ASSAULTING THE POLICE.

Dominion, Volume 4, Issue 1170, 4 July 1911, Page 3

ASSAULTING THE POLICE.

PEARCE CONVICTED. AX AFFAIR L\ STATION CELLS. George Pearce appeared on remand at the Magistrate's Court yesterday. to answer the following charges:—(l) That oil .hint! ho stole a pair ot boots, valued at is. li'd., the property of .. Thomas O'Brien; .(2) that, oil the fame date, lie stole two alarm clocks, the property of some person or persons unknown; and (3) that, on the same date, he assaulted Constable Gordon -while the latter was in the execution of his duty. Sub-Inspector Sheeluin prosecuted, and Mr. I'. W. Jackson appeared for accused, who pleaded guilty to the first, charge, and not guilty to tiie other two charges. In regard to the theft of the clocks, the polico had no evidence to offer as to who the owner was, and the magistrate intimated that no defence was necessary. Regarding the charge of assault, Constable Gordon, who jvas watchhouse-keepef at the Manners Street Police Station oil Friday night, stated that accused had occupied one of the cells and, when witness went to give liim blankets, he asked if ho could not obtain bail. -Witness replied that lie could not obtain bail at that time, whereupon accused struck witness on tho eye, knocked him against the wall and escaped. In cross-examination, .witness denied catching Pearce by the throat, or 'raising a baton to him, or threatening Kim in any way whatever. Detective X'assells and Constable Tate deposed to Te-a'rresting Pearce at his house late on Friday night, and the lat : ter stated to them that ho had been caught by • the throat by the constable, a;nd, in return, had acted in self-defence. Ho also alleged that the constable was drunk, but' Wh witnesses swore that, when they saw Constable Gordon at 11 p.m., he was perfectly sober. Mr. Jackson, for tlie defence, said that accused would not deny striking the constable, but'.would state that he acted in self-defence. His story was that a man in the adjoining cell was making a noise, and the constable imagined that it was accused, and came along to the cell twice to tell him to desist. On the second occasion fco the accused would say) the constable caught him by the throat, and accused struck back in self-defence. In regard to the charge of theft, his client was unable to say how he came by .the boots, but he was excited at. tlio time from tho effects of drink, combined with the fact that his wife was seriously ill. After Pearce had given evidence oil tho lines indicated,. his Worship remarked that he did not' believe the story. The constable was an elderly man,' and not at all likely to have acted in the manner suggested. For tho theft of the boots a fine of 20s. was imposed, the option being seven days' imprisonment. The charge of theft of the clocks would be dismissed but, for the assault, accused would be sentenced to 14 days' imprisonment.

Mr. .Tackson asked if his Worship could not seo his way to intlict a monetary penalty. Accused had not previously been convicted of this class of offence and, on account of the serious illness of his* wife, he was anxious to get' home again to his family. He was a hard-workiug wharf labourer, and a good husband and father. In view of the .statement of counsel, his Worship decided to hold over sentence until this morning. The police are, in the meantime,' to make inquiries as to whether the facts are as stated.

IN POSSESSION OF OPIUM. Gong :I\ong and Ivong Quong were charged with"'Being found in possession of opium in ■a -forni suitable for-smok-ing. The date of the offence was June 30. - The Collector of Customs (Mr. C. .'S. Nixon)' prosecuted,' arid Mr. C. R. Dix appeared for both the accused, and • suggested that the cases be taken separately. The case against Kong Quong was first proceeded with, a plea of not guilty being entered. • Tho evidence tendered was to the effect that the two accused were the only persons in the house (19' Haining Street) when Sergeant ltutledge and Constable M'Kelvey. .entered ;aad:seized the; articles produced which, it was stated, were forms of opium suitable for smoking. The. premises were owned by Mrs. Gallagher, but' it could not bo ascertained definitely who was the real tenant. Defendant Kong Quong denied being the owner of certain liquid material' found in' a basin, but admitted that certain Eackets of opium ashes were'fdund . on im. He was a gardener at. Kilbirnie, and was only on a visit to the house in Haining Street. His Worship held that accused must be convicted as being found in possession of opium in a form suitable for smoking. A fine of <£10 was imposed. \i ith Court costs 75., and interpreter's fee, 7s. 9d. In the case against Gong Kong, it was agreed to take the saino evidence as already given. Jlr. Dix submitted that, as his Worship had already found that the opium was in the possession of Kong Quong. it could' not have been in the possession of the other accused. Gone Kong. His Worship, however, said that he was of opinion that it was in the possession of (or under the control of) both, but declined -to say how much belonged •..t aO /V' , long Ktm &. was also fi "ed <£10, ? m S r - cosfs " s '' an( ' interpreter's fee is. 9d. Seven days were allowed in which to and the money, provided that some security was ottered in the meantime. THEFT OF BROOCHES. Two young women, named Nellie Hamilton and Mary Sefton, the former of whom had pleaded guilty last week to the theft of two. brooches, and the latter to receiving one erooch, were brought forward for sentence. \ Chief Detective Broberg stated that inquiries had been made, and it had been ascertained that the parents of. both girls were desirous of their being sent to a home,. Ihe Salvation Army authorities rtP™ { W iw ns V l ° ta , l!e , 111 the " irls > aml the Chief Detective believed that that was the omy chance of saving them. The magistrate recorded convicliioim against both 1 acsnsad, and ordered them to conic up for .sentence when called upon on condition that they entered tho Salvation. Army -Home, and remained there lor six months. CRUELTY TO A HOUSE. On the information of the' S.P.C \ Joseph Doran; was charged with ill-treat-ing a horse on May 28 by working it while K was in ill-health; • ..K??™! .Down's employer, was charged \\itn 111-.reating the horse by iieaitii worked whilo .in iilMr. 11. J Webb appeared for the' prosecuaon and Mr. E J. Fifzgibbon for both the defendants, who pleaded not guiltv. The evidence was held "to be aeainst Doran, but the information against in('r„ews. I \ vas dismissed. Doran "was fined fi l T. l ? ta,li V" M 2s. Default was hied at fourteen days imprisonment. RATHER UNUSUAL CASE. A rather unusual maintenance caso was heard yesterday, when a widow proceeded arainst her deceased husband's father (Nathan Goldwater) claiming port for her three young children.' It appeared, from the evidence that complainant had some means when her husband died two and a half years a"o but this had. since been expended and an unfortunate speculation In a stall at the Coronation.lndustrial Exhibition left her in such a position that, at the present tune, she was unaljio to support her children. Defendant, who is 77 years of a"" and resides in Auckland, did not appear, but counsel called one of his sons to »ivc evidence. • ° Tho magj.-trate decidcd that an order must be made for payment of 7-. a week fcr the supi-ort of earli child, together with solicitor's ice <£1 Is, Jf ant found that lliis was not sufficient h>i« could bring the ease again, and call fresh evidence, and, on the other hand, if complainant's eircumstaiK-cs improved, dofondant could apply to have the order reduced or cancelled. Mr. TT. V. O'Leary appeared for complainant, and Mr. Stafford for defendant. .MAINTENANCE. AVillio Bertram Jackson was sentenced lo two months' imprisonmont in the Jit Eden Gaol fur disobedience uf u maintenance order under which the arreir, amounted to .£l3 12s. Mr: I'. W. .'arkkn appeared lot the complainant

Thomas .Augustine Glew'was ordered to pay ,£l Is. towards the support of his wife, together with .El ]s. solicitor's fee. The evidence showed that defendant had been paying 17?. 6d. a week without an order being in force. .Mr. .I'. \V. Jackson appeared for complainant, and Mr. J. C. Peacock for defendant.

lr'or disobedience of a maintenance order, Cecilia Ryan. who did not appear, was fined 20.=., in default seven days' imprisonment. ' . A similar fuio was imposed in the ease of Grace Tloltz, who also failed to appear to answer a similar charge. OTHER CAS!;.-. George 'William Jackson, against whom there were numerous previous convictions, pleaded guilty to a charge of drunkenness, and to.a further charge of procuring liquor during the currency of a prohibition order. He was declared a iial inebriate and sentenced to a month's imprisonment. . Edward Smith failed to appear to answer a charge of drunkenness, and was ordered to forfeit his bail (205.), or undergo 4S hours' imprisonment. A first-offending inebriate, who did not appear, was fined the amount of his bail (10s.), and another first offender was convicted and discharged. MOUNT "COOK. POLICE COURT. Mr. Horace Baker, J.P., presided at the Mount Cook Police Court .yesterday. William Joseph Cotter, for having been found drunk, was convicted and discharged. Of four first-offending inebriates who had been allowed bail, one, who appeared, was fined 55., wit'h the option of 2 ( hours' imprisonment. The other three were fined 10s., with the alternative of ■18 hours in gaol.