CITY POLICE COURT.

Evening Star, Issue 3778, 3 April 1875, Page 2

CITY POLICE COURT.

Saturday, Aprils. (Before V. Pyke and C. Begg, Eeqs , J.P.’s).

T * heft , FROM THE Distillery. - in formerly employed ns a distiller in the employ of the Distillery Company, Cumberland street, was charged, on remand with stealing a quantity of whiskey and gin’ the property of his late employers, on March?! f 1 i ? ag wJ P r ° secuted . and Mr Stout defended, - When the case was before the Comt on Thursday last, and after the witnesses for the prosecution had been ex'.mined, Mr Stout contended that there was no case to answer; but the Bench considered that there was a case for committal. At the request of prisoner’s counsel the case was then adjourned till to-day.— Mr Stout now proceeded to address the Bench. *s*2 Ejected.-The Bench decided that Mr Stout could not again address vT j/ n r y Patiently listened to what had fallen from him at the last sitting of the f OU u follow g witnesses were called e defence :—Wm. Glasgow, clerk in the distillery, said that the pumping of spirits took plac® twice a week, when a sample was taken for the officer. Accused he had always considered to have borne a most excellent eba racter. John Grant had known accused for a number of years. He had always a good cha raster. Thos, Borland said that when accuse* i came here, three or four years ago, witness removed some goods for him. He then took out a demijohn and gave witness a nobbier of strong whiskey.—Certificates as to charactei where handed in by Mr Stout.—Tbe Bench re tired for a tew minutes, anil ou coming into Court again Mr Pyke said they were of opinio.t that there was a reasonable presumption that prisoner Md become possessed of the property of his employers—in other words, that he ha. stolen the property. That remark referred t< the overproof whiskey, which (was not serveout to the men, but kept for customers. This showed that he could not have become pos sessed of it, except by some indirect or wicked manner. Accused had no doubt borne an excellent character hitherto, he was doubtles possessed of the highest moral character—but still he had stolen the whiskey. Seeing his good chaiacter. they would not pass a heavy sen’ tence.—Mr Stout here submitted that by the 119 th section of the Distillation Act the charge was a misdemeanor.—Mr Pyke ; That refers to smuggling. The marginal note is incorrect. Mr Stout could appeal if he liked, but the sen tence of the Court must be recorded.—Mr Stout: If I appeal, I presume the Bench will take it. —Mr Pyke; You must first hear the sentence. The sentence of the Court is that prisoner be imprisoned for two months, with hard labor.—Mr Stout: Then I ask that the sentence be postponed till I can appeal under the section referred to.—Mr Pyke; That refers to embezzling, and nothing else.—Mr Stout pointed out that it might be three or four months before the aopeal could be settled seing the amount of banco business to be transacted. Mr Havgitt decided to withdraw a second charge against the same prisoner. [Mr H. Bastings here took his seat on the Bench.]

Charge of Theft. Elisha Harris, for whom Mr Bathgate appeared, was charged on suspicion by Constable Bain, with stealing, on April 2, two pounds of zinc metal, of the value of 7s, the property of some person unknown to prosecutor.—lnspector Mallard asked that as accused was only apprehended yesterday, and as the police had not had time to find an owner for the metal, the charge be remanded till Wednesday. Tho surrounding circumstances warranted the police in supposing that the property was stolen.—The charge was remanded till Wednesday, accused being ad mitted to bail on his own recognisance of LSO and two sureties of L2O each.

Drunkenness. —John Connor was fined ss, with the alternative of twenty-four hours’ ini’ prisonment; Peter Adams Lyell and Peter Young, 20s, or three days’; Robert Robertson ss, or twenty-four hours’, for using profance language, 10s, or two days’, and for resisting Constable Beasley, a like alternative-the sentences to be cumulative.

[Mr Begg here retired from the Bench.} •Jobbery from a Brothel. —John Fergusson was charged by Emily Evans with Uaving stolen from the dwtjlinghouso of Catherine Walker, on March 25, a purse con taming 27s 6d, the property of Emily Evans MrE. Cook defended.—Catherine Walker sai<i that she, with two other young women in the house, retired to bed at ha’f-past one o’clock on the morning of the 26th inst., after locking nr, the house. They were disturbed some time after by accused and two others pulling about witness’s sister. Accused, when ordered to leave the house, threatened to split witness’s head open.—Emily Evans gave corroborati -e evidence. When she looked at her purs** next morning, she found a pound note and seven shilling and sixpence had been stolen therefrom.—Mary Walker said that she saw accused on the morning in question go to the last witness’s portmanteau and take from the purse o pound note and some silver.—The Bench considered the case a peculiar one, and com plainant’s inability to answer simple questions made it more peculiar. Without, expressing any opinion as to accused’s-guilt or othenviscthey dismissed the charge. Perjury.— A charge against Alfred Hutchinson, of committing perjury in giving evidence befoie Mr Bathgate, R.M., at the Resident Magistrate’s Court on March 30, was remanded till Tuesday ne\t, accused being admitted to bail on his own recognisance of LSO, and two sureties of L2O each.

Maintenance. —John Attiwell was ordered to pay 5s per week each towards the support of his three children, inmates of the Industrial School.

B each op the Peace.— John Cooney, for this offence in Princes street south, was' fined 40s, in default fourteen days’ imprisonment.