POLICE COURT ITEMS.

Otago Witness, Issue 1950, 4 April 1889, Page 11

POLICE COURT ITEMS.

At the OityPolice Court on 28th ult. David Donnelly (12 years), Matilda Donnelly (10), Elizabeth Donnelly (8), Mary Jane Donnelly (6;, and James Donnelly (six months) were charged with being neglected children within the meaning of the Industrial' Schools Aofc, their mother being In indigent circum- . stances and unable to support them, and their father out of the colony.— Sergeant-major Bevia stated that the father of the children, whose name ■was David Donnelly, was at present, in Queensland, and their mother was in receipt of charity from the Benevolent Trustees. The children were very much neglected, and, the mother being of extremely intemperate habits was quite incapable of looking after them.— Mr Oarew asked Mr Solomon, chairman of the Benevolent Trustees, who was in court, if he thought it would be better to send the children to the Benevolent Institution than to the Industrial School. — Mr Solomon; What Sergeant-major Bevin has stated is perfectly correct. I • brought tbe matter before the trustees , yes- . terday, and they were unanimously of opinion that the children should 'be sent to the Industrial School.— Mr Carew Baid in that case he would commit them ;to the Industrial School, but would not make an order for their maintenance at present. It would, however, be the duty of their mother whenever she could give anything for their . maintenance to give it to Mr Titchener, manager of the BOhool.— Sergeant-major Bevin Baid the police would try and find out If the father of the children could contribute anything towards their support. At the R.M. Court, Dunedin, on Friday last the case Peter Maogregor v. Emily Edwards (Hamilton) was dealt with. It was a claim of £75, for board, residence, and education of defendant's daughter.— Mr Sim appeared for plaintiff, and Mr J. A. Cook for defendant.— Mr Sim said that in 1877 an arrangement was made between plaintiff and defendant, that the former should educate and maintain the child of the latter. The girl lived in his house and attended the school till December 1883. Defendant paid regularly up to June 1881, and then failed to send any more money. She wrote regretting inability to pay, owing to a claim in which her husband was interested proving very expensive to work, and promised to pay when the claim was sold. Defendant was relying on the Statute of Limitations ; but in respect of part of the claim at any rate this could have no effect, seeing that the latter part of the debt was contracted in 1883, and he (Mr Sim) relied on the promise to pay when the claim was sold as an answer to the setting up of the statute.— From the evidence given it appeared that plaintiff made an arraugeraent with defendant to lodge and educate her daughter at the rate of £30 per year. The child came to.plaintiff in the beginning of 1877. Defendant paid regularly until June 1881, but did not pay from that to December 1883, and plaintiff put in a claim for the money in August 1886. Plaintiff had offered to adopt the child, but the offer was not accepted.— Mr Cook said that in 1881 defendant found herself unable to pay the money, and wrote to that effect to Mr Macgregor, telling him to send the child back. He replied saying he would like to keep the child. The fact was the plaintiff and his wife got fond of the child, and having no children of their own' wished to keep her. He (Mr Cook) proposed to relieve his Worship of the responsibility of deciding as to the facts, and would rely on the legal questions. The first of these was that Mrs ltdwards was under coverture at the time the alleged contract was made, and could not be Hable as she had no separate ' estate, and therefore could not contract. — Mr Sim. replied that all that- was necessary to bind Mrs Edwards was to show that she had separate .estateafc' thetimethe contract was made. It had been held that presents made by the husband or a third party at the time of the marriage must be treated as separate estate, and it bad been shown* ln evidence that Mrs Edwards had' received a ring, which was her property, and had been bo ever since. There was a croBS-action for £80 brought by defendant's daughter for acting as domestic servant during her residence with plaintiff from January 1, 1884, to December 31, 1888.— His Worship said he would defer ' giving his decision on the case, as some arrangement might be come to between the parties.— Mr Cook said 'the- Macgregora had been very kind to the child, and he would suggest that an adjournment for lunch be made, to give them an opportunity of settling the matter among themselves^— This was done, and on resuming Mr Sim stated that they had arranged to settle the case, and that the oross-action would be withdrawn. At the City Police Court on Monday morning last Florence ' Mabel Lucas, aged 17 years, was charged with having insufficient lawful means of support.— Sergeant Geerin said that the facts of the case were, shortly, that accused was a young woman who led an immoral life. She was in the habic of frequenting Chinese houses and going down on the wharf with bands of larrikins during the evening. Her father had spoken to the police aboufc her, and stated that she was past his control and he could do nothing with her. — Constable Crawford said he had known accused *or the last three years. He had seen her come out of the Chinese houses in company with her Bister, who was only 14 years of age. He had seen her in company with very bad characters, and she was in the habit of going from one hotel to another. She had no means of living but by prostitution. A similar charge had been brought against her some time ago, and she had been convicted and ordered to come up for sentence when called. She had not taken advantage of the chance thus given her, but had gone on as badly as ever.— Constable Mathieson said accused had been living off Hanover street, and he had seen her soliciting. Witness had had to speak to accused on several occasions regarding her conduct. — Constable Hastie gave corroborative evidence. — The Bench said the case was clearly proved. They had considerable reluctanca in sending so young a girl to gaol,' but under the circumstances it waa evidently the best course to pursue* Accused would be imprisoned for a term of two months. Beatrice Bertha Lucas, aged 14 years, and sister to former accused, was similarly charged.— Sergeant Geerin asked for an adjournment in this case, as accused was barely 14 years old, and he wished to bring her before the Besident Magistrate, with a view to getting her sent to the Industrial School If possible.— The Bench, granted the adjournment, at the same time giving accused some good advice.

" BtroHU-PAiBA." — Quick, complete cure}, all annoying Kidney, Bladder, . and Urinary Diseases. At chemists and druggists. Kemp* thorne, Prosaer, & Co., Agts., Dunedin. The flags at the various consulates and municipal buildings in Auckland and on business houses and shipping were flown half-mast on Saturday in respect to the memory of those drowned in the Samoan hurricane. The flags at Wellington and other cities were also hoisted , half-mast high.