POLICE COURT CASES.

Otago Witness, Issue 2104, 21 June 1894, Page 23

POLICE COURT CASES.

Stealing. — Henry Bayliss, 13 years of age, was charged with stealing, on tho 15th inst., at Civersham, six brushes of the value of 4s Bd, belonging to Mrs Logan ; and on tbe same date with the larceny of a fish, valued at 3d, belonging to William Smith, Caversham. — Accuted pleaded guilty in both instances, and Sergeant O'Neill then said the brushes were missed from Mrs Logan's shop, and when informed of the affair the police suspected the accused. The boy became frightened after the larceny, and gave another boy 2vl to return the brusbes to the shop. In the second case a piecu of liog and a fi6h were miss-ed by Mr Smith, and the fish WBB afterwards found in the boy's po^sesbiou, but he denied having a:iy knowledge ot the liDg. The boy was before the court in 1890 on a charge of larceny, and his father, the sergeant mentioned, was a very decent man. — The Bench decided to commit the boy to the Industrial School, the form of religion iv which he was to be instructed to be left over till the father could be communicated with.

Industrial Schools Act. — Norman William Johnston, five mouths old, was brought before the court as being a destitute child within the meaning of the Industrial Schools Act.— Sergeant O'Neill said that the child was illegitimate, and that the mother was an inmate of the Dunedin Refuge, while the whereabouts of the father was not known. — Committed to the Industrial School, to be brought up ia the Presbj - terian form of religion.

Twice Charged. — Louis Speddiug was charged with having on the 19 th of last month, at Dunedin, stolen from the person of Kate Solomon the sum of £1, the moneys of Sarah Solomon.— Mr Hanlon appeared for accused, and Chiefdetective Henderson to profieoute.-— The latter said the same case had come before the court on the 21st of last month, when the accused was discharged. — Mr Hanlon said that that fact he put in as a. plea. — Jontiuuing, the Detective said that since the other hearing fresh evidence had been obtained which, if brought before, would have been the means of convicting accused. — His Worship said that once there was an acquittal it was an acquittal for all time. — Mr Hanlon mentioned that what the justices did when the case was first brought was to hear and determine it ; not to inquire whether there was a case for a higher court. The accused then elected to be dealt with summarily. — Detective Henderson admitted that what counsel had said was quite correct. — Counsel,

continuing, submitted that accused having once before in jeopardy for the charge was a good plea to put forward. — His Worship considered the matter clear, and quoted authorities which stated that a maxim of the law was that "no one ought to be twice in jeopardy for one and the same cause" ; consequently at common law a former conviction or acquittal, whether on a criminal summary proceeding or indictment, would be an answer to an information of a criminal nature before justices, founded on the same facts. The case was clearly within the law as he read it, and he discharged accused. Breach of the Peace. — William Kennedy was charged with having, en the Bch inst., in the Arcade, used behaviour with intent to provoke a breach of 6he peace. — Mr Hanlon appeared for him, and pleaded guilty. — Sergeant O'Neill stated that aocused had been acquitted in the Supreme Court the previous week on a charge of housebreaking. On the Bth, when he was in the Arcade, ho saw a man who had given evidence against him in the case, and he rushed at him and attacked him, but finding the man ••too much" for him he ran away. He returned shortly after with a tomahawk, which he flourished about hi a head, and caused a terrible scene. Had it not bten for the arrival of the police it was hard to say what the consequences might have been. One man who was with Kennedy was arrested, and the constable's hands being full Kennedy got away. Toere were 12 previous convictions against accused for various offences. — Thomas" M'Gregor deposed that he was in the Arcade on the Bth inst , when accused rushed at him. He (witness) pushed him away, and did not see the tomahawk, as he had left before the return of accused — A fine of 20s, and costs 4s, in default three days' imprisonment was imposed ; a week being allowed to pay the fine.