DUNEDIN POLICE COURT.

Otago Witness, Issue 3019, 24 January 1912, Page 53

DUNEDIN POLICE COURT.

Saturday, January 20. (Before Mr H. Y. Widdowson, S.M.) A Youth’s Defalcations. —Andrew Hugh Qunningham, 18 years of age, was charged • with, between February and November, 1911, receiving various sums amounting in all to £5 15s 2d, on terms requiring him to ' account for the same to Thomas Smith, and that he did fraudulently omit to aci count for the same. Four different counts | were entered against the accused, and ne i pleaded “Guilty” to each. Mr C. E. ; Stathara appeared to defend, and elected to have the case summarily dealt with. Detective Ward, stated that Cunningham had been in the employ of Mr Thoa. Smith, butcher, for 2i years, and during the last 18 months had been on the cart delivering and taking orders, and receiving payment for the same.' In August of last year the manager found that accused was receiving money and not accounting to him for it. On being spoken to he admitted having failed to account for money which he had received. He was cautioned as to the seriousness of his' offence, and after 1 his father had been sent for it was agreed ■ to refund the money at the rate of 10s a I week. Accused was again placed in charge I of a cart. A month or two later he was found to be doing the same thing again, ! and. the customers being interviewed, it , was discovered that h:s defalcations ; amounted to seme £39. Of this sum ag had repaid £ll 12s, leaving a deficiency : of £27 18s 4d. Accused had admitted to him that he had manipulated the accounts, I and attributed. the cause of his trouble to the purchase of a. motor cycle and to tho fact that his companions had more money to spend than he-had. The hoy’s general character was good, and ho thought it fair to add that he handed all his wage* (now 22s 6cl a week) to his parents. —Mr Statham stated that the lad’s parents were highly respectable people, and that there was a family of 11. Cunningham had purchased the motor cycle without their being any reasonable pro.-pect of bis ever paying for it, and the running of it cost him several shillings a week. Mr Axelsen had said he would take charge of tho boy and see that he made restitution. He submitted that as there was no evidence of any criminal tendency in the youth the magistrate should treat the case with leniency.—-Mr Axelsen stated that the lad had a good horn© and that ho bore a good character. He was perfectly satisfied that ho had no criminal tendencies, but was only somewhat irresponsible where money matters were concerned. If given a chance in the country he felt certain a reformation would bo effected The Magistrate stated in answer to the plea for leniency that there were the interests of the public to be considered as well as those of the vouth. Whatever he did he should want the boy’s father to enter into a bond of some kind, and in order that the latter might be in attendance he remanded tho case till Tuesday. (Before Mr W. R. Haselden, S.M.) Alleged Stabbing Case.—William Gittens who appeared on remand, was charged with on December 16, wounding one Edward James Skinner, with intent to do him grievous bodily harm. Mr A. 0. Hanlon appeared for tho accused, and Chief Detective Herbert conducted the prosecution.—l he complainant, Skinner, said he was a butcher on board the Moana, which arrived from Lyttelton abou*; noon on December 16. About 4.15 on the- same afternoon he saw the accused on board, and heard him sav. whilst passing the door of his own shop, “ There’s that dirty butcher again. Without saying anything in reply he went out of tho shop and struck accused on the head. The latter then remarked, “ I’ll fix you ” and walked off, returning four or five minutes later. They both started fighting simultaneously and kept it up for two or three minutes. Witness was most emphatic in his assertion that he got the better of it, repeating tho fact several times with an increasing degree of satisfaction. Continuing. he said that accused then went away, and Mr Paul, the second officer, oarne along, and witness found that ho had been cut in tho shoulder and was bleeding freely from several places. The police and Dr Evans were sent for, and the latter ordered witness’s removal to the Hospital, where his wounds were dressed. During the encounter ho did not notice anything in accused hand. Owing to his injuries ho was I incapacitated for work for a fortnight. He had known acci sed for about 12 months, as he was in the habit of coming on board when tho ship was in port. About two months ago they had a difference over some matter.—Cross-examined by Mr Hanlon, witness stated that on a previous occasion ho accused Ditto ns of buying ship’s stores and report'd the matter to the chief officer. 1 Ho might have applied certain offensive I remarks to accused when he threatened to get him put ashore for buying ship s I stores. Ho admitted having sold an article 1 to a white man for ss. having previously refused to sell it to accused for a like 1 amount, and welcomed Mr Hanlon s sugi gestion that, so far from being annoyed, i lie was pleased when he discovered that the former was acting on behalf Gittens. At this point, however, witness’s voice rather lacked a genuine ring. In answer ro a further question, he stated that, on inquiry, the chief officer was satisfied that the accused had not bought ship’s stores. Ever sine© fbe Johnson-Jeffries fight witness had disliked the block, and accused’s black face annoyed him. It was the real Jack Johnson business, and though accused nearly cause out. on top, he was determined not to let black conquer in that fight.— Mr Hanlon: “You felt you wore upholding the honour of the white race?”—Witness (unhesitatingly): “ Yes,” and the court was plainly amused. In conclusion, witness stated that during the progress of the I fight he was not aware that he was being wounded with a knife. All the same, be would be sorry to see the accused sent to gaol over the matter. —Dr Evans, who attended to Skinner's injuries, gave evidence as to the number, nature, position, and depth of the various wounds on bin head and shoulders, and stated that an ordinary pocket-knife such as tho one produced, could have inflicted them.—William Paul, second officer on tho Moana, stated that otn the date in question he had been attracted by loud voices, and on going in the direction from which they proceeded bo met tho accused. \N bon asked what was tho matter ho began to cry loudly, whereupon witness ordered him ashore. He then went on to see Skinner, whom he found bleeding profusely. He saw nothing of tho actual assault.—Alexander Campbell, chief officer on the vessel, eaid that on December 16 accused made some complaint to him about tlic butcher, but he refused to listen to hi:u, and hjrn to transact

any business he had peacefully or get ashore. As accused began to get exerted he ordered him to leave the ship. If he had gone in the way directed there would have been no need for him to pass the butcher’s shop, and the subsequent trouble would have been avoided. —Constable M'Millan said that on the evening of December 15 ho went to accused’s house in Woodhaugh. H© said to him: “It is alleged you sbabod a man on board the Moana.” Accused replied: “ Well, we had a row. He hit me first several times on the bead, and I don’t know what I did. This man Skinner has called me all sorts of names at different times, but 1 am sorry for what has happened.” On being searched at the Police Station in tho presence of Detective Connolly, accused said that he had a knife in his hand at the time of the row, and on returning together to his house they found tho i>ocKet-knife produced in court in his overcoat. —This evidence was corroborated by Detective Connolly, who. added that ho saw fresh bloodstains on the knife. Accused told him that when assaulted by Skinner he had been using the knife, and in an endeavour to close it he had shut it on his hand, cutting his right thumb. This out had been noticed by witness.—Mr Hanlon said he had no hesitation in asking for the dismissal of tdie case, as no jury would convict accused on tho evidence offered, no malicious intent having boon proved, and the man having acted only in self-defence.—The Magistrate said that when a knife was used in a quarrel the person using it should only escape, if at all, with difficulty. The present ease was a very peculiar one. The complainant had brought tho trouble on himself, and he had got no more than he deserved. He was quite certain that no jury would convict- accused, as there was only Skinner’s evidence as to. what occurred in regard to the actual light. The wounds wore all of a trivial and superficial nature, with one exception, and (hat was not dangerous. That accused had not attempted to us© the knife with malicious intent was proved oy the evidence showing that he endeavoured to close it- during the initial stages of the fight. Under the circumstances, therefore, ho felt it his duty to dismiss tho case, which he accordingly did. —Tlie Chief Detective said that if tho witness Skinner had been in his normal condition he would have given his evidence in a much more intelligible manner, and perhaps have put a different complexion on tho case. He. therefore, asked that his ■expenses be disallowed, a request to w r hich tho magistrate acceded.