POLICE COURT.

Poverty Bay Herald, Volume XXVII, Issue 9037, 4 January 1901, Page 2

POLICE COURT.

Mr W. A. Barton, S.M. , presided at a short sitting of the Court this morning, and- dealt with remanded police cases. In the case of Robert Mawhinney (alleged indecency), Mr Barton, S.M., gave Mr. "Jones; solicitor for accused,- the op : portunity of calling evidence as to previous character of accused. This Mr Jones accepted, and said the witnesses were not at all m sympathy. with accused. James TWhinray said he had always, as the result of frequent meetings and some business dealings, considered accused Tto be a decent respectable and sober sort of man, of an exceptionally quiet and unobtrusive demeanour. George Watson Primrose, saddler, and Robert Talbot Seymour, watchmaker, from experience of five or six and nine years respectively, corroborated this testimony. All expressed the manner m which the present case had shocked them, and the Magistrate m delivering judgment said "You have pleaded guilty, and I have for my own information taken evidence disclosing a most serious and disgusting offence, for which I have. power to send you. to gaol for twelve months. Even supposing you to have been under the influence of liquor that is no excuse for such an offence, and if drink has brought .you to your present pass, I would strongly advise you not to take' another drop. Most certainly, if you ever come before me on another charge of this kind, I shall feel it my duty to inflict a very severe punishment. Taking into consideration your previous good character I intend to deal with you m such a manner as I hope .will have a better effect than a term of imprisonment. You are convicted and conditionally upon you giving security, yourself m £50; and one surety of a like amount, to appear before this Court for sentence when called upon to, do so. This means that if you behave yourself you will never be called on. If you misbehave yourself you will be sentenced both on the new charge and the present one. " . Albert Higgs (alleged attempted suicide), was given the option of trial by " jury or being dealt with summarily, and chose the latter, pleading guilty. Sergeant Siddells called Chas. .Cheyne, a cook at the. Argyll Hotel, who oh the 31st of last month had occasion to look after accused. About 7.50 p.m. he put him to bed, and shortly afterwards has attention was drawn to a noise m his room. On going to investigate he "turned m" with, accused, who requestea witness to put out the light, which Cheyne agreed to do after he finished his smoke. Accused remarked, "My light will soon be out," witness replying, "Yes, you will be asleep very shortly." Accused got up ostensibly for the purpose of getting a drink of water, and rushed over to a spare bed, from under the pillow of which he took a razor. This he opened, saying, 'Til settle things now." Witness j got out of bed and grappled with' him* [and took the razor from him. Accused jhad the razor taken from him before he I had time to do anything with it. Wit r ness held him down till assistance was forthcoming, when he was tied down, and eventually handed over to the police. The razor was also handed over. The accused appeared to have been drinking. Cheyne did not know accused intimately. Accused asked no questions. William Gault, licensee of the- Argyll Hotel, Gisborne, knew the accused, who on the date m question was Staying at his house. -So far as he knew accused was a bushman, and had been m town on the date named about two days. He had been drinking. When he came to the house on the Friday night he appeared to be the worse for drink. He was subject to fits, and he _had him put to bed. Later, his attention was called to the .'conduct of accused, and the police were sent for. jjefore going to bed accused said that he was tired of his life, to which witness attached little or no importance, and mentioned that he had a horse and saddle, and some money he owed his mates. He did not ask witness to look after his horse or anything else. In reply to questions by accused, witness said he had always found Higgs sober, and that he did not know till the evening m question, that accused was subject to fits... Sergeant Siddells said that since his arrest accused had taken a fit, and medical attendance had been necessitated. < He hod been drinking) and was undoubtedly suffering from the effects. TbJB accused substantiated m a short statemefit, adding that m conse-quence-he did not remember anything of the occurrence out of which the charge had arisen. Asked by the Magistrate, "Had you been drinking the whole time ?" he implied, "Yes, when I could get it, bar Sunday." His Worship intimated that he was prepared to discharge him providing he "entered into a bond of £50, ; and found a friend to become security to the extent of £25, for his good behavior, and on payment of costs amounting to 13s. A friend of accused offered to pay a fine if that would serve the purpose. Mr Gault expressed his willingness to become surety, but wished to know for what period that would extend. The S.M. said it would last for an indefinite period. At this stage the case was adjourned till 2 o'clock. Cecil William Rhodes (alleged obscene language), represented by Mr R. N. [ Jones, renewed the plea of guilty. Mr i Jones said that the case had been de- [ ferred to allow of evidence of provocation being brought,- but this course had been abandoned, as there was no excuse for the use of language of this nature. He further pointed out that it was the old story of accused having been under the influence of liquor, and asked the Bench to take into consideration the fact that the man had already been m prison for four days." The man intended leaving town as soon as possible, and his version pf the affair was to the effect that ; some of the men from Hawke's Bay had •! been getting on to him, and he used the words under the influence of extreme \. passion. -Sergeant Siddells said he i attracted by the altercation at the' Post' [ Office, and arrested accused on hearing . i the obscenity. ■ made use ; of. . There ap- ' peared to nave been a scuffltv A sentence of 48 hours' imprisomnent with hard < labor was imposed. i