CITY POLICE COURT.

Otago Daily Times, Issue 15954, 23 December 1913, Page 9

CITY POLICE COURT.

Monday, December 22.

(Beforo Mr J. R. Bartholomew, S.M.) Drunkennesa.—For this oifenco Richard M'Pheraoii was lined 'Hi, m default euvci days' imprisonment with hard labour.—Patrick Uriscoll, who talked volubly,' and asked entreatmgiy for another chance, was sentenced to one month's imprisonment with, hard labour. Patrick Joseph Joyce aud Walter Rae Spenco were each lined' ifls, in default 48. houra' imprisonment. . False- Pretences.—William Henry. Bransgrovo, who appeared belore the court on Wednesday on a charge of false pretences, was again before it to answer two further informations. He was charged that on or about October 12 he did falsely represent himself to bo the chief electrician at Fullers' theatre- aud thereby did obtain goods to the- value/ of £1 Us 6d from one Pearl Walker. On a 6econd count -he was charged -with obtaining goods to the value of lis 9d from one Laura Heller by falsely representing himself to be tine owner of the racehorse School Girl.—Mr Irwin appeared for tho accused, and pleaded guilty. Chief Detective Herbert said that since tlio accused was last before the court two fresh charges had been prcfererd against him. These were pretty well on the samo lines as the first charge. He had represented himself to a young woman who kept a small shop at tile corner of King and Howe 6treeta that he was an electrician employed at Fullers' theatre, but on the strength of this statement had obtained goods to tho valuo of £1 Os 6d. In the otner caso ho represented that ho was the owner of tho racehorso School Girl and obtained goods to the value of lis 9d.-Mr Irwin said the accused was a divorced man, and since being divorced he had been living with a woman aud he had three children to support. It was a fact that for some years the accused was an electrician in the employ of Messrs Fuller and Sons, in Christchurch. At tho timo the offence was committed he was not in any employment, and having these three children and their mother to support, and being hard put to .it, ho adopted tho method mentioned in order to get some food for them. Ho submitted that it was abundantly clear that he was not getting money by false pretences for the purpose of squandering it on drink or some other purpeso of his own, but in order to get food lor the children. In tho circumstances he hoped tho court would give Ihim an opportunity to turn over a new leaf and to try to get into employment. Ho was not a very powerfully built man. and was not likely to get employment except at his own business. No doubt he had been drinking lately, and that might have contributed a little to his trouble.—The Magistrate Lsked what the ace-used was doing between October and the date in November when tho last offence was committed.—Mr Irwin said he had been drifting round doing nothing. Restitution would be made of tho value of the goods _ obtained, and a portion would be paid into court immediately.—Tho Magistrate asked what was the nature of the goods obtained.—Mr Irwin stated that they were all foodstuffs.—ln answer to the •magistrate Chief Detective Herbert stated that tho accused had served three months for failing to comply with a maintenance order.—ln giving ins decision tiie Magistrate said tho accused had not been in gaol for any crime, and this charge differed from ordinary charges of obtaining money by false pretences in that they were not very great, and amounted to articles of food for tho purpose of supplying the household. He had decided not to send him to gaol, but would convict and order him to come up for sentence when called upon at any timo within 12 months. Restitution would have to bo made of tlio valuo of the goods obtained—Mr Irwin asked for a few days in which to find the money necessary to make total restitution. —Tho Magistrate allowed seven days. The accused was also ordered to pay 15s witness's expenses.

Two Charges of Assault.—Hugh Wilson was charged that, on November 26, at South Dur.edin, he did assault one Harold M'lvor. —Sub-inspector Fouhy prosecuted.—Mr Scurr appeared for the accused, who pleaded "Not guilty."—Maria M'lvor, mother of tho complainant., stated that her son vw 11 years of age, and on the date in question she saw a man taking him down Burns Btrcet. She followed for some distance, and saw the defendant throw the lad down and kick him. A man named M'lntyro also crossed the road and prevented the man from further interfering with her son. Witness asked the accused why he had kicked the lad and tho latter had'replied that tho lad had stolen his roses. Tho man at first dented having interfered with tho lad but afterwards admitted it.—Harold M'lvor, complainant, also recounted the circumstances of the assault—Duncan M'lntyre gave an outline of what had taken place in a very clear manner.—At this stage Mr Scurr said it was impossible for him;'in the face of _ tho evidence, to uphold his plea of rot guilty. With the permission of the court he would call no evidence and would ■withdraw from tho case—The accused made a very rambling statement, in which he denied having committed the offence, but his remarks were totally controverted by the ev:dence.-The Magistrate said the assault was a very cowardly one, ajid the accused was probably only prevented from doing the lad serious injury bv the arrival of Mr M'lntyre. He would be fined £3. and costs (12s), tho alternative being 14 days' imprisonment, with hard labour. Walter Clark was charged that, on December 2, at Dunedin, he did unlawfully assault one John Robert! Clark—Mr Hanlon appeared for the accused, who pleaded "Not guilty."—John Robert Douglas, wharf labourer, said that on the 2nd inst he was working on the Turakina. The accused was a cab-driver, and was also working on the wharf. When witness was passing tho Terminus Hotel the accused stepped out on to the road and struck him on the forehead.—To Mr Hanlon: The accused was r.ot on the cab rank that evening, as witness passed it subsequent to the assault, and did not see him.—Thomas Edward Rodgers, labourer, who was then called, proved something of a disappointment to the ■ prosecution, o,s he stated that ho had seen nothing of an assault upon Douglas, and though ho was examined at some length nothing of value was elicited.—William Benfell also gave evidence—For the defence, Mr Hanlon contended that the only evidence against! the man was that of Douglas, and it was of _ tin extremely unsatisfactory and unreliable nature. Tho other two witnesses said they had not previously seen the accused. It was.'a clear case of mistaken identity, and the accused had been confused with another individual who had been more or less heard of in connection with the strike. Clark was a- cabman, and after going down to the 5.30 train he returned to tho rank at once. Three other cabmen would corroborate that statement—Tho accused, on being called, bore out the state, unents of Mr Hanlon, and absolutely denied ;he charge.—Ambrose Winders also gave evidence, which showed that Clark had been on- the cab rank all the evening with the exception of a visit to the railway station to meet the 5,30 p.m. train.—Tlie Magistrate said tho case was apparently one of mistaken identity, and tho accused would therefore bo discharged. Breach of the Peace.—David Wilson was charged that, on December 2, ho did use threatening behaviour in Cargill road with intent to provoke a breach of the peace.— Mr .Hanlon apptared for the accused, who pleaded "Not guilty."—Constable Fryer stated that _ at 6.40 p.m. on December 2 he was standing at Cargill's corner. Ho noticed . an express coming along King Edward road at a rapid pace, and also saw the accused', driving a gig, trying to overtake it. The accused had an argument with some man in the express, and ho recoived nn overcoat from one of the occupants of the express, and ho then tried to pull a man named M'Teague out of the latter vehicle. Witness went to investigate the matter, and tried to get accused's name, but ho jumped into the gig and lashed his horse, making it rear up. Witness did' not hear what accused said to M'Teague.—ln answer to Mr Hanlon, who appeared for the accused, witness said that no whin was thrown out of the express. The reason why ho went towards tho express was because he thought there was going to bo a fight, and he intended to stop it. He heard no bad language,—James M'Teague gave evidence to the effect that ho did not have any trouble with the accused. He only drove up to tho express which witness was driving in and got his coat. He did not sco Fryer. _ Witness had always been good friends with accused. Wilson did not get hold of him to try to pull him out of the express.—ln reply to Mr Hanlon, witness denied that there was any trouble between the accused and himself on the day in queetion. Walter Newbury eaid .he saw tho eonstnlilo get hold of the'horse in the express. The first thing he noticed, however, was tho two vehicles going along at a rather fast pace. He did not know why ho had been called as a witness, as there was nothing, in his opinion, to make a case about. Ho saw tho accused pulling « coat out of the express, and ho heard him say, "I'll settle with you for this." He did not know what he meant by thai— To Mr Hanlon: Witness said that after tho accused got his coat ho got into his trap and drove away.-Mr Hanlon said this was a. rrumpory case, and one which, in his opinion, should never have been brought before the court All that had been done by tho accused, was that he took hold of M'Teague, but there was nothing to indicate that it was done violently or with any feeling. That wrt of thing was often

done ae a joke. Tho constable was more or less mistaken as to what took place. The facts wcro that tho man M'Teaguo had been trying a horso owned by the accused, and, on leaving the ((ueueed's) gig, he took with him tho accuse;!'* coat and whip and placed them in the excess. When this was discovered by the acuscd lie drove after the express with the vttject ot getting his belongings. Ho caught up to the express and hurriedly got hia things. Nothing was further from his mind thar the commission of a breach of the pau* or any breach at all. It would be. very Hani if he was to be convicted of a crhuo in the circumstances.—The accused baring given evidenco, the Magistrate said ho had a shrewd suspicion in this oaso that the parties immediately concerned seemed, in view of tho appearance of the constable, to have taken a different view of what had transpired. In view of tho evidence given, the position as stated by the constable, had not been made out. The information would bo dismissed. By-law Cases.—Angiw Marshal! was charged that, while driving a motor car from Princes street into Huttrayj street, ho djd exceed a speed of four miles an hour.— Constable Maiden 6tated that the defendant, who admitted the facts, had turned tho corner at a speed of eight miles an hour.—A fine of 5s was imposed, with costs amounting to 7s. William Bamber was charged with driving a vehicle on ihe wrong side of Cargill road, and pleaded guilty.— He was fined 5s (costs 13s). Maintenance.—Hugh Campbell Kidd nn remand, was charged with failing to make provision for his unborn illegitimate child.— Mr Irwin, who appeared for the defendant, said tho man would admit paternity, and, subject i» fhc magistrate's approval, was prepared to enter into a bond of £100 to comply with any order that might bo made against him to provide for the child. —The Magistrate sai'd he would take tho defendant's admission on oath.—This having been given, an order was mado that the defendant enter into a bond of £100 to prov:do for tho child when born. Costs amounting to £2 2s wcro granted on tho application of Mr Hanlon, who appeared for tho complainant. An ordet was made against John Herbert Holmca for the payment of 3s 6d a week towards the support of a relative in a public institution. Ho was also ordered to pay tho arrears (£2 16s). Theft.—Thomas Angus was charged, on remand, that at Dunedin, on or about November 15, he did steal a leather bag containing a.suit of clothes, a metronome, a number of gold and silver medals, band music, and other articles, of the total valuo of £50, tho property of Archibald Sclinack.—Chief Detective Herbert outlined the facts, which were similar to thoso published when the accused was remanded last week.—Tho evidence of Archibald Schnack was taken, and was purely in _ the nature of the identification of the articles produced in court and lost by him. He also stated that there- were four medals and some clothing missing, the missing articles being valued by him at £10. Ho ctsimated the total commercial value of tho articles stolen at about £40—Jane Williams gave evidence as to buying some of the clothing produced from accused for 7s.—Mark Jacobs stated that he advanced accused 6s on two medals, accused giving the name- of J. Martin.—George Latimer said he bought the bag produced from accused, who gave the name 'of J. Angus. The_ price paid was Bs—Walter Gabriel Bossitor also gave evidence to tho effect that the accused pledged a medal with him for 5s on November 28, and a second one on December 1. He gave tho name of A. Schnack, and 6a:d the pledged articles wore his own property.—Detective Connolly gavo evidence as to investigating the' case, aud tho arrest of the accused.—When asked if he had anything to say, tho accused pleaded guilty, and was committed for sentence at the next sitting of tho Supreme Court.