CITY POLICE COURT.

Otago Daily Times, Issue 19009, 3 November 1923, Page 17

CITY POLICE COURT.

Fhidat, Novembkk 2. (Before Mr J. R. Bartholomew, S.M.) Chimney on Fire.—John Campbell was fined 10s, with costs (7s), on a charge of allowing a chimney in his residence to catch fire.—. Senior-sergeant MaUucson stated that the chimney had not been cleaned for about two years. An IJnlighlod Vehicle. —Stephen John Stephens was fined Ss, with costs (7s), on a charge of driving an express waggon at North-East Valley between sunset and sunrise without a proper light.—The defendant explained that the light had gone out just before ho met the constable, and that it was relighted when his attention was drawn to the matter. Alleged Theft.—Richard George. Ryan appeared on remand on a charge of having, at Otakou, stolen a gelding, saddle, and bridle, valued at £26, the property of Edward Harwood.--Chief-detective Lewis stated that inquiries were necessary concerning' other matters in the locality in which the horse was stolen, and ho asked for a further remand. —The accused was remanded for a week. Maintenance.—An application was made for an order against Henry Albert Davidson. John Michael Davidson, and Charles Edward Davidson for the payment of 7s 6d per week each for the maintenance of their father. —Mr Irwin appeared for complainant. and Mr Barrowclough for Henry and .loh'n Davidson.—'The complainant gave evidence to the effect that he was 77 years of age, and had been in hospital for some time. —Mr Irwin asked that the plaint against the first two defendants be withdrawn as they had agreed to pay the amount asked for. —The case against Chas. Davidson was adjourned for a week. Assault.—Andrew Young appeared on remand on- a- charge of having, on September 25, assaulted Henry Tasman Mahs so as to cause him actual bodily harm.— Senior-sergeant Mathicson prosecuted, and Mr Barrowclough appeared for the accused. —Dr Kingston, who made an examination of Mahs at iiie Hospital, said the latter was suffering from a combination of tho effects of concussion of the brain, alcoholic poisoning, and shock. There were numerous bruises all over his body and a big one on the back of tho scalp. On September £9 Mahs’s eondition showed that there was some trouble inside the skull— a. swelling of the brain itself or bleeding within the skull cap, compressing the brain. There was some doubt then whether Mahs would have th undergo a very serious cneration.—William James Dow. clerk, employed bv the Dunedin City Corporation, said that he was standing in company with Stewart M‘Kay opposite Thomas’s boot shop hi George street on September 25. About 5.15 p.m. ho hard loud voices on the opposilo side of tho street, fliul that a man had been knocked down by the accused, whom he identified. The man who foil was picked up bv the accused and another man who was with him. witness saw that the man was very badly hurt, and rang up the police station from a leleohone box. Tim accused, whom witness had called “a dirtv mongrel.” ran away in the meantime. The iniurod man had not attempted to defend himself. . V itnoss ran after the accused, and eventually caught him in Filleul street. Stating that ho was a policeman, witness asked the accused to accompany him. After going a few yards the accused attempted to make away. Witness grasped him. and tho accused seized witness by the throat. Witness struck tho accused, who lot go and got away. Witness looked to ,-ee if there was a policeman about. —To Mr Barrowclough : He saw the injured man struck about the mouth. He had no idea of what was said before tho blow was struck. The accused had been drinking, but ho had had no opportunity of judging whether or not tho ’injured ' man ' had been drinking. Alexrtncler Stewart M‘Kay, tanner, residing at 681 Cumberland street, said that, in company with the previous witness, he had been waiting at the Octagon on September 25. Their attention was drawn to throe men near the telephone-box opposite, and almost immediately after looking over ho saw one man struck heavily near the mouth by another man. Witness and Low rushed across, and when they arrived the two other men were doing their best for the injured man, who was lying unconscious on tho asphalt. Tho injured man was bleeding at the mouth and at the back of the head. Witness had been watching the injured man, and after a few minutes he heard someone call out that the accused had got away. Ho saw Low running, apparently chasing the accused.—To Mr Barrowclough : He was unable to say what words were used by the parties prior to the blow being struck. The injured man, judging by tho way he fell, might have been under the influence of liquor. —Henry Tasman Mahs, waterside worker, said that he did not remember bfeing in. the vicinity of iiie Octagon on September 25. Ho thr f it was a week after he had been admit!ted before he regained consciousness in tho Hospital. Ho did hot remember wbat had happened That afternoon, but was told that he had been struck by a motor-car.—To Mr Barrowclough : He thought that he left work early in the afternoon. . He look a glass of beer how and then. The accused was a total stranger to him, and he did not remember any coversation before being struck. Alexander 'Stewart M’Kay, recalled, stated that the last witness was the man whom the accused knocked down.— Constable Parkhill said that on October 50 ho executed a warrant for the arrest of ihe accused, who said that he had been worried concerning tho matter, and felt that h sooner it ‘was over the better. Tho accused had made a statement, (produced! that he had had a number of drinks on the day on which the assault look place. He had been drinking in company with a man whom he

did not know, and afterwards was standing talking at the Octagon when ho was accosted by another man who called linn abusive names. Young struck the man, but lie had only ,a dim recollection of what else had happened that day.—Mr Barrawclangh suggested that the charge might bo reduced so that his Worship could deal who tho case. The evidence showed that Mahs s body was covered with bruises, hut counsel did not think the assault committed by the accused could have caused them all. —His Worship said ho could not see his way to reduce tho charge in view of the injuries sustained by Mahs. —The accused gave evidence to the effect that he wont to tho war in 1914. He did not think ho struck Mahs more than once or twice. Ho had been drinking a good deal about town. —Tho accused, who pleaded guilty, %v J as committed to the .Supremo Court for sentence. An application for hail was refused. Theft of Plants. —•Elizabeth Campbell and Annie Wilson, for whom Mr Irwin appeared, , pleaded not guilty to charges of having, on or about October 8. at lloslyn, stolon one plant valued at 7s 6d, the property of Hugh Alexander Salmon, and one plant, valued at Is, the property of Rcwa Throp. Elizabeth Campbell also pleaded not guilty to a charge of having, on or about October 4, stolen, one plant, valued at £T, the property of Charles I’ercy Martin Buttorworth.—All the charges were heard together.—John William Victor Hamel, gardener, employed by Charles Perciva! Marlin Buttorworth, said that between 5 p.m. on October 3 and 8 a.m. on October 4 a polyanthus plant had been taken from the garden. On October 8 witness look Constable Wootton round to Mrs Campbell’s garden, and pointed out a special polyanthus (produced). Witness would have known the plant among thousands of others. About 5 o'clock he and another man kept watch in Mr Butterworth’s residence for some time, but nothing happened. They walked away, and later two ladies (those before the Court) came round the corner. Witness and his mate returned to the garden, and witness himself wont clown to a -short-cut and cams across tho two women putting paper round something in a basket. The short-cut was 100 yards in front of Mr Butterworth’s property. Witness followed the women, and, when they got on to the road, ho called on his mate to come down. Witness told his mate to “have a good look at them, as ho might bo called upon to recognise them again.” Witness and his mate followed the women, and saw them hide a parcel behind a clump of broom near the High School. Witness picked up the parcel, and found it to contain tho rock plants produced. Tho two women entered the Zoalandia Chambers in Dowling street, and, satisfied with that, witness went back to Mr Throp’s plao© in Linwood avenue, from where he thought the plants had been‘Stolen. He placed tho plants in a rockery from where some had been stolen that morning, 'i hey proceeded to the garden of Mr Salmon, from where some plant* had been stolon that morning. On the morning of October 4 there 'were women’s footprints over the polyanthus bed, and he had seen similar footprints there before.—To Mr Irwin; He had never before seen the women near Air Butterworth’s. Witness had grown the plant from seed, and recognised it by the texture of the bine in'the flower. It. was Mrs Wilson who took something out, of the basket and hid it in the bush.- —William Whatmough, who was with the previous witness after 4.45 a.m. on October 8. corroborated tho evidence given. He could not identify tho plants produced as he was not an export in regard to them. —Hugh Alexander Salmon and Rewn, Throp gave evidence regarding tho plants taken from their gardens. Constable Wootton stated that when ho first visited Mrs Campbell’s place there, was a beautiful bloom on a polyanthus' plant in the garden, but when he returned two hours later the flower was not there. — Air Irwin said ho would suggest that there was no evidence that the polyanthus concerned in the case was the property of Air Bntterworth. Airs Campbell had shifted from one house to another a few days previously, and had taken the flowers in her garden with her. —The accused gave evidence, in the course of which thfey denied the allegations made against them. Both stated that Airs Campbell was the only one who was carrying a basket, — Marv Ja.rrott gave evidence that on two occasions she had given polyanthus plants to Mrs Campbell. The plant produced in court was similar to one she had given to Airs Campbell.—Alay O’Connor stated that about a month ago she took some flowers from Airs Campbell's garden during Airs Campbell’s absence. The flowers wore taken about 9 o’clock or 9.15 in the, morning.— Uis Worship said that so far ns the polyanthus was concerned there was some doubt cs to who was responsible for the theft, and the accused Campbell was entitled to tho benefit of that doubt. In regard to tlio other charges, the witnesses for the prosecution had given their evidence in a straightforward wav, and ho saw 'no reason to doubt it. The accused had evidently been acting in concert, and they would ho convicted. If; was regrettable (hut these women should go round stealing plants which were of no uso to them. It was unfortunate that hard-working women should find themselves in such a position. The offence with which thev 'were charged was one that was very difficult to detect, and unfortunately it was fairly prevalent. The court would have to take steps to wipe out tho practice us far a-s possible, and that could" only he done hv imposing a proper penalty. As the publication of tho names would bo a severe punishment he would not inflict any penalty. •The accused would be ordered to come up for sentence when called on at any time within 12 months.