CITY POLICE COURT.

Otago Daily Times, Issue 13631, 28 June 1906, Page 11

CITY POLICE COURT.

Wednesday, Juxf. 27, (Before ilr 11. Y. Widdowson, S.M.)

Alleged Tlicfi.—"William Kennedy, for i •whom Mr Hay appeared, pleaded " 1 guilty" to a charge that he iiid on .Tune 38 iteal a whip, valued 12s, the property of Morris Michael.—(Mcf-delective Herbert stated that tho complainant, who was an express-driver, missed his whip on the dato named, and subsequently saw it in a cab, the driver of which had bought il from accused. When arrested tho accused stated that Michael gavo him Ihe whip to fell, but the complainant donie<\ this.—Morris MicJiacl gave evidence in rupport of tho charge, and stated that when ho saw accused and spoke about the whip llio latter mud lit. had sold it to get money fot "boose" and that h& would get it back for hiin. He gavo accused no authority to sell the whip.— T L'o Mr Hay; He knew accused well, and was friendly with him. Witness was not drunk on tho day that tho whip disappeared, but could not say how many drinks ho had taken. Ho left his express standing in front of an hotel while he went m to have a drink, and when he came out it was away, but he did not look for il as he thought someone had taken it homo for him. ITe afterwards found Ins express in Jetty street.—Ambrose Windors (cab-driver) slated that accused offered hnn tho whip for sale, and stated that he got it from his brother.—Detectives M'Leod and Cameron also pave evidence.—Henry Lind* hurst stated that on the 18'h inst. Michael, accusod, and himself were drinking together and Michael gaw accused authority to sell the whip to got money foi driulr. Witness vra3 with accused when the whip was sold at the railway station,, and when thev returned to TlaUrny street stand, whore Michael was to meet them, he had pnp" — > •■it-rJ •"

answer to his counsel, hinted that complainant, himself, and others had n good number of drinks together in Wain's Hotel on the lath. Mows of tliem was sober Complainant [;avc him tho whip to ssll so that they might have money to buy drink. —His Worship said there was u very considerable doubt in the case, and accusod would be givcu the benefit of it and bn dipcharged. Attempted Suicidtf.—'William Birchell. for whom Mr ITfpilon appeared, pleaded "fiuilty" 4o a :harge of attempting to ronimit suicide. —Sergeant King paid accused had been before the court previously and was remanded for medical examination. The gaol doctor stated that thero wcrf> no symptoms of insanity. The accused, while under the influeuco of drink or some cjricitement. got off a tramcar und then sat in front of it on the rails just ps it was about to atari.—Mr Ilanlon stated that accused was not a very strong-minded man. and having had tome liquor, this, together with the fact tliot he had lost some money—a small sum—and another cause, Ihrew him off his montal balance for tlm lime being. H (counsel) suggested that tho V>est courso to pursue under the circumstances would bo to order accused to be of gnod behaviour and instruct that a prohibition order fihould bo taken out.—Accused was convicted and ordered to come up for sentence when called upon, and was ordered to take out ft prohibition order against himself, a course which he immediately complied with.

Assaulting a Constable —]Tuj;h Tiirliard Phimisler, fnr wliom Jlr ITsnlon inipeored., pleadrd '' Not (juilty" to aF'anlting Conslshle Edward Martin nt Caversham on (lie. Mnl Hist. —Sergeant King stated that while Cnufitablo Mnrtiu was arresting n brother nt the accused at Caversham on Saturday nijht at about 11 o'clock, the accused interfered, nnd lilt till) const ablo several blows, Hie cfiecl of the interference beirg that the man under nrrest esraped and bad not piuco lieen captured. Tho constable received several hriirs? as tlio result of tbc scuffle and \ fall, .vn! had a black eye.—Edward Ifnrtin, cmi'lah'f stationed at Caversham, said lie was arret i"': a brother n[ the acctiFed anil had some difilcully with him While he was effecting l!i." »rre»t a stone was thrown at him. Ancli-:'! i'fterwitrds rnme up Trith a bottle of beer ni his liand and said: "I have something !i»re vliicli will do for him!" He (witness) raiird (lie attention nf Mr Menr.ies. who was standing near, to the bottle of beer in accused's hand, and the latter then put it in his ])ocket. and attacked witness, striking him rcveral blows 011 the arm. During the time of fhe assault witness was tripped up and thrown off his feet by a companion of arensed. and as a result of tlio fall received a number of bruises and a hlack eye.—To Mr Ha 11 Inn: Accused's brother \m more drunk than nccu°pd was He wouhl swear positively tlmt ho did not fake his handcuffs out and strike pecused's brother over the head with them. Had accused's brother been struck 011 the head ■with handcuffs he couhl'not have ran awav — .Tolin "W Menzies. pastrycook at Caversham, stated that accused's brother went into his eliop and got goods under an assumed name. Witness saw accused try to hit tlio constable with n hottle ni)d allm.'ards saw 'him strike the constablo several blows 011 tlio arm.—Mr Hanlou here withdrew the pica of " Not guilty" and substituted one of "r.niity." The assault, he contended, was a trivial one. but the fact of it being 011 a constable made it. perbans, more serious than it would otherwise have been. It was not a case 101' a severo penalty. "What accused said, hut was r.ot in a position to prove, was that the constable struck his brothe. over the head with handcuffs. Constables were furmsh"d with batons, and 110 doubt there were occipious when it was neccssary that these should lio used, and in the absence of a baton 110 <loubt n blow with handcuffs would come in bandy Tho accused thought- the constable treated bis brother with unnecessary violence, and he admitted that lie did strike the blows 011 tho arm. "While lie (counsel) would not contend that interference with a constable when lie was arresting anyone was justifiable, r, person had n right to step in and prevent a constable from using unnecessary violence. —The police record, handed in, showed that accused had been previously convicted of assault.—His Worship said if th. assault haft been confined to an isolated blow he would perhaps have looked leniently upon it. But there were a number ol blows struck, and it aeenied to be a case where a delibrate attempt was made to rescue. Under these circumstances !ie would impose a substantial penally, which would be a warning to accused and others that officers of the police must not be intertercd with in the execution of their duty. Accused would be fined fo, cost of court 7s, and witness's expenses 12s. By-ln'w fecs.-William Diulloy and Christopher Davidson were each fined 10s, and 7s court costs, for riding bicycles in Great King street without a light. .Toseph Aniorctte was fined ss, and 7s coslc, for driving a. vehicle over the intersection of Princes and High streets nt other than 11 walking pace; and David "Wilkic, for leaving a vehicle 1111ittendcd and unfastened, was fined 20s. mid is costs.—William Walker, for allowing a rhininey to be on liro in Walker street, was fined IDs, snd costs 7s.—Robert Allen. "William "Wclnier, flordon Titchencr, Herbert 13enliett. Thomas Cole. John Mowalt, Gearce Morrison, and Alfred O'Keefo, for riding hicvclcs mi a footpath at Musselburgh wee. i-acli fined 6<i. with court cnst3 7s, and John "White, lor riding s motor bicycle 011 the same footpath, was lined 10s and 7s costs Robert Weiiner, 11 boy, who was similarly charged, was let off 011 payment of 7s court costs, and -a charge against Alexander Cowie for 11 like offence was dismissed. 011 tho deience that Jhe Wrong dato was set out 111 the summons.