Police Court.

Southland Times, Issue 11655, 9 February 1891, Page 2

Police Court.

♦ Friday, 6th Feb. (Before C. E. Rawson, Esq., R.M.) THE RAILWAY BYLAWS. Samuel Thomson, printer, was charged with having on the 26th December travelled in a firstclass railway carriage with a secondclass ticket. — Inspector Hickson prosecuted and Mr Macalister appeared for the defendant. — John Shepherd, guard, gave evidence as to the offence, st.iting that during the dispute the defendant bad threatened to " take it out of his hide." There was plenty of second-class accommodation. — Mr Macalister, after stating that the defendant had availed himself of the accommodation of a first-class carriage because, it being holiday time, the other carriages were crowded, proceeded to submit that the information must be dismissed on points of law. He argued (1) that the offence was one provided for by section 158 of the Public Works Act, 1882, and should have been laid thereunder instead of under any bylaw as the Minister had no power to make such a bylaw ; (2) that even if the Minister had such power the by-law was bad because it provided in addition to the penalty of LlO inflicted by section 145 of the Act that costs should also be paid ; (3) that the Minister had no power to incorporate that costs should be paid on a conviction as the section of the Act simply provided for the payment of a penalty not exceeding LlO ; and (4) that the information was bad as it did not aver that the offence had been "wilfully and knowingly" committed, which, counsel contended, would be the esseuce of the offence. — His Worship said the point about the difference between the Act and the bylaw was a nice one, but the last one raised by Mr Macalister was fatal. There was no doubt but the information should have set forth that the defendant) "wilfully and knowingly," &c. The information would be dismissed without costs. Samuel Thomson was also charged with using threatening language towards John Shepherd on the same day. The evidence for the prosecution was similar to that given in the previous case, the words complained of being that defendant had threatened " to take it out of his hide" if the guard did not return his tioket. Defendant stated that the guard snatched the ticket for him, and on his refusing to return it defendant said " he would take it out of him." He asked for a second-class carriage at Makarewa, and the guard refused to show him one. — His Worship said that the officials needed to be protected. He had never found Mr Shepherd officious, and he believed his statement that defendant used the language complained of. Defendant would be fined LI, with costs 7s. HARBOTJRINf; AN ESCAPED PRISONER. Benjarcin Boivin was charged with having harboured John Henry Lewis, a prisoner who had escaped from the Milford Sound prison. — Inspector Hickson prosecuted and Mr Henderson appeared for the defendant. — Evidence having been taken Mr Henderson submitted that there was nothing to support the charge laid w the information, although there might be evidence of the defendant having qeen '* accessory after the faefc." — His Worship held that the defendant had been proved guilty of " harbouring " the prisoner. The cjefendaqt, h,qweyer hftd been put to great inconvenience and loss, and the Inspector of Police did not wish that a severe penalty should be inflicted. He (his Worship) would only impose a nominal penalty, knowing from the evidence that the defendant had lost his employment through the present case, that he had a large family to support, and that he waa now leading aq honest life He woulo be fined in the absurdly small sum of la, and costs 7s.