POLICE COURT.

Auckland Star, Volume XXXVIII, Issue 260, 7 November 1906, Page 5

POLICE COURT.

THIS DAY. Before Mr. District-Judge Kettle. The Tipplers.—Two first offenders were fined 5/ and 2/6 cab fare each; James Corrigan, a second offender, was sent to prison for 22 hours; Walter Sarsficld, also a second offender, was fined 10/ and 2/G cab fare or 24 hours; fvlargafet W?illianis, a sixth offender within the last six months, and prohibited, was sent to prison for three months; James Ryan, a second offender, was fined 10/; William Hunt for being disorderly while drunk in Beach-road, was ordered to pay 5/ and 4/ cab fare.

A Chance.—John O'Connell, undergoing sentence, and on remand for further offences of obtaining money at Kakaramea and goods at Mangakaramea, by nieans of a valueless cheque, was brought up for sentence. His Worship passed sentence of five months' imprisonment, but made the term concurrent with his present sentence in order to give him encouragement to reform. His Worship, however, warned the prisones that if he came again, before the Com he would probably be given an indeterminate sentence.

Furious Riding. —Claude Marmont, for having furiously ridden a horse in Eaststreet, Newton, was ordered to pay 5/ and 7/ costs.

Stray Horses.^—John Sharpies, for having allowed a horse to "wander in Howe-street, was fined 5/; John Leith, charged with having allowed a horse to wander in Howe-street, denied the ownership. Evidence was given that the horse was impounded and released by the accused (who paid the poundage fees. Accused gave evidence that the horse belonged to another man named Turner. The case was dismissed.

Prohibited.—Prohibition orders were granted against Benjamin Beeby and Arthur Sloman.

Alleged Insulting Language.—Frank Ross (defended by Mr J. R. Reed) was charged . with having used insulting words to Dr. J. F. Carolan. at Avondale. Mr Heed entered a protest against the police taking up what he said was really a private prosecution. It placed the defendant in an unsatisfactory position, because if the defendant won his case he could not get costs from the prosecution. There was a danger that the public would be led to believe that preference was given by the police in the ease because the real complaint was a J.P. His friend, Mr J. C. Martin, had recently had occasion to make a similar complaint. Sergeant Hcndry said there were some special features in this case. The man the language was used was a medical man, and he was at the time attending to a patient who had met with a serious accident. His Worship said legally the police had every right to prosecute. Dr. Carolan gave evidence that the accused, who appeared to have been drinking, summoned him on horseback to attend to a man who had been thrown from his horse. Witness got a horse saddled and rode along the road with him to the scene of the accident, a .mile and a-half away. Accused complained that witness was too slow, and spoke most insolently to him. telling him finally to "go to ," and threatening to see that he never got another case iv the district. The insolence was continued while witness was attending to the* sufferer, and witness threatened to throw up the case at once. Accused approached him in a threatening manner and said he would make it hot for him if he did.

Mr Heed: "Apparently the wfrole trouble was that he was anxious to get you to the case as quickly as possible, and you were anxious not to break your neck getting there too fast."

Witness: "It would not be a very wise thing for a doctor to break his neck in going to attend a patient." Witness added that part of the journey was down a steep hill side, and it was dark and raining, so that he could not see ahead of him, and he refused to gallop his horse at this spot. Corroborative evidence was given. Finally the accused expressed regret at having annoyed the doctor, and gave an undertaking that it should not be repeated. The case was then withdrawn.

Indecency.—William Webster for having been drunk was lined 5/ and 2/6 cab hire. For an indecent act in Durhamstreet, in view of the lack of conveniences in the city, the merely nominal punishment of imprisonment for 2-\ hours was imposed.

Neighbours.—Joseph Henry Body, a settler, was charged with having used provoking and insulting language to a former neighbour named John Currie Gordon at Dairy Flat. Mr Gregory appeared for tne complainant. Evidence was given that the quarrel began when tlie defendant, V>y raising a difficulty about a boundary fence, imperilled the sale of a farm by the complainant. Tht complainant asked that defendant should be bound over to keep the peace. He had known the defendant to carry a revolver, and lie feared he might do him harm. (Proceeding.)