CITY POLICE COURT

Otago Daily Times, Issue 17504, 21 December 1918, Page 5

CITY POLICE COURT

Friday, December 20.

(Before Mr J. R. Bartholomew, S.M.) _ Drunkenness.—John Clarke was fined 10s, in default 24 hours' imprisonment, and John Scott 20s, in default 48 hours' imprisonment.

Chimney Fire. —For allowing a chimney to catch fire, Cecil William Small was fined ss, with costs (7s). Misleading Fire Alarms.—A boy of 14 years was chaiged with wilfully giving the Central Fire Brigade a false alarm on December IS from the alarm box at the corner of Young street and York place. Two younger lads were also charged with interfering with the same box.—After the evidence of the boys had been taken the magistrate said it was a very serious offence with which they were accused, and if they had been older he would have had to inflict a severe penalty. They would be convicted and ordered to come up for sentence when called upon, and •would have to be placed under the supervision of Mr AxelBen. Their parents would! have to see thai they were given a good thrashing. Alleged Breach of Proclamation.—Richard Sainsbury was charged with unlawfully neglecting, on November 23, to comply with the direction given by the district health officer to close his premises—a hairdresser's saloon in George street.—until farther order, the direction being given under section 18 of the Public Health Act —Mr Hay appeared for the dtefendant, who pleaded not guilty.—Sergeant Boulton said that on November 23 they visited the defendant's premises. There was no one in the shop, and the defendant came through a curtain way from the saloon. Witness asked if he could see the saloon, so defendant unlocked the door. Witness found two men seated, and_ one, who was reading a newspaper, said it was his custom to do so there every morning. Defendant admitted that ho had been warned by a constable m plain clothes to close his shop.—To Mr Hay: He understood that the men were fnends of the accused The business door of the establishment was locked.—Mr Hay contended that the case had! not been proved, as the saloon door had been shut as required The health officer had power to isolate, but. not to close, under the pro-" visions of section 18 of the Act. Neither did the rcquisitwn specify exactly what it was ■ that had to be closed. Personal requisition also had to be made by the health officer, Jwid this had not been done. The requisifoon provided that the premises had to be absolutely- closed," which would apparently mean that they were never to foe opened agam There was no evidence to prove that he was the district health officer.— lhe magistrate reserved his decision Alleged Indecent Assault.-John Clarke (Ureen was charged with indecent assault on a girl, under 16 years of age, at Groen Island on October 27.-Chief Detective Bishop prosecuted, and Mr Hanlon defended;—' The evidence of the girl, her mother, David Andrew Mitchell, his brother and a youth, A. J. Miller, wa.s taken.-Mr Hanlon submitted that the evidence was unsatisfactory, and, in the case of Mitchell untrue. The witnesses all had different versions of what occurred.—The Magistrate said that, apart from the evidence given bv the others, the girl's story was not satisfactory. It was important, to noto that she had made no complaint, and it was only when approached by Constable Wootton that, she made a statement which was different from what she later told Detective Sergeant K>mp. Her evidence showed that she looked on the whole thine (LT™;i/k W ' X V b u ,rd to the vouth thought she was itvdlv beintr assaulted, and then acted in a foolish way as they had stated. The evidence of the first witness was especially unsatisfactory Accused would he discharged. His conduct !'ad been far from commendable, bnt was j. rt of being criminal.—The Chief Detective said he did not propose going on with a similar charge against, Arthur PTarrv Gunn. who was accordingly discharged Allege Assault Clarke was witli assaulting David Andrew Mit£,oll.— Ho nlead-d nrnilty.—■Chief Detective J Tp „ Cxpl;l ', nwi <hnt accused sought out on the samp mVht. and assaulted mm. sfcn icing him in the face.—His Worship *aid that men could not bo allowed to take the law into their own hands ?n th->t. manner. It would have to he firm>v denlj "•;th. Accused wou'rl he fined £.5 yjth Witney exnenseo fe). ; n one ;non+h = imprisonment,, A weefe was allowed in which to pay the .fine.