock. JP's) Drunkenness—A first offender, for this offence, was convicted and discharged. Theft of a Gold Ring—William 3. Preston was chained with n gold ring, value 2Gs, the propeity of William Newbury, and was remanded to limam

Piolnbition Order.—On the application ol a wife a piolnbition order wag granted against a husband.

Hiding a Bicycle on a Footbath —James T'i :=on, for riding a bicycle on the lootpath m Macandrew road South Dupedin, was fined as, and cost 9 of court (7s). Plying for Hire on Unauthorised Stands — Ambrose Wmdcs, William V. r a!dren, Bernard (Joodmanson, anil David Taylor were ohai t od with piving for liiro Willi passenger vehick, on stands otherwise than those authorised toi such pui poses — Inspector Donaldson stated that, the prfdic.! of cabmen plying for hue in the streets at places oiher than those set apart for tho purpose was becoming a public nuisance, and that this was especially the case til holiday limes.—The dofendants ■were fined ss, and 7s cools in each case. A Calico Advertising Sign.—ltoland 'Wiighoin was ehaiged with displaying a calico sign for the purpose of ad"erti=cmcnt in front or his premises, Princes street south.—lnspector Donaldson prosecuted tortile City Coi poration, and said the =ign was displayed on the 9th inst. and since, and that defendant lefused to remove it.—lnspector Barron also gave evidence as to defendant's lofus.v! to remove the sign—Defendant plead-ed that flit calico advertisement was not put up until tlu 12th intt., tfiat it was glued to the buildinj. in the niunnei of an ordinary sjgn, that it \vp< fully 9m off the streetway, and, further, that it was no!> an infringement of the city by-lawt-—lnspector Donaldson urged that ail exact 1; similar case had been taken on appeal to the Supreme Comt, and that that court had held IhoTo wns a broach of the by-law.-lhc Bench decided that the ca.se was not smu'ar to tlic one quoted, and dismissed the chuge. Insanitary Piomisos. - Budget Hodges, charged with ktcpmg hei pitmiscs in Stuart street in an insanitary condition, did not appear, and was fined 10s, and co3ls ol com t (7s).

Obstnictmgaud Assaulting a Hallway Officer —floor,;e William Baird, foi wlicm Mr Ilanlon appoaied, was charged tlrnl he did, ou Ma\ 8, at Pc'ichft Bay, obstruct W. II Cracknoll, tin ofneer employed m the X-c-v Zealand Goicnimcnt railways, wlnlo the la'.tei was in tlic cMciition of Ins di'ty.—Mr J, F. M. Frasor, who prosecuted for tho department, said the acouecd was a pass/ngcr by one of the evening l nuns from Port Chalmers to Duncdin on the Blh mat, a dato on which a stoppage occuricd on the line through a derailment. Batrd get on tho tram without a ticket, and his faic was afterwards collected by an assistant guard. Tho porsou who collected the fmc, ovv::.g to the special circiunst<mec3 of the tiaffic, hnd ,t large number of tickets to collect owing to pnssengcis being transferred from one tram to another, and when ho collected tl,o fare he had not his ticket book with him from which to give defendant a ticket, but told the latter that lie would give him a ticket alter he got his ticket book, and when ho had finisliel collecting tho othei tickets. The cecifcd, v'ho wis atlcctcd by drink, Then became assertive, and demanded u receipt foi l.is moncj, and sajd lie would follow tho guard about until he not a ticket. Accused *hen got up and followed tho guard through the train, and frequently demanded a ticket, and when the ham arrived at PeKchct Bay, and the guard got off to speak to tin ilationmaoter, aecuscd also got off and followed him along the platform, and when the train again got m motion, and the guaid got oft the gmrd's van, the accused attempted to follow him. Tlio acting stationmaster (Mr Cracknel!) seeing the acemed moving towauls the train, and anticipating that he intended to board it while it v aa in motion, stepped between actuscd and tho van, and the 'after then struck tho official scv oral blows, foi which not the slightest provocation was given. The fact o! accused being under the influence of liquor on tl|e train ras an aggravation of his offence, and cou'd not b° looked uport as a mitigation, as he had voluntarily laiuced himself by his excess to a condition when his reasoning faculties \v*io mi - ] aired, and vn eonscquonce of wlncn ho became a nms.i"-,00 to his fellow and tjie lsihva; officiab If there was one place in )1.0 oniony whe'e grod older and obedience to discipline wore necessary, and both for his own °afetj .ir,d sthe rafety of the officials and the publtc, it -was not desirable that a person affected by drink should be encoiiragedi to misconduct himself oil her on a train or railway platform, and counsel asked if a conviction was recorded that a substantial penalty should bo imposed —Evidence in -support of counsel's statement was given by Geoigc M'Leod (acting railway gnaid on the traul) Henry Willis (guard), and William Hemv Craekne'l (acting statioi,master at Pelichot Bay Railway Station), Ifr Hanlon =aid the department in this matter woro making a mountain oirt of a mole hill The rholo trouble arose through Acting Guard M'Leod collocting ,i fnro for which he did not 6ivo a ticket, and the defendant was qmfo within bis rights in demanding a roceipt for his money. If the acting guard had hnd his ticket liook with him, as he ought V* have br 1, there wcnlil have no disfatrKnoo op tho tiain, and if tho department wished pr°p'o to lcspect its lognlations it should +p?cli il= wwants to farrv them out As to the obstruct'on of the statienmnster, lie admitted that theio had been an obstruction, and that d"fendmt was not instilled in sinking flip station.naster, and that if he hsd a griehis duty was to report it to the anthoiiti«; b'lt tho was not of sd serious a nature as livd" cut by his learned friend ai.d wou'd he met by the hifbchon o£ a modcrat" pe n alty. Defendant stated that he vms shoved liy th" «'itionnia»ter when attemnting to '•o to the train, and after t'lo man hid rtruck the ofHciil.rnd lealised what lie had done he rrolojiscd.—l'>idc nee was given b; defend n't, who admitted striking thr acting stationmastei o' ce or twice but urged that ho had been pro- , "kel into doing so by ho Bimoyinee he Wifs i <o on tho (rain He denied the* ho ■was under the influence of liquor, and that he had nn'i had f Hree ctnnkp tha f diy H« al'o as'e r tcd that th» etationnwtlor had placed his two hands on vitncss's shoulder when ho tried 1-0 prevent hmi from getting-on the train.— 'lllo'Bench said the dMurbanc? to» Ihroush

11.0 punrtl not pivinjx dcfowlent a tirkct. l>'it 'ickl Ihnl a technical m=a«]t had lie°n commil'rd bv dtfendnit elrikirc the qht'ormifltcr, but ns ]i f ha/1 .ipolojr'sod for th'it the Bench 1 'o™lit the irw>]ofv should have been accepted, hk l thfly (lcnaeO to d'siniss tlio mfirniption.— ,pl io ramc def»nd?nt then plea ltd "Guilty" to "<?thrg rtr the tram it wis 111 motion, mill Mr Frj-oi End the present cWge, in p:mt of eravity, wn? not ao loripns ns,tbe pro\imis one, vliercm fhe bench lied In id it down that if a. nwi ftnift i> Ttii'.w?y official it wits siiiTlcier'L if hs aftawards apo]o?iae<l for his notion. ITc did not wish to comment on tho bench's action in the provinus case, and ho would leave Iho penalty on the second charge ontireiv to tbo bench to decide—A fine of sa, costs cJ court (lis), and witncoeei' cxpen«ei (Ds) uns in>»osod and professional cost? were allowed to the parties in both crfti.