POLICE COURT.

Auckland Star, Volume XXXVIII, Issue 155, 1 July 1907, Page 5

POLICE COURT.

THIS DAY.

(Before Mr. G. C. Kettle, S.M.).

The Drunkards.—John B. Dunn was charged with his third offence of drunkenness during the last six months, and with two breaches of the terms of his prohibition order. He was sentenced to 14 days in gaol for insobriety, and" was fined £ 1 or 7 days on each of the other two charges, the sentences to run concurrently, or his third offence aunng the last six months, William Betts was fined 10/ and costs, and prohibited tor twelve months. Charles Carmichael was fined 10/ and costs for drunkenness, and sentenced to seven days in gaol for indecency in Durham-street. Five first offenders were each fined 5/ and costs, in default 24 hours, and another, who did not appear, forfeited his bail.

Another Chance.—Ethel McGilligan, who had pleaded guilty to a charge of having insufficient lawful means of support, was brought before the Court for sentence. Mr. Hackett appeared tor the accused, who was convicted and ordered to come up when called upon, on condition that she remained in the Salvation Army Home for si months. Fourteen Days.—A young man named Henry Crofton pleaded guilty to a charge of stealing an overcoat and two caps, worth 45/, belonging to Michael Meaney. Chief Detective Marsack said the complainant was cook at the Thames Hotel, and missed the clothes from his room. The coat was recovered from a secondhand shop, where it had been sold by the accused. Crofton said he had come to Auckland from the country, and had been in a state of drunkenness all the time. He was in a mudled state when he took the coat. His Worship inflicted a light sentence of fourteen days' imprisonment. Special Circumstances.—A charge of unlawfully abandoning her child on June S, which had been preferred against Annie Amelia Sims, was mentioned this morning. Sub-Inspector Gordon said that when the case had been heard, the defendant had been told that she E*ed not appear if she secured a situation in the meantime. She had obtained work since the case was last before the Court. His Worship said the circumstances m the case were exceptional, and he would grant the Sub-Inspector's application to withdraw the charge. Remanded. — On the application of Chief-Detective Marsack, a remand was granted until Friday in the case in which Charles Smith, alias Edwards, was charged that on April 26, ati Avondale, he stole £35 15/- belonging to Robert Knox.

Information Dismissed. — Matthew John Carroll was charged with, wilfully obstructing Custom - street. Constable Carroll said that about mid-day on June 20 a considerable crowd gathered at the corner of Custom-street West, where, a German band was playing. Witness moved the crowd, and they all went except the defendant, who remained arguing with witness, and also using insulting language. Cross-examined, witness denied pushing Carroll and saying "Get off the — footpath." He was sure of the identity of the defendant. 'Carroll said that he and four friends were just coming from the hotel, across the footpath, when the constable came along and told witness to get off the — footpath, and also said that he (witness) had been hanging round all the morning. This latter statement was not-correct. Four other witnesses deposed to seeing the constable push Carroll and tell him to get off the — footpath. Constable Carroll, re-called, said he laid his hand on the defendant's shoulder, but denied using the expression alleged by the witnesses for the defence. His Worship said there could be no doubt that there was a good deal of loitering and obstructing of footpaths in Queen-street. The police had a very difficult task in keeping the streets clear, but they must be patient, firm, and respectful. On the evidence in the present case, however, he was not satisfied that there had been a real obstruction. If he had been satisfied that the street had really been obstructed by the defendant, he would have felt it his duty to support the police and inflict a penalty. The information would be dismissed.

Alleged Assault on Chinamen.—Joseph Simmons, who was defended by Mr Lundon, pleaded not guilty to charges of assaulting Ming Yen and Ah Bing on June 20. Ah Bing, a laundry-man, living in Victoria-street, said that on June 2(f, at about twelve o'clock, some missiles were thrown into his shop. The defendant threw a piece of wood, and later on a stone into the shop. The stone struck Ming Yen in the stomach. Witness went out to speak to the defendant, who thereupon struck him in the face. Cross-examined, witness said he did not see the defendant throw the missiles, but was told by his mate. When witness ran out he did not attempt to "claw" the defendant. He did not hear Simmons say that the stone had gone into the shop by accident. Witness did not see Ming Yen throw a flat iron at Carroll. Evidence was given by Ming Yen to the effect that he saw Simmons "throw the piece of wood and the stone into the shop. He saw Ah Bing make no attempt to strike Simmons before the latter struck him. Cross-examined, witness said the stone did not bounce off the floor, but struck him i n the stomach. He did not throw a flat iron at Simmons. Simmons gave evidence to the effect that he was passing the Chinese shop with a friend, and they were tossing a stone from one to the other. His friend failed to t~ke one "pass," and the stone rolled inside the door. He denied any knowledge of the piece of wood. The elder Chinaman ran out and tried to "claw" witness, while the other threw an iron at him. In self-defence witness struck the Chinaman twice. Similar evidence was given by Leonard Archer. His Worship, after hearing the evidence, inflicted a fine of £2 and costs, 28/6 on the charge of assault on Ah Bin<r half the fine to be given to the complainant. The second 1 charge was dismissed.