CITY POLICE COURT

Otago Daily Times, Issue 16285, 19 January 1915, Page 3

CITY POLICE COURT

Monday, January 18 (Before Mr E. W. Burton, S.M.) Drunkenness. —A first offender, who did not appear, was fined 10s, with the alternative oi 48 hours' imprisonment, for drunkenness. For similar offences William Gaxilt was fined 5s or 24 hours' imprisonment, and Richard Cheyne, who did not appear, was fined 10s or 48 hours. Broken Prohibition Orders. —George Clark pleaded "Guilty" to % charge of drunkenness on January 16, and "Not guilty" to a charge of breaking his prohibition order on January 13. He was also charged with breaking the order on January 16. —Senior Sergeant Dart said accused had previously been three times convicted for breaking this order.—For drunkenness he was fined £1, with the alternative of ' seven days' imprisonment, and on each of the other charges he was fined £1, with the alternative of three days' imprisonment. He had also to pay costs. Time was not allowed to find the money. For procuring liquor during tho currency of a prohibition order against him from Hugh Hickey, William Aitken was fined £2 and costs (9s), with the alternative of seven days' imprisonment. Letitia Berkley, who was defended by Mr Scurr, was fined £1 and costs (7s), with the alternative of seven days' imprisonment, for a breach of tKe prohibition order against her. ——Cornelius Wilson pleaded "Guilty" to a similar charge, and was fined £1 and costs (7s). A Dangerous Driver.—Frank Martin Anderson was charged with being drunk while in charge of a horse and cart, and with failing to pass on the.right side of the road. — Mr Scurr, on his behalf, pleaded "Not guilty" to both charges.—Alice Sylvia Mew stated that at the time* stated she was cycling along the Main iSouth road towards town with a friend, Lily Hutchinson. 'Her friend was a little in front of her. She heard a cart and horse coming up behind her, fairly fast. She expected it to go' round, as there was plenty of ioom, but next thing she knew it was upon her. She was knocked over, and something went over her back. She was picked u,p and taken- to a chemist's, and had been laid up for a considerable time. Her face was badly scratched. There was no tram coming in the opposite direction. —Lily Hutchinson gave corroborative evidence, and stated that she heard a shout, and turned sharply into the kerb to avoid being run down. She, too, was hurt, and had to be taken to the chemist's. At the chemist's shop Mrs Mew told Anderson he was not sober, and witness considered that he was under the influence of liquor.—Mary Elizabeth Bates also corroborated the evidence as to the position of the girls, well on the left side of tho road. Anderson deliberately attempted to drive tjirough between them, she said, witTi tho result that he knocked Miss Mew over. There was no other traffic about.—Helen Paley Emlis, who was with the previous witness at the time of the accident, corroborated the evidence already given. She smelt drink on defendant, who seemed muddled.—Florence Mew, mother of the first witness, said defendant was drunk. He told her tho road was full of young people, and he knew he would have to kill one. —Mr Scarrr, for the defence, contended that tho evidence of drunkenness was absurd, and that there werediscrepencies in the other ovidence. He called Frank Martin Anderson, coal carter, who admitted that he had had three drinks during the afternoon. Ho had a young man named Gunn with him in tho cart on the way back from tho races. One of the ladies was riding almost on the tramline, and a tram was coming towards them, about 20 yards away. He called out to warn the ladies that ho was coming between them, but one of them seemed to lose her head, and swerved right in. His wheel struck the back wheel of the bicycle. He was not drunk.— In cross-examination Anderson admitted 33 previous convictions, mostly for drunkenness, ind four convictions for breach of prohibition orders.—William Anderson Gunn. son of the licenser of the Commercial Hotel at Green Island, said he had driven in with Anderson. Defendant was pulling up at the

time of the accident. If the girl near the middle of the road had not turned in Anderson could have driven between them. There was a tramcar coming, about 25 yards away. Anderson was quite sober.— Mr Burton said the evidence was very conflicting. He was convinced that none of the ladies had been sufferinjr from hysteria, and their evidence seemed perfectly consistent. Ho was quite convinced that there was no tramcar in sight, and he set it aside as purely mythical. He was asked to believe that this horse came Lack from the races at a walking pace. He had been to many race meetings, but he had never seen any horse walking back from them.—The suggestion was too funny for anything. He d.d not for one moment believe the evidence on behalf of the defence. Mr Scurr had stated that his client had undertaken to pay the chemist's bills. Anderson was fined £5 and costs for drunkenness, and 10s and costs (17s) for attempting to pass on his wrong side, and was ordered to pay 15s, witnesses* expenses. A fortnight was allowed in which to find the money. Breaches of the Peace. —Frederick Foster was charged with using threatening behaviour and causing a breach of the peace in Regent street. Mr W. C. Macgregor pleaded "Not guilty" on his behalf.—D'arcy Mills, aged 18, detailed a dispute between himself and defendant pver an account of 6s. Foster eventually said he would "put the receipt in his face," and struck him several times in the face. Witness did not retaliate at all. Ho could not use his right hand.—Crass-examined by Mr Macgregor, he said this was the first time Foster had asked him for the account, and denied responsibility for a number of other accounts detailed by Mr Macgregor. He was working as a canvasser for baking powder.— Laurenco Mills, aged nine, corroborated his brother's evidence.—Mr Macgregor said the case was pretty plain. This young fellow and his parents were running up accounts until it had got notorious, and something had to be done. His client admitted striking Mills three times. He thought Mills was going to fight, but he though better of it.—The Magistrate decided to amend the information to one of assault. Defendant, even if there was provocation, must not take the law into his own hands. He would bo fined £2. David Griffiths arid Michael Facoory were charged with conunitting a breach of the peace in Hope street early on tho morning of December 25.—Evidence was given by Constable Doak, who said 1 e saw the two fighting. There were about a dozen people watching, including a woman, who teemed to be urging tnem on.— Facoory, who admitted tnat ha had been drinking himself, said Griffiths was drunk, and wanted to fight him. Griffiths struck him, and then they had a. set-to.—The Magistrate said it was evidently just an ordinary street brawl. Each would be fined £2 and ordered to pay 4s 6d costs. Casting Offensive Matter.—For casting offensive matter in Bond street George Patterson was fined Es and coats (7s); and Robert Smith, who sent in a letter, for a similar offence was fined 10s and costs (7s) A Serious Charge.—Samuel Hill, en remand, was charged with indecently assaulting a girl 13 years and nine months of age, at Abbotsford on January 10.—Mr jun., for Mr Hanlon, asked for a further remand.—Senior Sergeant Dart opposed the application, as the case had already been adjourned for a week, and ho had brought six witnesses in from Green Island.—Mr Lemon said that tho accused would be pre* judiced by the absence of Mr Hanlon. It was eventually decided to adjourn the rise till Wednesday, on fcho understanding that the witnesses who ha 1 come m would receive their expenses. Broaches of By-laws.—Hugh William Fitzsimmons and Joseph Houston both pleaded Not guilty" to charges of riding motor cycles along Princes street, between Manse street and Dowling street, at a speed m-eater than six miles an hour.--Constable "Laing deposed that they were going about 10 miles an hour, and nearly knocked over a man going to board a car. Each defendant was fined 5s and costs (7s). Alfred Hall was fined 10s and costs for riding a bicycle on tho footpath .in Oxford street.—--George Divid Gibbs admitted having left a quantity of soil in Park street Without sufficient light upon it. He was out of town at tho time, and had left someone else in charge He was fined 5s and costs (7s).