CITY POLICE COURT

Otago Daily Times, Issue 18760, 13 January 1923, Page 14

CITY POLICE COURT

Friday, January 12. (Before Mr H. \V. Bundle, S.M.) Drunkenness.—A first offender was fined 12s 6d, including 2s 6d for cab hire, on a charge of drunkenness, in default 48 hours’ imprisonment. Breach of a By-law.—Geo. David Gibbs was tined 10s, with costs (7s), on a charge of leaving a heap of sand and bags of rubbish in Castle street, between sunset and sunrise, without sufficient lighting. Alleged Breaking and Entering. —Andrew Johnston was charged on remand with breaking and entering the warehouse' of A. E. Ushorwood and Co. with intent to commit a crime.—Chief-detective Bishop stated that the other man concerned in the case was still unable to appear, and on his application the accused was further remanded for a week. Obscene Language.—Neil M’Kenzio was lined 40s, with costs (7s), on a charge of using obscene language at Port Chalmers. The language was used shortly before 7 p.m. one day while the Corinna was being berthed. The accused said he had no recollection of being on the wharf or of using the language complained of. Win. Philp, for whom Mr W. 1,. Moore appeared, was fined £3, with costs (19s), on a charge of using obscene language in Maclnggan street. '1 he offence was committed in consequence of the accused being ordered to leave the Gladstone Hotel. A Cowardly Assault. —James Baxter Kerr pleaded guilty to a charge of drunkenness, but not guilty to one of assaulting an elderly man named Marshall Law in Arthur street. —Senior-sergeant Mathieson said that a very cowardly assault had been committed. The accused and another man chased a man and woman along Dnncan street, and followed them into the shop occupied by the complainant. The accused, when he could not find them, assaulted Mr Law, him a severe blow in the face. After the complainant had given evidence the accused withdrew his plea of not guilty, stating that he wanted thq facts brought out. —The accused stated that the man and woman referred to had knocked him down in the street, and he followed them into the shop. The assault was due to the fact that ho thought the complainant was shielding the man and woman.—The Magistrate imposed a fine of £4, with witnesses’ expenses (£1), in default one m on lh’s prisonment, half of the fine to go to the complainant. A request for time_ to pay was refused. For drunkenness Kerr was convicted and discharged. Charge .of Robbery.—William John Quan was charged with having, on December 26, robbed John M’Kever Hartley Campbell of £l3 10s in moriov; The accused, who was represented by Mr Barrowclough, elected to .be tried by* jury.—The complainant gave evidence that he had had two drinks with the accused, who subsequently wont along the street with him. When they got to the back gate of witness’s premises the accused suddenly put his hand in witness’s pocket, stole the money, and ran away. Witness was unable to pursue hinn as ho wKs suffering from rheumatism.—Evidence “was also given by Walter Henry Herbert ■Baldock, who saw' the men at the time the robbery was committed, Claude William Porter, son of the- licensee of the St. Kilda Hotel, Arthur Alexander Moorehead. and Acting-detective Harris.—The accused, who reserved his defence, was committed for trial at the next, sittings of the Supremo Court. An application for bail was refused. A Neighbours’ Quarrel. —Elizabeth Payne, for whom Mr W. L. Moore appeared, pleaded not guilty to a charge of having assaulted Thelma. Nilson at Woodhaugh on December 11.—Sohior-’sergoant -Mathieson explained that Mrs Nilson and her sister were picking gooseberries on some land rented by the former from the husband of the defendant. Mrs Payne ordered them to leave the gooseberries alone, and when they refused to do so she returned lo her’ home and returned a few minutes later wan a sickle in 'her hand. She again ordered Mrs Nilson away, and threatened if she did not leave that her head would be cut off., In the struggle for the possession of the sickle Mrs Payne cut one of her hands badly.—The defence contended that Mrs Pnyne did not go out with the intention of doing any injury. A dispute had arisen concerning the land on which the gooseberries were growing, and when Mrs Nilson and her sister refused to go away the defendant determined that if she could not get the fruit no one else would. When she got the sickle she cut several of the trees down.—After hearing the evidence the Magistrate said the relations existing between the parties did not reflect credit on any of them. The defendant was very foolish to take the sickle at all, but taking everything into consideration be thought the position would be met by the information being dismissed, subject to the defendant paying witnesses’ expenses, amounting to £l.